Terms & Conditions

GENERAL TERMS AND CONDITIONS OF BIG HEARTED BUSINESS

1. Your Agreement

1.1 Welcome to the website (the “Website”) and its related services (including the sale via the Website of products and/or services) (the “Services”) provided by Storybaker Pty Limited trading as Big Hearted Business (“BHB”).

1.2 These terms and conditions (“T&Cs”) apply in relation to your use of the Website and/or any of the Services, and are deemed accepted and agreed by you by your use of the Website. You acknowledge that such acceptance means the T&Cs form a binding agreement between you and BHB.

1.3 By use of the Website and/or the Services you are deemed to consent to the terms of BHB’s privacy policy (the “Privacy Policy”). The Privacy Policy is accessible on the Website.

1.4 Users must be over 18 years to make purchases at the Website.You agree that by purchasing at the Website you are confirming that you are 18 years of age or older

1.5 BHB may amend the T&Cs or Privacy Policy from time to time without prior notice and such amended T&Cs and/or Privacy Policy (as applicable) will be effective and binding upon the date that BHB notifies you that changes have been made (which notification may be by general notice on the Website).

2. User Account

2.1 Where applicable, BHB will assign you a user account (your “Account”) in order to enable you to access, use and purchase certain aspects of the Website and/or the Services. You will be required to choose a user identification and password for your Account.

2.2 Each time the correct password and identification is used to access your Account, you are able to access and use the relevant section of the Website on the terms herein.

2.3 BHB has no obligation to investigate the user or source of the identification and password information used to access your Account. You will be solely responsible for all access to and use of this Website by anyone using the password and identification originally chosen by you, whether or not such access to and use is actually by you or authorised by you. You are bound by all transactions undertaken and effected in your Account.

2.4 You are solely responsible for protecting the security and confidentiality of the password and identification chosen by you. You shall immediately notify BHB of any unauthorised use of your password or identification or any other breach or threatened breach of Website security.

2.5 Where applicable, you will provide accurate and complete information in respect of your Account and will update all of your details regularly.

2.6 You acknowledge that BHB may at any time cancel identification or password information if it considers a breach has or may occur, or that such details are offensive or infringe any third party rights.

3. Use of Website

3.1 You are responsible for your use of the Website, the Account and the Services, and for any use of the Website and the BHB Services made using your device. You agree that your use of BHB is for personal non-commercial use. In respect of your use of the Website, you agree that you will not:

advertise, transmit or solicit any commercial messages;
engage in any illegal, unethical or immoral conduct;
use the Website to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent or otherwise illegal or inappropriate content;
mine, collect, copy, distribute or disclose any part of the Website or information contained on the Website in any medium.
attempt to interfere with the Website, compromise Website systems integrity or security, decipher any transmissions to or from the servers running the Website, hack, spam or phish BHB or other Website users;
cause, or aid in the destruction, manipulation, removal, disabling, or impairment of any portion of the Website, such as by requesting its removal from a search engine;
take any action that imposes or may impose (as determined by BHBin our sole discretion) an unreasonable or disproportionately large load on Website infrastructure;
collect or harvest any personally identifiable information, including account names, from the Website;
stalk, harass, bully or harm another individual who uses the Website, or engage in any activity which incites or is likely to incite such activity;
impersonate any person or entity, or misrepresent your affiliation with a person or entity;
violate any requirements, procedures, policies or regulations of networks connected to BHB;
violate any law or regulation (and for the avoidance of doubt in the event of any such violation you shall be solely responsible and liable);
upload any content to the Website that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you have used it.

3.2 You agree not to upload, post, transmit or otherwise make available to or via the Website any material that:

is not your original work, or which may infringe the intellectual property or other rights of another person;
is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
includes an image or personal information of another person unless you have their consent;
you know or suspect, or should reasonably know or suspect, is false, misleading or deceptive.

3.3 If you believe that a user of the Website has breached any of the above conditions, please contact BHB at office@bigheartedbusiness.com.

3.4 BHB reserves the right to refuse service, block or suspend any user of the Website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the Website by any user, without prior notice.

3.5 BHB reserves the right to alter, update or remove products and/or Services, and the materials, information, general content and/or structure of Website, at any time.

4. Services and Testimonials

4.1 Please be aware that testimonials, comments and assessments by other users of the Services as contained on the Website may not reflect the results that you would or may achieve through your own use of the Website. Results may vary and your experience may not be similar to the experience of the testimonial provider.

4.2 BHB is not responsible or liable for any material, comment or information uploaded, posted, transmitted or otherwise made available on the Website other than by BHB or BHB’s authorised agents. BHB does not endorse any opinion, advice or statement made by any third party.

5. Purchases

5.1 Products and/or Services provided by or related to BHB may be made available for sale to you via the Website. By purchasing and making payment to BHB for any product or service you accept these T&Cs as a binding contract in respect of each such purchase.

5.2 In order to purchase any BHB products you will be required to provide payment information. BHB may where necessary share this information with BHB’s third party payment processors such as (but not limited to) PayPal.

5.3 By ordering a BHB product or service, you agree that BHB may charge you the price listed at the checkout screen on the Website. Prices are subject to change at any time prior to confirmation of purchase. Prices are in Australian dollars and are subject to GST.

5.4 BHB will not cancel, exchange or refund any component of any purchase made through the Website save as (a) set out in these T&Cs; or (b) as required by law; or (c) as otherwise agreed in writing by BHB and you.

5.5 BHB will refund any payment solely in circumstances where BHB is unable to provide the product ordered or a suitable replacement.

5.6 Upon receipt of payment, BHB will confirm your purchase by email to the email address provided by you, and will proceed to provide the relevant product or service as per its description.

5.7 You acknowledge that the “purchaser” is the holder of the credit card or account used to pay for purchases, and queries relating to purchases must be made by the purchaser. BHB cannot enter into correspondence with any party other than the purchaser in relation to any purchase.

5.8 You warrant and confirm that the products and/or Services purchased are for personal use and are not for re-sale.

5.9 If you have any issues with payment do not hesitate to contact BHBat office@bigheartedbusiness.com.

6. Ownership

6.1 By uploading, transmitting, posting or otherwise making available any material via the Website, including by providing BHB with any comments, feedback, ideas or suggestions, you grant BHB a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit such material in any form and for any purpose, and unconditionally waive and/or agree not to assert any and all moral rights in and/or to such material, as defined by the Commonwealth Copyright Act 1968 and otherwise as apply around the world.

6.2 The design of the Website along with BHB-provided text, templates, scripts, graphics, images and interactive features, and the trademarks, service marks and logos contained therein, the underlying software, files, concepts and contents, and all other content, elements and parts of the Website are owned by or licensed to BHB. You agree you have no right, title or interest in or to any aspect of the Website. You shall not engage in the use, copying, or distribution of any part or element of the Website or content contained therein unless and until BHB has given express written permission (which BHB may withhold in its absolute discretion).

6.3 You must not frame, reformat, replicate or mirror any part of the Website, or use any data mining robots or other extraction tools in relation to the website, without BHB’s prior written authorisation.

6.4 You may link to the BHB Website without BHB’s further consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter the Website’s content, including any intellectual property notices. At BHB’s request, you must immediately remove any link to the Website.

6.5 The Website may display content owned by third parties (not BHB) (“Third Party Content”), and may include links to websites operated by other organisations and individuals (“Third Party Websites”). Third Party Content and Third Party Websites are not under BHB’s control. BHB does not endorse, approve or make any representation, warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct, including privacy compliance.

7. Liability and Indemnity

7.1 Your use of the Website is at your risk. By accessing the Website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus, worm, trojan horse and/or malware transmitted by this website or by any Third Party Content or Third Party Website.

7.2 BHB does not guarantee that the Website will always be available, work effectively, or be accessible at any particular time. BHB reserves the right to terminate access for anyone. BHB cannot guarantee that any products found on the Website will work as advertised, or that they will give you the desired results.

7.3 You acknowledge that there are many situations that may affect your enjoyment of the Website, Services and/or purchases that are outside of BHB’s control. Accordingly, to the maximum extent permitted by applicable law BHB has no liability to you whatsoever in relation to any claim arising from:

(i) the actions or omissions of third parties who may provide products and services in connection with your purchases or activities on the Website;

(ii) unforeseen events beyond BHB’s reasonable control (including, without limitation, fire, flood, acts of war or terrorism, acts of God, acts of government, telecommunication failures, civil unrest and accidents).

7.4 To the maximum extent permitted by applicable law:

(i) BHB makes no representations or warranties whatsoever to you, whether in respect of the information, materials and/or Services provided on the Website or otherwise in respect of your use of the Website;

(ii) BHB hereby excludes all representations, warranties, terms and conditions whether express or implied (and including without limitation those implied by Statute, custom, law or otherwise);

(iii) BHB’S cumulative liability to you for all claims made by you under or in relation to these T&Cs, the Privacy Policy, your purchases or your use of this Website will not exceed in aggregate the amount actually received by BHB in respect of your purchases in the period 90 days preceding the date the claim first arose;

(iv) BHB will not be liable to you in respect of any claim for any loss of profit, data, goodwill or business, for interruption to business, for any failure to release anticipated savings or for any consequential, indirect, special punitive or incidental damages.

7.5 Certain legislation may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These T&Cs and the Privacy Policy must be read subject to those statutory provisions. If those statutory provisions apply, to the extent to which BHB is entitled to do so, BHB limits BHB’s liability in respect of any claim to, at BHB’s option:

(i) in relation to services:

(A) the supply of the services again; or

(B) the payment of the cost of having the services supplied again; and; and

(ii) in relation to goods:

(A) the replacement of the goods or the supply of equivalent goods;

(B) the repair of the goods;

(D) the payment of having the goods repaired.

8. General

8.1 BHB may assign the benefit of these T&Cs and Privacy Policy to any person without your consent. You may only assign the T&Cs and Privacy Policy or a right under them with BHB’s prior written consent that may be withheld or granted in BHB’s absolute discretion.

8.2 The T&Cs and Privacy Policy constitute the entire agreement between the parties in connection with their subject matter and supersede all previous agreements or understandings between the parties in connection with its subject matter.

8.3 If the whole or any part of a provision of the T&Cs and Privacy Policy is invalid or unenforceable in a jurisdiction it must, if possible, be read down for the purposes of that jurisdiction so as to be valid and enforceable. If however, the whole or any part of a provision of the T&Cs and Privacy Policy is not capable of being read down, it is severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of the T&Cs and Privacy Policy or affecting the validity or enforceability of that provision in any other jurisdiction.

8.4 A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise by a party of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.

8.5 These T&Cs and Privacy Policy do not create a relationship of employment, trust, agency or partnership between the parties.

8.6 You irrevocably waive your right to seek injunctive or other equitable relief to restrain the operation of any element of the Services and you agree to limit your claims against BHB to claims for monetary damages.

8.7 You hereby indemnify BHB and each of BHB’s officers, employees, agents, contractors, suppliers and licensors (collectively “Affiliates”) in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by BHB or its Affiliates arising (in whole or part) out of the breach of or failure by you to comply with any of these terms and conditions, or any other default or wrongful conduct by you in relation to the subject matter of these terms and conditions.

8.8 These T&Cs and the Privacy Policy will be governed by and construed in accordance with the law for the time being in force in Victoria, Australia and the parties, are deemed to have submitted to the non-exclusive jurisdiction of the courts of that State.

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TERMS AND CONDITIONS of the BHB RETREAT:

Please note: your application to our retreats means that you have agreed to the below terms and conditions.

Travel documents

It is the retreat participant’s responsibility to hold a passport – It is a requirement by Indonesian Law that your passport is valid for more than 6 months and that your return ticket is purchased and available for display (printed).

You can purchase your Tourist Visa for approximately $25 U.S. currency. All proper travel documentation is the sole responsibility of each retreat participant. Please consult your travel agent or local consulate/embassy on visa requirements prior to travel. For Singapore permanent residents, please bring along your exit permits when traveling. For foreign passport holders, it is the passenger’s responsibility to hold valid re-entry VISAS. Big Hearted Business shall not be held responsible or liable for any expenses, reimbursement or refund of retreat/tour prices if any retreat participant is refused entry by any country.

You will be required to pay an Exit Tax of 200,000 Rupiah (around $20) at the airport on departure.

Travel Insurance

Purchase of travel insurance is a condition of attending this retreat, with respect to unforeseen circumstances such as trip cancellation, personal baggage loss, personal accident, injury or illness. Under no circumstances shall Big Hearted Business be construed as a carrier under contract for safe carriage of your baggage or belongings. However, should you have any enquiries on travel insurance, please send us an email.

Retreat Package

Prices quoted (unless otherwise stated) are in Australian dollars inclusive of associated taxes and surcharges, and is based on per person either on a single supplement or twin-sharing basis. Please refer to specific retreat details for all inclusions.

Prices quoted exclude items like laundry, room service, telephone calls, unspecified meals or tours, beverages, excess baggage and porterage charges, personal and baggage insurance, tips and all other items of personal effect.

Deposit & Cancellation Policy

All of our retreats require a significant time and resources for planning. In order to secure your reservations upon booking, we require a deposit of 50% of the package cost. This deposit is non-refundable.

Cancellation Policy for No Show

· A no-show by the participant at the retreat venue without prior notice shall be considered a cancellation. No refund shall be made in the event of a ‘no show’ without prior notice to BHB.

· No refunds, either in part of in full, will be made for un-utilised ground transportation, meals, accommodation, admission to tourist attractions or sightseeing tours.

Limitation of Liability

· Insofar as is permissible under applicable law, neither Big Hearted Business (Story Baker Pty Ltd) nor their employers or agents assisting or collaborating with them, is liable for any loss, injury, accident, damage, delay or expense which may arise in any way whatsoever during the retreat.

· Every person participating in any retreat organized by Big Hearted Business (Story Baker Pty Ltd) shall be regarded as carrying his or her own risk with respect to loss or injury to person or property. You accept full responsibility for losses and expenses due to delay, sickness, weather, strikes, war, quarantine or acts of God.

· Big Hearted Business (Story Baker Pty Ltd) reserves the right to alter any itinerary and/or accommodation without prior notice to you if it shall, in its sole and absolute discretion, deems it fit.

· Big Hearted Business (Story Baker Pty Ltd) instructors have the right to discontinue any retreat participant(s) that they believe will be disruptive to the entire retreat experience. In this event, the participant is given a refund, subject to Big Hearted Business (Story Baker Pty Ltd) discretion. However, Big Hearted Business (Story Baker Pty Ltd) is not responsible for any expenses or damages incurred including preparation costs, airline tickets, travel documents or other expenses, as a result of this disruption.

Indemnification

You agree to indemnify Big Hearted Business (Story Baker Pty Ltd), it’s officers and employees for all losses, costs, damages, embarrassment, claims and expenses, including legal fees and costs (on an indemnity basis) in relation to:

· any action or claim by any of the people you booked on behalf of;

· and any breach by you or by any of the people you booked on behalf of, of any provision of any terms and conditions in relation to the products/services you booked or contravention of any law or rights of third parties, or your use of this website;

· any claims by any Supplier for loss or damage resulting from your actions or omissions or those of any person you booked on behalf of.

Force Majeure

Force majeure, shall include, without limitation, acts of nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service and any other circumstances beyond Big Hearted Business (Story Baker Pty Ltd)’s reasonable control.

Photography

You agree to permit Big Hearted Business (Story Baker Pty Ltd) to use all photographs taken during the retreats and all yoga classes for future marketing purposes perpetually. If you do not agree it is your responsibility to make this known to Big Hearted Business (Story Baker Pty Ltd).

Data Integrity

Your personal particulars are recorded for bookings made with Big Hearted Business (Story Baker Pty Ltd). Your privacy is absolutely protected and data will be used principally to provide you with Big Hearted Business (Story Baker Pty Ltd) products / services you have purchased. Big Hearted Business (Story Baker Pty Ltd) retains the data you provide from time to time, including data collected when you use our products and services. Your data may be used for the following purposes: accounting, billing and audit, credit or other payment card verification, administrative and legal purposes, maintenance and development, customer relations, and to help us in any future dealings with you, for example by identifying your requirements and preferences.

Applicable Law And Jurisdiction

These terms and conditions are governed by the laws of Australia and you agree to submit to the exclusive jurisdiction of the courts of Australia in the event of a dispute.

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Terms and Conditions of BIG HEARTED BUSINESS LIVE EVENTS

These terms and conditions are subject to change at any time and it is the responsibility of the ticket holder to be aware of the terms and/or changes.
By purchasing a ticket to a Big Hearted Business event, you acknowledge and accept these terms and conditions in your personal capacity and on behalf of any accompanying minor. You assume all risks which are incidental to the event for which the ticket you have purchased is issued, whether before, during or after the event.
No person/s, at any time, can use, copy, record, sell or publicly broadcast all, or any part of, Big Hearted Business conference.
Tickets vary in price, early-bird ticketing and special discounts may be applied at the discretion of management.
Price and ticket availability information is subject to change without notice.
Accommodation and airfare costs are not included in the conference/retreat/ticket/registration fee unless otherwise stated on the event website.
All tickets sales are final and subject to these terms and conditions.
All tickets are non-refundable
In the case of the B.H.B. (un-)Conference, you may nominate a substitute to take your place at the conference up to two weeks prior. If you wish to do so please contact Big Hearted Business via email:office@bigheartedbusiness.com.
Ticket prices are subject to change at any time.
Ticket prices do not include parking allowance at or near the venue.
In the event that the event is cancelled, ticket holders will receive a full refund minus any bank or administrative fees incurred by Big Hearted Business for receiving the original ticket payment.
The Big Hearted Business Conference presenters and speakers are subject to change without notice.
Your privacy is very important to us and we are committed to protecting the integrity of the personal information we collect from you.
The Privacy Act 1988 (Commonwealth) and the Privacy Principles govern the way in which we manage your personal information and this policy sets out how we collect, use, disclose and otherwise manage personal information about you.
The Big Hearted Business Conference organisers accept no responsibility for loss or damage to personal property that is brought to or left at the Big Hearted Business Conference.
If you have any questions about the event, the event organisers, or these terms and conditions, please contact: office@bigheartedbusiness.com
We can accept no liability to you for any of the following types of loss (should you suffer any of them as a result of your use of The Big Hearted Business Conference): i. loss which was not foreseeable to you and us when you first accessed or registered to use The Big Hearted Business Conference (even if that loss results from the our failure to comply with these terms or our negligence); ii. any business loss you may suffer, including loss of revenue, profits or anticipated savings (whether those losses are the direct or indirect result of our default); iii. loss which you suffer other than as a result of our failure to comply with these terms or our negligence or breach of statutory duty; iv. any loss suffered due to the default of any party other than us.

Big Hearted Business