1. Somatic Plant Medicine Training Terms and Conditions
These are the terms and conditions of our (“Training”) that we (AYA Healing Retreats & Atira Tan) hereinafter referred to as We provide to a customer (the “Customer”) hereinafter referred to as You:
Please ensure that you read these Terms carefully, and check that the details of the Booking are complete and accurate before you submit the Booking. If you think that there is a mistake, please Contact Us to discuss at Elio@ayahealingretreats.com.
These Terms will become binding between You and Us when We contact you stating that We have enrolled You on the Training, at which point a contract will come into existence between you, the customer, and us, AYA Healing Retreats and Atira Tan. Please read our policies carefully.
When the following words with capital letters are used in these Terms, this is what they will mean:
Event Outside Our Control: is defined in clause 9;
Booking: your Booking for the Course;
Course: the Course that We are providing to you as set out in the booking;
Payment Schedule: the installment payments (if applicable) set out in
the Booking and which you agree to make in accordance with these terms but subject also to your rights as set out in these terms;
Terms: the terms and conditions set out in this document; and
We/Our/Us: AYA Healing Retreats and Atira Tan LLC.
109A Thomson Street Northcote Victoria 3070 Australia
When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
3. OUR CONTRACT WITH YOU
These are the terms and conditions on which We provide the Course to you.
Please ensure that you read these Terms carefully, and check that the details of the Booking are complete and accurate before you submit the Booking. If you think that there is a mistake, please Contact Us to discuss.
When you submit the Booking, this does not mean We have accepted your Booking. Our acceptance of the Booking will take place as described in the clause below. If We are unable to provide the Course, We will inform you of this and will not process the Booking.
These Terms will become binding on you and Us when We contact you that We are able to provide the Course, which We will confirm in writing to you, at which point a contract will come into existence
between you and Us.
If any of these Terms conflict with any term of the Booking, the Booking will take priority.
4. CHANGES TO BOOKING OR TERMS
We may revise these Terms from time to time in the following circumstances:
(a) changes in relevant laws and regulatory requirements; (b) to reflect changes to our course terms.
If you wish to cancel the Booking before it has been fulfilled, please see your right to do so in clause 9.
5. PROVISION OF THE COURSE
We will provide the Course to you on the Course date set out in the Booking.
We will make every effort to complete the Course on time. However, there may be delays due to an Event Outside Our Control. See clause 9 for Our responsibilities when an Event Outside Our Control happens.
In the unlikely event that We have to suspend the Course because of organizational problems, We will contact you to let you know in advance where this occurs unless the problem is urgent or an emergency. If you have chosen to pay by installments you will still have to pay the installments whilst the Course is suspended under this clause
If you do not pay Us for the Course when you are supposed to as set out in clause 7, We may suspend your right to attend the Course with immediate effect until you have paid us the outstanding amounts. We will contact you to tell you this.
6. IF THERE IS A PROBLEM WITH THE COURSE
In the unlikely event that there is any problem with the Course: (a) please contact Us and tell Us as soon as reasonably possible;
(b) please give Us a reasonable opportunity to address the problem; and
(c) We will use every effort to resolve the problem as soon as reasonably practicable.
If you are a consumer (and not a business), you have legal rights in relation to the Course if it is not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
7. PRICE AND PAYMENT
The price of the Training will be set out in your Booking. Our prices may change at any time, but price changes will not affect a Booking that We have confirmed with you.
Early Bird offers cannot be used in conjunction with any other promotions or offers.
Your booking constitutes a legally binding contract. A 50% deposit is required at the time of booking, as denoted on the booking source website, and is non-refundable. Confirmation of your booking will be sent by email or within 2 days of booking receipt.
Payment for the remaining balance of the Training is due thirty (30) days prior to the start date of the Training. We reserve the right to require payment in full upon booking.
Once we have accepted your order for the course as set out in the clause, then all payments are due in accordance with the payment schedule regardless of whether you attend all or any part of the course.
If you pay for the Course in installments and miss any payment then the whole of the outstanding Course fee will become due and payable within 7 days of failure to pay an installment.
We reserve the right to refuse a sale to anyone for any reason, at any time.
8. OUR LIABILITY TO YOU
If we fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract.
You may use the skills you acquire on the course for the purpose of providing yoga training to members of the public but you may not use the Course content for the purpose of training other potential yoga trainers looking to acquire trauma-informed yoga teaching skills. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If you intend to provide a training to members of the public or currently operate as a business then our total liability to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall in no circumstances exceed the sum equivalent to the total amount paid by you for the Training
9. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
You may cancel the Training at any time prior to 60 calendar days before the training start date. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
You may not cancel a Course Booking once the Course has started, nor within 60 calendar days of the Course start date. However, if you, the Customer, is unable to attend the Training for medical reasons, and can provide a medical certificate, and we receive written notice at least: seven (7) business days in advance of the Training, you are entitled to a refund of the fees paid (less 50% deposit); or a credit for such Training, which must be used for another training offered us within 12 months of the date of the original Training.
If we cancel a Training due to circumstances beyond our reasonable control (e.g. weather, sickness, COVID-19, or natural disaster), then the Customer is entitled to a credit for such Training, which must be used within twelve (12) months of the date of the original Training. If we cancel the Training for any other reason, then the Customer is entitled to a full refund minus the 50% deposit which is non-refundable, for such Training. We shall not be responsible for any other loss incurred by the Customer as a result of a cancellation or reschedule.
If we are required to rent and/or purchase facilities, goods, or services in connection with providing the Training, then in the event that the Customer cancels Training, regardless of the advance written notice given, the Customer is required to reimburse us for all non-refundable costs or expenses that we have incurred as of the date of cancellation in connection with the canceled Training associated with the rental and/or purchase of facilities, goods or services.
We reserve the right to reschedule or cancel the date, time, and location of Training at any time, where the occasion necessitates, including replacing personnel who may be scheduled to deliver Training with other personnel who are qualified to deliver such a Training, and accepts no liability if, for whatever reason, the course does not take place.
To minimize any loss and to protect yourself during the trip, we request that you, the Customer, take out a comprehensive insurance policy that covers cancellation, which you will be required to submit to us before attending the Training.
To the extent permitted by law, neither AYA Healing Retreats & Atira Tan, nor its presenters will be liable by reason of breach of contract, negligence, or otherwise for any loss or consequential loss occasioned to any person acting, omitting to act, or refraining from acting in reliance upon the Training material or presentation of the Training or, except to the extent that any such loss does not exceed the price of the course, arising from or connected with any error or omission in the course material or presentation of the course. Consequential loss shall be deemed to include, but is not limited to, any loss of profits or anticipated profits, damage to reputation or goodwill, loss of business or anticipated business, damages, costs, expenses incurred or payable to any third party or any other indirect or consequential losses.
10. HOW WE MAY USE YOUR PERSONAL INFORMATION
We will use the personal information you provide to Us to provide the Training and process your payment for such Training.
To inform you about similar products or Trainings that We provide, but you may stop receiving these at any time by contacting us or requesting unsubscribe. We will not give your personal data to any third party.
11. CANCELLATION CHARGE
You must notify us of any medical issues prior to the Course commencement date which may arise after completion of the medical declaration and the provisions of clause above will apply.
EFFECTS OF CANCELLATION
If you cancel this contract, we will reimburse you all payments received from you, less the non-refundable 50% deposit if you cancel before 60 days to the commencement of the Training. We will make the reimbursement without undue delay, and not later than 30 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation from this contract, in comparison with the full coverage of the contract.
If you cancel 7 days before the training or during the training, there will be no refund.
The 50% deposit is non-refundable. In the event of cancellation by the customer, regardless of the circumstances, the following refund fees, minus the deposit apply.
* Deposits are required at the time of booking and are non-refundable.
* 50% refund (less deposit) for cancellations up to 60 days before the training.
* No refunds for any cancellations for any reason after 60 days prior to the training.
* No refunds for no-shows.
* In the circumstance of a medical emergency, 50% of the fee (less deposit) will be refunded. Medical emergencies must have a medical certificate as proof.
If you are on a payment plan, your remaining balance (total price minus deposit) is 15 days before the training start date unless stated otherwise.
13. TRAVEL ARRANGEMENTS
All travel arrangements are your responsibility and at your own cost. We shall not be held liable for any consequences arising from delays or cancellations in any of the companies you have made travel arrangements with, or for any irregularities in your documentation required for travel.
14. HEALTH DISCLAIMER
The student must comply fully with all and any health and safety regulations introduced by Atira Tan. The student must ensure that he/she is medically and physically fit and able to use our facilities and participate in activities. Students who have injuries or illnesses are advised to seek doctor’s advice if practicing yoga. Atira Tan is not liable for any injuries to the student in his/her participation in activities. A student must always stop and rest if he/she is feeling any pain or sickness and inform the teacher of any previous injuries
The information provided during the retreat is for informational purposes only and is not intended as a substitute for advice from your healthcare practitioner, or any other healthcare professional. You should not use the information gained during this retreat for diagnosis or treatment of any health problem or as a substitute for medication or other treatment prescribed by your healthcare practitioner. You should consult a healthcare practitioner before starting any diet, fast, exercise or health program, before taking any medication or nutritional supplement, or if you suspect you might have a health problem or have a current health condition
Please understand that you are responsible for your own health and wellbeing during the retreat. AYA Healing Retreats and Atira Tan will not be held liable for any injuries or other medical or mental health problems that may occur, are sustained or aggravated during or after your time on our trainings, workshops and retreats.
These trainings are for professional development and are not intended as a therapeutic or clinical intervention for anyone who has experienced trauma. Our trainers/teachers are not medical professionals and we do not give medical advice.
Despite cultivating a safe container and encouraging self and co-regulation during our training, please be aware that talking or hearing about trauma can be triggering.
Our programs are designed to provide a foundation in trauma-awareness allowing for further exploration of trauma-informed practices through continuing education and personal experience.
16. OTHER IMPORTANT TERMS
We may transfer Our rights and obligations under these Terms to another organization, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
You may only transfer your rights or your obligations under these Terms to another person if We agree in writing and you pay our reasonable administration costs for effecting such change, such costs to be paid in advance.
This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
These Terms are governed by Australian law. You and We both agree to submit to the non-exclusive jurisdiction of the Australian courts.
We have a few ways for payment. We offer PayPal with a 5% surcharge, direct debit into our European, Australian, or US bank accounts with no surcharge, or WeTravel, which is the best way of payment. Please email us at firstname.lastname@example.org if you wish to pay via PayPal or Direct Debit.
For WeTravel payment which is a secure platform that offers Visa, Mastercard, and Amex, please click on the link below.