1.1 The www.meladharma.com website (this website) is owned by BONONO Pty Ltd (Meladharma, we, us). This agreement describes the terms and conditions that govern the use of the services specified on this website by a person that uses through Meladharma and this website (you).
1.3 We may, at our sole discretion, vary or modify Our Terms from time to time. The amended Our Terms will be posted on the website and a notice of the change will be posted on the home page of the website. Any subsequent access to, or use by you, of the website will constitute acceptance of Our Terms as they appear at that time.
1.4 Except as specifically permitted under paragraph 1.3 and elsewhere in this agreement, Our Terms cannot be amended except in writing signed by you and us.
1.5 In this agreement, a reference to “you” includes a reference to anyone acting on your behalf or with your express or implied authority.
2.1 We may provide a range of different services from time to time, including:
(c) Jyotish Astrology;
(d) Asna; and
(e) all other yoga practices.
2.2 Further details in relation to each of our services are set out on the website. We may change our services and suspend, terminate or restrict your access to our services at any time.
2.3 Our services are only available to persons (also known as participants)
2.4 To book our services, please complete the online service form. You may also contact us by email firstname.lastname@example.org or telephone.
2.5 The website includes information and content developed by us (Our Information). You acknowledge and agree that:
(a) Our Information is intended only to provide a summary of the relevant subject matter and its brevity could lead to misinterpretation;
(b) while we use all reasonable endeavours to ensure that Our Information is up to date, this is not always possible due to factors beyond our control; and
(c) Our Information may include certain errors, omissions or outdated information from time to time.
2.6 To the extent permitted by law, we do not warrant the accuracy or timeliness of Our Information and no responsibility can be accepted for those who act on Our Information.
Security, Viruses and Linking
3.1 We do not guarantee the security of the website. We do not warrant that access to the website will be uninterrupted or error free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks to satisfy your own requirements.
3.2 Should you leave this site via a third party link, you acknowledge that:
(a) you do so at your own risk;
(b) the content to which you link will not have been produced, checked for accuracy, or otherwise reviewed by us; and
(c) the link does not represent any endorsement by us of the products or services offered on the linked site.
4.1 All intellectual property rights in the website, including any information, software and tools accessed via the website, will remain vested in us.
4.2 You may not copy, reproduce, modify, reverse engineer, disassemble, decompile, transmit or communicate to the public the website, or any information, software and tools accessed via the website.
Confidentiality and Privacy
5.1 Any communication or material sent by you to the website by electronic mail or otherwise, including any data, questions, comments or suggestions, are and will be treated as non-confidential, except to the extent that any such communication or material or any part of it comprises personal information as defined in the Privacy Act 1988 (Cth).
6.1 You represent and warrant that:
(a) you are entitled to enter into this agreement and perform your obligations under this agreement;
(b) you are entitled to rent the relevant property to guests as well as provide us with access to the property for the purpose of the provision of our services to you;
(c) you are the lawful owner, lessee or licensee of the relevant property;
(d) you have and will maintain all licences, authorisations, consents, approvals and permits required by applicable laws in order to perform your obligations under this agreement;
(e) there are no matters which will or may adversely affect your ability to perform your obligations under this agreement; and
(f) you will at all times comply with any applicable laws.
7.1 Subject to any condition, warranty or right implied by the Competition and Consumer Act 2010 (Cth) or any other law which cannot by law be excluded by agreement:
(a)we give no warranties, and you have no other rights, apart from those, if any, expressly set out in Our Terms; and
(b) all implied conditions, warranties and rights are excluded.
7.2 Without limiting paragraph 7.1, to the extent permitted by law, we do not give any warranty of reliability, quality, fitness for purpose, merchantability or accuracy nor accept any responsibility arising in connection with any errors in, or omissions from, the information provided on or by the website.
7.3 Where any condition, warranty or right is implied by law and cannot be excluded, we limit our liability for breach of that implied condition, warranty or right:
(a) in connection with the supply of goods, to any one or more of the following, as we may determine- the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the costs of replacing the goods or of acquiring equivalent goods or the payment of the costs of having the goods repaired; and
(b) in connection with the supply of services, to one of the following, as we may determine- the supplying of the services again or the payment of the costs of having the services supplied again.
7.4 Subject to paragraphs 7.1 and 7.3, we are not liable to you in contract, tort (including negligence), under any statute or otherwise for, or in respect of, any:
(a) indirect or consequential loss or damage; or
(b) loss of profits, sales, turnover, reputation, production, anticipated savings, goodwill, business opportunities or data, whether of a direct, indirect or consequential nature,
suffered by you or any other person and arising out of any breach or other act or omission by us.
7.5 You acknowledge and agree that we have no contractual or other relationship with guests who may stay at the relevant property and any act or omission of any guest is your sole responsibility. It is your responsibility to lawfully contract with a guest who is to rent or otherwise stay at the property and to take such measures as would be prudent in connection with such a transaction.
7.6 Without limiting paragraph 11.5, we are not liable for and you indemnify us against:
(a) any act or omission of a guest or other person staying at the relevant property;
(b) any loss or damage caused to the relevant property or chattels by a guest or any third party;
(c) any loss or damage to the property of any guest or third party;
(d) any damages or breakdowns of appliances used by guests or operated during cleaning operations;
(e) any claims against us by a guest or any other person arising in connection with their stay at the relevant property or the rental of such property; and
(f) any issue arising in connection with the transaction between you and the guest for the rental of the relevant property.
7.7 Subject to this paragraph 11, our total and aggregate liability in contract, tort (including negligence), under statute or otherwise for, or in respect of, any direct loss or damage arising out of any breach or other act or omission will not exceed the amount of the fees we have received from you in respect of the services provided by us in relation to the booking pursuant to which the relevant liability arose.
Termination, Suspension and Force Majeure
8.1 Either party may immediately terminate this agreement upon notice in writing to the other party if:
(a) the other party breaches any term or condition of this agreement and:
(i) the breach cannot be remedied by that defaulting party; or
(ii) if it can be remedied, the defaulting party fails or refuses to do so within a period of not less than 7 days from notification to it, which specifies the nature of the breach and requires the defaulting party to remedy the breach; or
(b) the defaulting party becomes subject to any form of insolvency, receivership, administration, liquidation or bankruptcy.
8.2 Without limiting our rights under paragraph 8.1, we may suspend the services provided under this agreement upon notice in writing to you if:
(a) you breach any term or condition of this agreement; or
(b) we reasonably consider you have engaged in any misconduct or any false, misleading, deceptive, fraudulent or offensive behaviour in connection with our services.
8.3 Following any suspension we will advise you of what action must be taken to remedy the failure or issue which gave rise to the suspension and the date on which the suspension will cease, with such period not to exceed 60 days.
8.4 A party is not liable for any failure to observe its obligations under this agreement where such failure is wholly or substantially due to a force majeure event, which includes any cause beyond the control of that party, including strike, industrial action, war, sabotage, terrorist activity, national emergency, blockade or governmental action, inaction or request, and act of God, provided that the party seeking to rely on the benefit of this paragraph:
(a) as soon as reasonably practicable, notifies the other party of the extent to which it is unable to perform its obligations; and
(b) uses its best endeavours to mitigate the adverse effects of the force majeure event and perform its obligations under this agreement as quickly as possible.
8.5 Where a force majeure event prevents a party from performing a material obligation under this agreement for a period in excess of 30 days, the affected party may by notice in writing terminate this agreement, which will be effective immediately, unless otherwise stated in the notice.
9.1 Our Terms record the entire agreement between you and us and supersede all previous negotiations, understandings, representations and agreements in relation to the subject matter of Our Terms.
9.2 If any part of Our Terms is for any reason invalid or unenforceable, that part must be read down to the extent necessary to preserve its operation. If it cannot be read down, it must be severed.
9.3 We may subcontract, assign or novate this agreement or any of our rights or obligations under this agreement in our sole discretion.
9.4 Any failure or delay by us to exercise or enforce Our Terms does not waive our rights to enforce Our Terms.
9.5 Our Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia. You submit to the jurisdiction of the courts of New South Wales, Australia.
9.6 If you have any questions or feedback about the website or Our Terms, please contact email@example.com.
9.7 Meladharma is not affiliated with Sattva Yoga Academy, or any other rental platform referred to on this website.
Conditions of Sale (Retreat Programs)
- Booking Policy
1.1 A booking at Meladharma a retreat is confirmed when a non-refundable deposit of $800 AUD or greater is paid.
1.2 If a booking is made three months in advance of the start date of the retreat the whole amount is required to confirm the place.
1.3 Guests must obtain full and comprehensive travel insurance to attend the retreat including, but not limited to, overseas medical expenses and evacuation, trip cancellation and force majeure events.
1.4 Every client must provide Meladharma with full insurance details, along with a signed copy of the participation and liability waiver form. Failure to do so results in a cancelation of the booking and forfeiting the paid deposit.
1.5 Guests must be at least 18 years of age to attend a Meladharma Retreat. Guests under 18 may be allowed to attend provided they are accompanied by a guardian 18+ years old and are approved by management.
1.6 By making payment of a deposit or full payment for any program, you are accepting Meladharma’s Terms and Conditions.
- Payment Policy
2.1 Payment must be received in full and must be made at least 30 days prior to the retreat commencement. If the retreat commencement date is less than 30 days, full payment is required to secure the booking. Failure to pay within this timeframe results in the deposit being forfeited and the place being resold.
2.2 The early booking discount only applies when full payment is received three calendar months prior to the start of the retreat date.
2.3 Bank fees incurred by transferring money are the sole responsibility of the Participant.
2.4 The participant is responsible to pay for all extra services not included in the selected package in cash, in the local currency or where facilities allow, credit card payments can be accepted.
- Cancellation Policy
3.1 If a participant cancels the booking, Meladharma will not issue a cash, cheque or credit card refund for any reason. As per cancellation schedule below, a portion of your payment can be used as credit for another retreat to be taken within twelve months from original booking. If you would like to transfer your booking to another participant, we would be more than happy to do so. All cancellations and booking transfers must be received in writing via email.
3.2 Cancellation fees –
- If a participant cancels 90+ days from the start of the booked retreat date, 100% of the payment (less non refundable deposit – $800) can be applied to another retreat to be used within one year from the date of booking.
- If you cancel 60-89 day before the start date of your booked retreat, 75% of the booking fee (less non refundable deposit – $800) can be applied to another retreat date to be used within one year from the date of booking. With 25% of the overall price being forfeited.
- If you cancel 15-59 days before the start of the booked retreat date, 40% of your payment (less non refundable deposit – $800) can be applied to another retreat date to be used within one year from the date of booking. With 60% of the overall price being forfeited.
- If you cancel 14 days or less before the start of the booked retreat, you will forfeit the full amount of the retreat package price.
3.3 Exceptions to Meladharma’s guest cancellation policy cannot be made for any reason. We do not offer any credit for arriving late or departing early, missing activities or not utilising any part of the program. You must submit your signed participation agreement and liability waiver form 90 days prior to retreat start date, whichever comes first. Guests who fail to do so, may be subject to an automatic cancellation and the above policy will apply.
3.4 Meladharma’s Cancellation policy
3.5 If Meladharma cancels or changes a scheduled retreat date for any reason, excluding force majeure (see clause 3.6) you may transfer your full payment to another retreat date within 12 month period, pending availability. Meladharma is not responsible for any expenses incurred in preparation of the cancelled retreat, i.e. airplane tickets, illness, loss of work etc.
3.6 Meladharma will not be liable for cancellation, failure of, or delay in performing it’s obligations under this agreement due to force majeure events (Earthquake, hurricane, tornado, flooding, volcanic activity or other natural disasters, or in the case of war, action of foreign enemies, terrorist activities, labor dispute or strike, government sanction, blockage, embargo or epidemic) or if certain conditions present unacceptable danger to the participant.
3.7 In the event of a cancellation or refund, Meladharma will not be responsible for any currency fluctuations and will refund the original amount that was invoiced.
4. Prices and Services
4.1 Prices and services are subject to change. The invoiced price includes the services as stated on the invoice and the booking confirmation connected with that invoice. Any additional agreements will be communicated via written form. Meladharma reserves the right to change its prices without prior notice.
4.2 Meladharma reserves the right to change its offer or individually agreed services due to extraordinary circumstances s (e.g. external forces, governmental regulations, delays of third parties, weather and oceanic conditions, etc.). If any essential contract paragraph is changed, the customer will be informed as soon as possible. The retreat schedule and inclusions can change at any time without notice. The program listed on the website is always applicable.
4.3 Meladharma reserves the right to change its location or dates due to unforeseen issues (e.g. third party delays or problems, construction, etc.) Meladharma will ensure the standard be kept the same in all the partnering villas / resorts / boats.
4.4 Meladharma reserves the right to change or amend this policy at anytime. The current policy is always applicable
Data Use and Protection
The customer agrees that he/she may be photographed and/or filmed during his/her stay and/or activities in connection with the company, and also agrees that the company may use such recordings for promotion and/or advertising purposes without any prior consent. The customer agrees that the company for marketing and market research purposes may use his/her personal data. The company assures that all personal data will be treated confidentially and not be transferred to any third party other than necessary to fulfill the booking or deliver the requested service. The customer can terminate this agreement at any time in written form via email. In that case, the personal data and/or footage will not be used for marketing/market research purposes.