Biodanza Terms & Conditions
1. Acceptance
1.1 The Participant has accepted these terms and conditions if the Participant places an order for or accepts Services provided by Jean
1.2 The entire Agreement between Jean and the Participant is set out in this document, including any sign-up form completed by the Participant or other document between Jean and the Participant.
2. Condition of Entry
2.1 The Participant agrees to be respectful to other participants and to Jean during the Biodanza sessions/workshops.
2.2 Jean may ask the Participant to leave the Premises or refuse entry to the Biodanza sessions/workshops if:
i. the Participant is using abusive or threatening language or behaving in a threatening way; or
ii. the Participant is under the influence of drugs or alcohol; or
iii. the Participant behaves in another way that could injure themselves or other participants; or
iv. the Participant fails to adhere to any direction or guidelines given to the Participant by Jean; or
v. the Participant fails to be respectful or courteous to other Participants.
2.3 If the Participant is refused or requested by Jean to leave, the Participant will not receive a refund from Jean.
3. Cancellation of Services
3.1 The Participant cannot cancel the Services without providing notice to Jean.
3.2 If the Participant signed up for casual sessions and:
i. the Participant provides Jean with 7-hour notice, the Participant may transfer to another session;
ii. Jean cancels the session, the Participant may request for a full refund of the session, or for Jean to provide a credit to be used within 6 months;
3.3 If the Participant signed up for a workshop and:
i. the Participant provides Jean with more than 7 days prior to the schedule workshop, the Participant may transfer the workshop to another person or receive 70% credit of the workshop Fee;
ii. the Participant cancels the Service less than 7 days prior to the scheduled workshop, the Participant may transfer the workshop to another person or receive 20% credit of the workshop Fee;
iii. Jean cancels the Services less than 14 days from the scheduled workshop, the Participant will receive full refund of the Fees.
iv. Jean cancels the Services more than 14 days from the scheduled workshop, the Participant may request Jean to transfer the Fees to another Service provided by Jean, including any Biodanza sessions or series, workshops or coaching sessions in the same calendar year.
3.4 Jean is not liable for any loss or damage whatsoever arising from such cancellation.
4. Fees and Payments
4.1 The Fees includes GST and excludes any credit card charges and administration fee.
4.2 Jean may change the Fees by written notice to the Participant or by way of updating the Website.
4.3 Jean may request for a deposit of the Fees or for whole payment of the Fees in advance.
4.4 The Participant agrees to pay the Fees either via the Website or at the Premises prior to the provision of Services by Jean.
4.5 Payment can be made by credit card or by any other method as agreed by Jean (including cash or bank transfer).
4.6 If the Participant wishes to make payment via credit card, the Participant must pay the Fees to Jean, plus any credit card charges and administration fee of 1.7% of the Fees.
4.7 The Participant authorises Jean to charge its credit card for Services supplied under this Agreement.
5. Participant’s Responsibilities
5.1 The Participant is responsible for:
i. payment of all Fees to Jean;
ii. compliance with all reasonable directions or guidelines given by Jean;
iii. attending to all the Biodanza sessions/workshops on time;
iv. advising Jean of any injuries, medical condition, physical condition or mental condition suffered or sustained by the Participant prior to Biodanza sessions/workshops;
v. advising Jean of any special requirements of the Participant to Jean; and
vi. reading and understanding these terms and conditions, including any other material provided by Jean –
vii. promptly ask Jean for clarification, if the Participant requires any further explanation of any document or information provided by Jean
6. Default and Consequences of Default
6.1 If the Participant owes Jean any money, the Participant shall indemnify Jean from all costs and disbursements incurred by Jean in recovering the debt (including but not limited to internal administration fees and legal costs of a solicitor on an indemnity basis).
6.2 Jean may cancel all or any part of any Services of the Participant which remains unfulfilled and all amounts owing to Jean shall, become immediately payable if any money payable to Jean becomes overdue.
7. Ending this Agreement
7.1 If at any time the Participant is in breach of any obligation (including those relating to payment), Jean may suspend or terminate the supply of Services to the Participant or this Agreement.
7.2 Jean will not be liable to the Participant for any loss or damage the Participant suffers because Jean has exercised its rights under this clause.
8. Limited Liability
8.1 Whilst all care will be taken, Jean takes no responsibility for any damage or loss caused by the provision of Services at Jean premises, including any items lost, stolen, misplaced or damaged.
8.2 Jean’s liability shall be limited to damages which under no circumstances shall exceed the Fees of the Services.
8.3 To the extent that Services supplied by, Jean's liability for failure to comply with a consumer guarantee that the Participant may have the benefit of is limited to, at the option of Jean:
i. the supply of the Services again; or
ii. the payment of the cost of having the Services supplied again.
8.4 To the extent permitted by law, Jean is not liable to the Participant for any loss or damage, whether direct, indirect, liquidated, special or consequential and including loss or damage arising as a result of death or personal injury, however caused (including negligence) which the Participant or any other person may suffer or incur and which may, without limiting the generality of the foregoing, arise directly or indirectly in respect of the Services, or in respect of any failure or omission by Jean or any of its officers, agents or employees to comply with the Agreement or any obligation imposed by law.
8.5 To the extent permitted by law, all terms, conditions or warranties that would be implied into these Terms and Conditions by law are excluded.
8.6 Nothing in this agreement is intended to have the effect of contracting out of any mandatory provisions of the Competition and Consumer Act 2010 (CCA).
9. Indemnity
9.1 Unless required by any law, including the Australian Consumer Law, the Participant indemnifies Jean for any loss (including but not limited to, indirect, special or consequential loss, loss of opportunity or loss of profits), expense, damage, medical condition (whether mental of physical), personal injury or death which is suffered or sustained in connection with the provision of the Services, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum extent allowable by law).
10. Intellectual Property Rights
10.1 The Participant agrees that Jean own the copyright and all other Intellectual Property Rights in everything she creates in connection to the provision of Services.
11. Licence to use images
11.1 The Participant agrees that Jean may use and grants a royalty free licence to Jean to use and publish, any images for advertising, website, blog, social media, magazine submissions, venue promotions and any other means of promotion.
11.2 The Participant waives any right to payment, royalties or any other consideration for the use of the images or other material described in clause 11.1.
11.3 If the Participant does not wish for their image to be published for marketing purposes, the Participant must inform Jean verbally or in writing in advance to request for the withdrawal of the published image or photo.
12. Confidential Information
12.1 The Participant agree to keep all Confidential Information confidential and must not disclose any of the Confidential Information to any third party except if required to make such disclosure by any court.
13. Privacy Policy
13.1 Jean’s website, social media, programs or software may store data outside Australia. All personal information derived from Australia will be treated in accordance with the Privacy Act 1988.
13.2 The Participant agree that Jean may collect, use or disclose personal information to third parties for the purpose of providing the Services, responding to queries, providing information about the Services, performing administrative and marketing operations, complying with legislative and regulatory requirements or as otherwise permitted or authorised by law, conducting market research, developing, establishing and administering arrangements with other entities in relation to the promotion, administration and use of Jean’s Services, and developing and identifying products and services that may interest the Participant.
13.3 If the Participant has any concern or complaint about how Jean have handled its personal information, it can make a complaint via Jean’s form or by emailing the complaint to Courage@JeanJingYinSum.com
13.4 If the Participant is not satisfied with how Jean managed its complaint, Consumer Affairs Victoria offers a free independent dispute resolution service.
14. Dispute Resolution
14.1 If a dispute arises, the Participant must give notice to Jean specifying the dispute.
14.2 If the dispute is not resolved within 7 days, the dispute must be referred to mediation at the Dispute Settlement Centre of Victoria. The mediation must be conducted in Victoria, Australia.
14. The costs of the mediation will be borne equally by Jean and the Participant.
14.4 If the dispute is not resolved within 14 days after mediation any Party may take legal proceedings to resolve the dispute.
14.5 No proceedings may be commenced in any court or tribunal by any party.
15. General
15.1 These terms and conditions and any Agreement to which they apply shall be governed by the laws of Victoria.
15.2 The Participant agrees that Jean may amend their general terms and conditions by written notification to the Participant and by updating on the Website. These changes shall be deemed to take effect from the date on which the Participant receive notification of such changes from Jean.
16. Notices
16.1 Any notices issued under this Agreement can be sent by any means of Electronic Communication to the other party.
16.2 A notice sent via Electronic Communication is deemed to be received 1 hour after the time sent (as recorded on the device from which the sender sent the message), unless the sender receives an automated message that the message has not been delivered.
17. Definitions
17.1 “Jean” means Jean Sum (ABN 40 282 544 269).
17.2 “Agreement” means the terms and conditions contained herein, together with any form completed by the customer, invoice or other document between Jean and the Participant, or amendments expressed to be supplemental to this Agreement.
17.3 “Electronic Communications” means any communication of information in the form of data, text or images via text message, WhatsApp, Facebook Messenger or email.
17.4 “Participant” means the individual person to whom the Services are provided to by Jean.
17.5 “Confidential Information" means all information about the parties, including:
i. any information created or arising from this Agreement;
ii. any information disclosed by the Participant to Jean prior to during the provision of the Services; or
iii. any information disclosed by any other Participant in the Biodanza sessions/workshops to the Participant or to Jean.
17.6 “GST” means Goods and Services Tax as defined within the ‘A New Tax System (Goods and Services Tax) Act 1999” (Cth).
17.7 “Goods” means all Services supplied by Jean to the Participant at the Participant’s request from time to time.
17.8 “Premises” means the premises nominated by Jean to conduct the Biodanza sessions/workshops from time to time.
17.9 “Fees” means the fee as stipulated on the Website.
17.10 “Services” means Biodanza sessions/workshops supplied by Jean to the Participant at the Participant’s request.
17.11 “Website” means www.jeanjingyinsum.com