WEBSITE DISCLAIMER

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.

The information contained in this website is for general information purposes only and is provided by wearealma.co. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you may be able to link to other websites which are not under the control of wearealma.co. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, wearealma.co takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

COPYRIGHT NOTICE

This website and its contents are the copyright of We Are Alma – © 2020. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following. You may print or download contents to a local hard disk for your personal and non-commercial use only. You may copy some extracts only to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it on any other website or other form of electronic retrieval system.

PRIVACY POLICY

 

YOUR PRIVACY

Last updated: 5 November 2020

At wearealma.co, we are committed to protecting your privacy as a customer and an online visitor to our website. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our privacy policy below carefully.

INFORMATION WE COLLECT FROM YOU

In the course of your visits to our website or use of our products and services, we may obtain the following information about you: name, company name, email address, telephone number, credit card details, billing address, geographic location, IP address, survey responses, support queries, blog comments and social media handles (together ‘Personal Data’).

Our services are not directed to persons under 18 and we do not knowingly collect Personal Data from anyone under 18. If we become aware that a child under 18 has provided us with Personal Data, we will delete that information as quickly as possible. If you are the parent or guardian of a child and you believe they have provided us with Personal Data without your consent, then please contact us.

You can review, correct, update or delete your Personal Data by either logging into your account and making the changes yourself or contacting us directly to do so.

HOW WE USE YOUR INFORMATION

Personally Identifiable Information: We use the information we collect to deliver our services to you, including: communicating with you, providing technical support, notifying you of updates and offers, sharing useful content, measuring customer satisfaction, diagnosing problems and providing you with a personalised website experience.

Marketing communications are only sent to you if you have requested or subscribed to them. You can opt out of our marketing communications at any time by unsubscribing or emailing us and your request will be actioned immediately.

Non-Personally Identifiable Information: We also use the information we collect in aggregated and anonymized forms to improve our services, including: administering our website, producing reports and analytics, advertising our products and services, identifying user demands and assisting in meeting customer needs generally.

Any information you choose to make publicly available, such as blog comments and testimonials on our website, will be available for others to see. If you subsequently remove this information, copies may remain viewable in cached and archived pages on other websites or if others have copied or saved the information.

STORAGE AND SECURITY OF YOUR INFORMATION

We will use all reasonable means to protect the confidentiality of your Personal Data while in our possession or control. All information we receive from you is stored and protected on our secure servers from unauthorized use or access. Credit card information is encrypted before transmission and is not stored by us on our servers.

To enable us to deliver our services, we may transfer information that we collect about you, including Personal Data, across borders for storage and processing in countries other than Australia. If your Personal Data is transferred and processed outside Australia, it will only be transferred to countries that have adequate privacy protections.

We retain your personal information for as long as needed to provide services to you and as otherwise necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

In the event there is a breach of our security and your Personal Data is compromised, we will promptly notify you in compliance with the applicable law.

COOKIES AND PIXELS

A cookie is a small file placed in your web browser that collects information about your web browsing behaviour. Use of cookies allows a website to tailor its configuration to your needs and preferences. Cookies do not access information stored on your computer or any Personal Data (e.g. name, address, email address or telephone number). Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. This may, however, prevent you from taking full advantage of our website.

Our website uses cookies to analyse website traffic, provide social media sharing and liking functionality and help us provide a better website visitor experience. In addition, cookies and pixels may be used to serve relevant ads to website visitors through third party services such as Google Adwords and Facebook Adverts. These ads may appear on this website or other websites you visit.

SHARING YOUR INFORMATION WITH THIRD PARTIES

We do not and will not sell or deal in Personal Data or any customer information.

Your Personal Data details are only disclosed to third party suppliers when it is required by law, for goods or services which you have purchased, for payment processing or to protect our copyright, trademarks and other legal rights. To the extent that we do share your Personal Data with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy and in accordance with applicable law. Our contracts with third parties prohibit them from using any of your Personal Data for any purpose other than that for which it was shared.

DISCLOSURE OF YOUR INFORMATION

We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, we may use your Personal Data to protect the rights, property or safety of wearealma.co, our customers or third parties.

If there is a change of control in one of our businesses (whether by merger, sale, transfer of assets or otherwise) customer information, which may include your Personal Data, could be transferred to a purchaser under a confidentiality agreement. We would only disclose your Personal Data in good faith and where required by any of the above circumstances.

LINKS TO OTHER WEBSITES

This website may contain links to other websites. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personally identifiable information. This privacy policy applies solely to information collected by this website.

CHANGE IN PRIVACY POLICY

As we plan to ensure our privacy policy remains current, this policy is subject to change. We may modify this policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on this website. Please return periodically to review our privacy policy.

CONTACT US

If you have any questions or concerns at any time about our privacy policy or the use of your Personal Data, please contact us at hq@wearealma.co, 0457308871 and we will respond within 48 hours.

BOOKING TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS FOR BOOKING OUR SERVICES CAREFULLY PRIOR TO MAKING ANY BOOKING

Welcome to We Are Alma. By engaging our Services, you are agreeing to comply with and be bound by the following terms and conditions of use (‘Terms’), which together with our privacy policy and website disclaimer, govern our relationship with you in relation to your use of our Services.

By using this website or engaging our Services, you signify your acceptance to be bound by these Terms.

 

DEFINITIONS 

“Experience” means any particular activity or event or excursion on the Retreat that may be offered from time to time by Us.

“Retreat” means the We Are Alma retreat organized and offered from time to time which may include guides, transport, meals, accommodation, activities, events, excursions, or other such experiences on the Retreat as advertised. 

 ‘Us’, ‘Our’, ‘We’, ‘We Are Alma’ means Kirsty Wright t/a We Are Alma and includes all employees, contractors and affiliates.

‘You’, ‘Your’ and the ‘Client’ refers to you, the client, participant, visitor, website user or person using our website or Services as relevant.

If you do not agree to be bound by these Terms, we ask that you do not engage our Services or use our website. You must be 18 years of age or older to use our Services.

 

OUR SERVICES

We offer a variety of services including, but not limited to, arranging and hosting Retreats. These Retreats may include local contracted driver guides, restaurant recommendations, meals, accommodation, transfers and various retreat activities as offered from time to time (together the ‘Services’).

We are not a travel agent nor do we book any flights. You are solely responsible for booking your flights to the destination to arrive on time. As we have booked and prepaid all activities, we cannot provide a refund if you miss any activities or for any accommodation or any other prepaid parts of the package for any reason. For this reason, we recommend you take out appropriate travel insurance to cover any loss that you may incur. 

You need to familiarise yourself with any travel, flight, activities and other third party terms and conditions when making your bookings and any reservations.

From time to time during a Retreat, we may make recommendations and suggestions (together ‘Recommendations’). Our Recommendations are in no way to be taken as or relied upon as personal advice and are made based on our experience, our view and opinion only. The Recommendations are made to enhance your experience. If at any time you are uncomfortable with any Recommendations, please feel free to discuss this with us and we will try to address and respond to any concerns you may have.

We are responsible for providing the Retreat as advertised, where it is within our control. We cannot guarantee that all inclusions listed on our website will be functional at all times, however all endeavours will be made to rectify any problems as soon as we possibly can.

 

RESERVATIONS, CANCELLATIONS AND REFUNDS

Spaces on our Retreats are limited and subject to availability. Please note that whilst we will endeavour to accommodate all requests to participate in our Retreats, places are reserved on a first-come first-served basis and are secured upon payment of the 25% non-refundable deposit fee of the total Retreat price. Once this payment has been paid it secures your dates. We cannot guarantee any reservation until your deposit payment has been received.

Upon receipt of your booking request and confirmation of your non-refundable deposit, we will confirm your requested dates for your chosen Retreat. 

The final payment in full must be made 45 days prior to the Retreat date. We recommend that you take out travel insurance to cover cancellations that are out of your control. Payments in the event of any cancellation are non-refundable. We will, as a gesture of goodwill, attempt to resell your spot on the Retreat and if we are successful, we will provide you with a credit voucher for another future Retreat which will be valid for a 12 month period.  Any other refunds are determined in our sole discretion.

We do permit transfer of your place to another traveler if you are able to arrange this and notify us in advance. Please contact us in the event you are wishing to make any changes to the registered traveler and we will then be able to advise further.

If we are required to cancel the Retreat due to government restrictions, Force Majeure or other cause which is out of our control, we will provide a full refund as soon as reasonably possible. Force Majeure includes, but is not limited to, acts of God, fire, explosion, vandalism, pandemic, storm or other similar occurrence or natural disaster, orders or acts of military or civil authority, or by national emergencies, riots or war. 

It is important to also note that there may be changes or alterations from time to time to Retreats that are out of our control due to third party supplier issues. However we will at all times endeavour to inform you in advance, as soon as we are made aware. If it is a material change, we will at all times try to ensure you have a suitable alternative available.

  

PAYMENT, FEES AND CHARGES 

Payments are made via our online payment gateway and can be made via VISA and Mastercard or alternatively via electronic funds transfer.

Our prices do not include additional activities such as airfares, additional experiences, massages or treatments, alcohol and other drinks, snacks, laundry, items of a personal nature and other items. The inclusions are indicated on our website. These additional activities and items as well as any gratuities are payable directly to the venue or provider. 

No booking or reservation for any Retreat is finalised until full payment is received and confirmed.  If a deposit payment has not been made at the time of booking, or if you do not make your final payment in accordance with these Terms, your booking may also be cancelled.

The cost of our Retreats are in AUD and are final. We cannot be held responsible for any change to fees and charges, including any currency fluctuations, for activities which are not included in the Retreat fee, which are ‘extras’, optional or provided by a third party supplier.

  

TRAVEL INSURANCE 

We strongly recommend that you have appropriate comprehensive travel insurance, providing cover against all costs, losses and liabilities that may arise in connection with medical issues, health issues, personal injury, illness, personal property, liability, cancellations, travel delays, travel alterations, force majeure and any other relevant matters. We ask that all participants take out the appropriate travel cover in order to cover their Retreat, Experiences, travel and any other travel or activities they may be booking. We assume that such a policy is in force before you depart and are not responsible for ensuring you have an appropriate or any policy in place at all. You should also bring the policy with you in case of an emergency.

  

AIRFARES AND TRANSFERS 

Airfares are not included in the Retreat price, however for most Retreats we try to ensure some airport transfers are included in the Retreat price. You will need to check with us and inform us about your flight number and arrival times. We offer clear arrival and departure instructions, directions and details upon confirmation of the booking.

  

VISAS AND TRAVEL DOCUMENTS 

In most instances, visas will be required for any international travel. We cannot be responsible for any issues related to your inability to travel or enter any country or zone as a result of your citizenship or other status. 

You are responsible for ensuring you obtain all necessary travel requirements including but not limited to entry, exit and re-entry requirements and that you have a valid passport prior to travel. 

 

CHECK IN AND CHECK OUT

You must read the accommodation policy at the venue carefully for any provisions in relation to accommodation. We cannot guarantee a certain standard or quality of room for your accommodation. 

 

SPECIAL REQUESTS

Whilst we do our best to try to meet all special and additional requests, we cannot guarantee nor do we warrant that any special requests relating to food, bookings, bedding, seating and any other requests you may make will be available. Please let us know and we will try to accommodate you. 

 

CHANGES AND ALTERATIONS

From time to time, Retreats and Experiences may be altered or cancelled for reasons out of our control including but not limited to political events, riots, weather conditions, participant safety, operational circumstances, unsuitable accommodation due to utility or service issues and other unforeseeable events (together ‘Force Majeure’).

In these circumstances, your full payment will be refunded as soon as reasonably practical. As we may be required to wait for a refund from the service provider, venue or other third party supplier, there may be a delay but we will notify you of any such delay. 

We also reserve the right to cancel, change or substitute any Retreat and/ or Experience at any time due to lack of minimum required participant numbers, external or third party supplier issues that may arise. If you do not want to accept the alternative for any reason, we will offer you a refund in accordance with Australian Consumer Law requirements.

We do not offer credit for arriving late or leaving early. There are no partial refunds for any services or Experiences not used while the Retreat is going. 

 

MORE ON REFUNDS AND CANCELLATION 

If you cancel your reservation due to unforeseen circumstances, we do not offer a refund but we may try to resell your spot on the Retreat. If we are able to do so, we may offer you a credit valid for 12 months to be used on another Retreat. Any such offer may be made in our sole discretion.

In some cases, different refund and cancellation policies may apply for additional events or activities that are not part of or included in our original Retreat. The refund terms may vary based on an individual Experience or Retreat operator, event or other third party individual refund and cancellation policy. Please check this directly with the individual provider.

There are no refunds, part refunds for any unused portion of any Retreat or package. This includes any late arrivals for which there are missed Experiences or other prepaid items. 

In the event that we amend or cancel your reservation in accordance with this clause, we are not liable for any additional costs or losses that may be incurred by you due to the change of booking. This includes, but is not limited to, any extra hotel reservations or car rentals, or the cost of non-refundable airline tickets. 

We strongly recommend that you take out travel insurance to cover any costs or losses which you may incur, including but not limited to costs associated with cancellations, amendments, and any unforeseen events. 

 

DISCLAIMER

To enable us to offer you the Retreat, we contract and work with and through a network of third party businesses and individuals. For this reason, we are not responsible for any of their acts or omissions. 

It is an essential pre-condition to you engaging our Services, booking and attending any Retreat, that you agree and accept that we are not legally responsible for any loss, injury or damage you may suffer related to your attendance on or at any Retreat or Experience, use of our Services, or any information provided by us. This includes but is not limited to any injuries, losses or damages in connection with accommodations, ground transportation, illness, diseases, Acts of God, local laws, visas, pandemics, climatic condition delays, changes or cancellation of travel due to weather conditions, delayed or cancelled flights, accidents or health related problems and while in transit to (e.g., an accident on the way to a Retreat or into town etc), during, and after any Retreat.

You also engage our Services and attend any Retreat at your own risk. We are not responsible at any time, directly or indirectly for any direct, indirect, consequential loss or damage including any loss of revenue, profits, income or otherwise even if made known to us prior. You agree you engage in any activities offered through our Services at your own risk and we are in no way to be held liable.

 

DISCLAIMER FOR COVID, DISEASE, VIRUS OR OTHER ILLNESS 

We ask that all our Clients, participants and any individuals attending our premises or using our services take their own individual precautions regarding their own medical and health safety, particularly with the spread of such viruses as COVID-19. 

We ask that you follow all regulated and mandated guidelines such as wearing a mask and keeping a safe distance from other individuals while on our premises and abide by any other requirements we may have posted or advise you of.

If you suffer from ill health or are an ‘at risk’ individual, we recommend that you take extra suitable precautions as advised by your own medical practitioner and refrain from using our Services if you have not been advised to do so by your practitioner. 

If you believe you have been in contact with or have been or suspect you may have been exposed to anyone who may have exhibited COVID-19 symptoms or any other virus, we request that you do not attend any of our premises, use our Services or otherwise expose any individual to any potential threat of COVID-19 or other virus contact. You should immediately contact your medical professional and remain in isolation until you have been advised otherwise. 

You are responsible for ensuring the safety of yourself and others.  We are at no time responsible for any illness, virus, disease or any other medical condition you believe you may have been exposed to or contracted on our premises or while using our Services. You are solely responsible for your own health and ensuring you follow safe practices for managing any public health issue in accordance with relevant mandated guidelines. 

 

LIABILITY

To the fullest extent permitted by law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to the Services and this agreement, except those set out in this agreement, including but not limited to:

(a)  implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in the Terms;

(b)  our Services being unavailable; and

(c)  any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, or otherwise, suffered by you or claims made against you, arising out of or in connection with your use of the Services, attending any Retreat or Experience, the inability to attend any Retreat or Experience, and any late supply of Services, even if we were expressly advised of the likelihood of such loss or damage.

To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.

Legislation may confer certain rights, warranties and guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law (‘ACL’). At no time are these statutory rights sought to be excluded.

We cannot guarantee the availability of any Retreat or Experience at any time. In the event of any changes to any times, dates or venues, we will use all reasonable endeavours to notify you and where applicable, work with you to arrange suitable alternative options. 

 

HEALTH AND MEDICAL ISSUES

Some of our Retreats offer optional or other activities which carry inherent health risks. You are fully responsible for ensuring you have made all enquiries for all Experiences on the Retreat to ensure you are not at risk for any medical or health related issues. This includes but is not limited to all food risks, fitness requirements and travel issues you may have or which may pose potential risk. If you have any food allergies or intolerances, we ask that you make us aware and to the extent we will make best efforts to accommodate your requirements. However we cannot be responsible for any issues, illnesses, allergic reactions or other that you may experience as a result of any allergens. If you have any health issues or disabilities we also ask that you make us aware, and we will make best efforts to accommodate your requirements.

From time to time we may offer yoga or other fitness and activities as part of our Retreats or optional Experiences for you to choose. You understand that when participating in any exercise, fitness, active activity or other program, there is the possibility of health or physical injury. You are responsible for consulting a suitable medical professional before commencing any Services, any exercises, taking part in any Retreat activity, technique or taking any course of action that may directly or indirectly affect your health or well-being. 

You need to make your own enquiries and consult your medical professional prior to travel and your Retreat and you acknowledge we are not responsible for any decision you may make to participate or any injury you may suffer as a result.

 

COMMUNICATION

 It is vital that we have your valid email address and phone number. If you change this you should inform us immediately. We correspond by email and if necessary by phone. Once your booking has been made and we have received your deposit, all further correspondence is by email. We will also email you all of the information that you’ll require to get to the Retreat and all Experiences.

  

COMPLAINTS

We do our utmost to provide accurate information to you, answer all your queries and ensure you enjoy our Retreats. In the event there arises an instance where you may feel your program, seating, accommodation, food or room quality or another aspect of your experience was not as advertised or was otherwise not matching your expectations, we ask that you address this, at the time, with the relevant third party service provider or operator if applicable (hotel, restaurant, Retreat guide) directly. If no satisfactory resolution is reached, or if the issue relates to something that was provided directly to you by us (rather than via a third party service provider), please advise us.

We only facilitate the Retreat, and are not responsible for the cleanliness, food quality or room quality of hotels or seat quality on Retreats and at venues including the accuracy of any third party or other such issues or claims you may have. While we endeavour to ensure your Retreat is at all times of a high quality, we ask that if you have any issues you raise it with the third party host immediately at the time 

It shall be your own responsibility to ensure that any Services that we provide meets your specific, personal or commercial requirements. We do not warrant that any Retreat or Experience will be suitable or fit for your purpose or will correspond with the advertising by a third party operator. You agree to make your own enquiries directly with the third party operator if required.

Before posting any negative feedback on our website, we ask that you email us directly so that we can reach a satisfactory resolution.

 

DISPUTE RESOLUTION

In the event of any dispute, controversy, or claim arising out of, relating to, or in connection with our agreement and these Terms, including any question regarding its existence, validity or termination, shall be resolved by mediation in accordance with the Australian Centre for International Commercial Arbitration (ACICA) Mediation Rules. The mediation shall take place in Sydney Australia and be administered by ACICA.

If the dispute has not or is not able to be settled pursuant to the Rules within 60 days following the written invitation to mediate or within such other period as both you and I agree in writing, the dispute shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Sydney, Australia and the language of arbitration shall be English. Each party shall pay their own costs in relation to any dispute.

 

CONDUCT

As the enjoyment and safety of all participants on our Retreats is of the utmost importance, we will take all necessary measures to ensure this. 

This means we do not tolerate any anti-social behaviour, which includes but is not limited to: drunken and inappropriate behaviour, any form of non-prescription drugtaking, bullying, loud, lewd or raucious behaviour, harassing or any other behaviour which impacts the safety and enjoyment of other participants on the Retreat.

We may, in our sole discretion, ask you to leave and will not be obliged to provide a refund for any missed Experiences or the Retreat in whole or in part.

 

YOUR PRIVACY

 We are committed to protecting your privacy. We use the information we collect about you to maximise the Services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

 You may change your details at any time by advising us in writing via email. All information we receive from our clients is protected by our secure servers or held in secure file management systems.

From time to time we may take group photos or photos of individuals while on our Retreats for the purposes of advertising promotional purposes and to include on our website or social media pages. If you do not wish to have your image posted, please notify us in writing.

 

THIRD PARTIES 

We do not and will not sell or deal in personal or client information. We may however use your information, in a general sense without any reference to your name, to create marketing statistics, identify user demands and to assist it in meeting client needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use. If a third party provider contacts you or is using your information for marketing purposes, please contact them directly to ask them to refrain from using your information.

 

DISCLOSURE OF YOUR INFORMATION 

We may be required to disclose information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our client agreements; or to protect the rights, property or safety of our clients or third parties.

 

USE OF RETREAT IMAGES AND WEBSITE CONTENT

We will be taking photos of individuals, groups, and activities throughout the Experience to post on our website and social media outlets for marketing, news and interest. Unless you provide us with an express written request to refrain from including your image, you agree to all such images and photographs being posted by us.

All images, photographs, graphics, data, including but not limited to moving images, videos and other content (together “Material”) on our website and/or social media pages are protected by Australian and international copyright, trademark, patent and other laws relating to intellectual property and all Material is either owned by or licensed to us. You may not do anything which interferes with or breaches those laws or our intellectual property rights in the Material. Any unauthorised use of any Material may violate such laws and we do not grant any express or implied permission to you to use any Material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

  

WHOLE AGREEMENT 

These Terms represent the whole agreement between you and us concerning your use and access to our website, and engaging our Services you may book with us.

No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

 

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these Terms.

 

JURISDICTION

Our agreement and these Terms are subject to the laws of New South Wales and Australia. If there is a dispute between you and us that results in litigation then you must submit to the exclusive jurisdiction of the courts of New South Wales.

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