HOLISTIC WELLNESS COMMUNITY MEMBER’S AGREEMENT and TERMS AND CONDITIONS “Activities” means all activities that are included in the Holistic Wellness Community. “CCA” means the Competition and Consumer Act 2010. “Damage” includes death, or a physical or mental injury of an individual (including the aggravation, acceleration, or recurrence of such an injury to the individual) as that term is defined in the CCA. Any data collected for marketing purposes from this membership will be strictly in accordance with the Privacy of Information Act.
HOLISTIC WELLNESS COMMUNITY’S GUARANTEE Holistic Wellness Community will provide members with at least 5 live classes, presentations, meditations or workshops per day and 1 interactive ‘Community Connection Hour'.
Holistic Wellness Community will record and store each of these classes for 1 week so that members can participate in classes at a time that is convenient for them.
Interactive classes, courses and workshops will incur an additional cost. Holistic Wellness Community will provide members with 50% discount on all interactive classes, courses and workshops.
Holistic Wellness Community will provide members with a member’s area where they can communicate with other members and facilitators.
Facilitators employed by Holistic Wellness Community will at all times be professional and will embody the 11 values of Holistic Wellness Community.
MEMBER’S GUARANTEE Members will take full responsibility for reliable internet access. Unreliable internet is not grounds for termination of this membership agreement.
All content on Holistic Wellness Community belongs to Holistic Wellness Community.
Members will not download, save or share any content from Holistic Wellness Community unless given specific instructions from facilitators.
Members will not be under the influence of alcohol or drugs when participating in interactive classes, presentations, meditations, circles and workshops.
Members will treat each other and facilitators with kindness and respect. Bullying and aggression will not be tolerated.
Members will respect and follow the 11 values of Holistic Wellness Community as follows;
· Peace & Harmony – Love is the way! We see each other and interact with each other from our heart space, creating and sustaining a community of peace and harmony.
· Connection – Connection is vital to our health and well-being! We connect by seeing, hearing and valuing each other without judgement.
· Authenticity – We all have different personalities, goals and purposes. By embracing these differences, we create a safe space and allow each person the freedom to show up as themselves.
· Kindness & Compassion – We all have unique struggles and challenges in life, so by treating each other with kindness and compassion, we create an environment where our members feel safe and nurtured.
· Inclusiveness – We build an inclusive culture by celebrating, honouring and embracing the diversity within our community. We welcome people from all walks of life, and nurture and protect those from marginalised demographics.
· Growth – We recognise growth as being fundamental to our development and well-being. We embrace the concept that life begins at the edge of your comfort zone and strive to be the best version of ourselves we can be.
· Sustainability –We promote sustainability by behaving in ways that are not harmful to ourselves, our community and our planet. This includes encouraging personal boundaries, engaging in non-violent communication and protecting Mother Earth; her forests, oceans, rivers, bushlands and creatures, large and small.
· Acceptance – We accept that we are all unique individuals with different perceptions and beliefs. We allow each other the space to express our differing opinions without judgement and ridicule. We understand that we can disagree and still treat each other with loving kindness and respect.
· Playfulness & Creativity – In a world where we often take our selves too seriously, we use playfulness and creativity to bring light and joy into our lives.
· Freedom – Freedom is fundamental to living our life’s purpose. We promote freedom by encouraging each other to place our individual callings and journeys above societal norms and expectations.
· Collaboration & Co-operation – We create unity by fostering collaboration and co-operation, understanding that we live in an abundant universe where there is enough for everyone.
WAIVERS Some activities are recreational and involve a significant degree of risk and exertion.
Members acknowledge that there are hazards and risks connected with physical classes and workshops. These risks include, but are not limited to, abnormal blood pressure, fainting, heart disorders and heart attack, dehydration, heat exhaustion, sprains, muscle strain, blisters, stress fracture, shin splints, tendonitis, cartilage tears, bursitis, back pain and bruising of joints.
Exercising beyond one physical limits and/or accidents involving exercise may result in serious injury or even death.
Members engage in these activities at their own risk.
Members acknowledge that some activities such as meditations and sound healings can involve emotional release. In some cases, this can lead to overwhelm, anxiety or panic attacks. Members engage in these activities at their own risk and take full responsibility for their mental health and will seek outside assistance in the event that they are struggling with their mental health.
Members acknowledge that Holistic Wellness Community facilitators are bound to report members to the relevant authorities if they believe the member is in danger of hurting themselves or another person.
Members acknowledge that this document represents a release and discharge from legal responsibility in favour of Carolyne Forte, Michelle Cherry and all persons associated with the Holistic Wellness Community. Members further agree to release the Holistic Wellness Community and its owners, employees, members and/or affiliates from any and all liability arising out of physical, mental or emotional injury to the member, and further agrees to defend, indemnify and hold the Holistic Wellness Community, its owners, employees, members and/or affiliates free and harmless from against the same.
This Agreement embodies the entire agreement and understanding of the parties with respect to the subject matter contained in this Agreement. There are no restrictions, promises, warranties, covenants or undertakings, other than those set forth or referred to in this Agreement. This Agreement supersedes all prior agreements and understandings between the parties with respect to each subject matter.
PAYMENT The agreement commences once payment has been accepted and membership approved. Members are entitled to all rights and privileges for the chosen and purchased type of membership. This agreement is non-transferable. All payment for membership is due in advance as follows:
· Annual membership: Payment in full before commencement of membership
· Weekly Direct Debit memberships: Advance payments starting on the day of membership commencement and continuing on the same day of each week.
These payments are non-refundable except in circumstances where:
· There has been a breach or negligence by Holistic Wellness Community or
· On the valid exercise of your statutory cancellation rights.
A minimum of 13 weekly payments are required before a 3-month contract may be terminated.
Once 13 weekly Direct Debit payments have been completed, a member can cancel automatic renewal payments in settings.
A member should not cancel their Direct Debit mandate with their bank until the final month’s payment has been drawn.
A minimum of 26 weekly payments are required before a 6-month contract may be terminated.
Once 26 weekly Direct Debit payments have been completed, a member can cancel automatic renewal payments in settings.
A member should not cancel their Direct Debit mandate with their bank until the final month’s payment has been drawn.
If a member fails to pay any amount due under this agreement for a period of more than 7 days, they will be denied access to the facilities until the amount due has been paid in full.
Debt collectors will be employed on behalf of the Holistic Wellness Community In the event that a member does not meet their financial obligation.
Members agree to promptly advise Holistic Wellness Community of any change to their membership details. Membership fees may be increased, subject to 30 days’ notice, at the discretion of Holistic Wellness Community.
For members under 18 only (third party payer) the agreement to pay is with the person who gives consent to the membership. This must be the same person who makes the payment in full or initial payment and subsequent payments. It is the person over 18 who agrees to these terms and conditions and pays the membership fee that will be responsible for any breach of these terms and conditions.
CANCELLATION If the Holistic Wellness Community is cancelled due to unforeseen circumstances, a pro rata refund will be issued to all patrons.
This agreement may be cancelled if Holistic Wellness Community is in breach of contract. This includes not providing services which may reasonably be expected by the member.
This agreement may be terminated if the member is in breach of contract. This includes not behaving in a way that is in line with the values of Holistic Wellness Community.
When a membership is terminated, all the privileges of membership will be forfeited with immediate effect, there will be no entitlement to refund of any monthly membership charges already paid. Each provision in this agreement is individually severable.
If any provision is or becomes illegal, unforeseeable or invalid it is to be treated as being severed from this agreement, but the rest of the agreement will not be affected.
This is the privacy notice of Holistic Wellness Community In this document, ““we”, “our”, or “us” refers to Holistic Wellness Community.
We are a partnership (Michelle Cherry and Carolyne Forte) registered in Australia. Our registered office is at 303 Gibbings Road, Coolup.
This privacy notice aims to inform you about how we collect and handle any information that we collect from you, or that you provide to us. It covers both information that could identify you (“personal information”) and information that could not.
We are extremely concerned to protect your privacy and confidentiality. We understand that all users of our web site are quite rightly concerned to know that their data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third party. Our policy is both specific and strict. It complies with Australian law [and with the laws of all jurisdictions of which we are aware]. If you think our policy falls short of your expectations or that we are failing to abide by our policy, do please tell us.
We regret that if there are one or more points below with which you are not happy, your only recourse is to leave our web site immediately.
Except as set out below, we do not share, or sell, or disclose to a third party, any personally identifiable information collected at this site.
Here is a list of the information we collect from you, either through our web site or because you give it to us in some other way, and why it is necessary to collect it:
1. Business and personal information
This includes basic identification and contact information, such as your name and contact details and also includes all information given to us in the course of your business and ours, such as information you give us in your capacity as our client. We undertake to preserve the confidentiality of the information and of the terms of our relationship. It is not used for any other purpose. We expect you to reciprocate this policy.
This information is used:
1.1. to provide you with the services which you request;
1.2. for verifying your identity for security purposes;
1.3. for marketing our services and products;
1.4. information which does not identify any individual may be used in a general way by us or third parties, to provide class information, for example relating to demographics or usage of a particular page or service.
We keep information, which forms part of our business record for a minimum of seven years. That is because we may need it in some way to support a claim or defence in court. That is also the period within which our tax collecting authorities may demand to know it.
2. Market place information
When we obtain information from you specifically to enable you to buy a service offered on our website by some other person, we assume that in giving us your information, you are also giving us permission to pass it to the relevant person.
3. Your domain name and e-mail address
This information is recognised by our servers and the pages that you visit are recorded. We shall not under any circumstances, divulge your e-mail address to any person who is not an employee or contractor of ours and who does not need to know, either generally or specifically. This information is used:
3.1. to correspond with you or deal with you as you expect;
3.2. in a collective way not referable to any particular individual, for the purpose of quality control and improvement of our website;
3.3. to send you news about the services to which you have signed up;
3.4. to tell you about other of our services or services of sister websites.
4. Website usage information
5. Financial information relating to your credit cards
This information is never taken by us either through our website or otherwise. At the point of payment, you are transferred to a secure page on the website of PayPal or some other reputable payment service provider. That page may be dressed in our “livery”, but it is not controlled by us. Our staff and contractors never have access to it.
6. Note on padlock symbols and other trust marks
Many companies offer certification and an icon or other small graphic to prove to website visitors that the site is safe. Some certify to a high level of safety. Others are more concerned to take our money than to provide a useful service. We do not handle information about your credit card so do not subscribe to any such service.
7. Information we obtain from third parties
Although we do not disclose your personal information to any third party (except as set out in this notice), we do receive data which is indirectly made up from your personal information, from software services such as Google Analytics and others. No such information is identifiable to you.
8. Content you provide to us with a view to be used by third party
If you provide information to us with a view to it being read, copied, downloaded, or used by other people, we accept no responsibility for what that third party may do with it. It is up to you to satisfy yourself about the privacy level of every person who might see your information. If it is available to the World, neither we nor you have no control whatever as to how it is used.
Cookies are small text files that are placed on your computer's hard drive through your web browser when you visit any web site. They are widely used to make websites work, or work more efficiently, as well as to provide information to the owners of the website.
Like all other users of cookies, we may request the return of information from your computer when your browser requests a web page from our server. Cookies enable our web server to identify you to us, and to track your actions and the pages you visit while you use our website. The cookies we use may last for a single visit to our website (they are deleted from your computer when you close your browser), or may remain on your computer until you delete them or until a defined period of time has passed.
9.2. to allow essential parts of our website to operate for you;
9.3. to operate our content management system;
9.4. to operate the online notification form - the form that you use to contact us for any reason. This cookie is set on your arrival at our website and deleted when you close your browser;
9.5. to enhance security on our contact form. It is set for use only through the contact form. This cookie is deleted when you close your browser;
9.6. to collect information about how visitors use our website. We use the information to improve your experience of our website and enable us to increase sales. This cookie collects information in an anonymous form, including the number of visitors to the website, where visitors have come to the website from, and the pages they visited;
9.7. to record that a user has viewed a webcast. It collects information in an anonymous form. This cookie expires when you close your browser;
9.8. to record your activity during a web cast. An example is as to whether you have asked a question or provided an opinion by ticking a box. This information is retained so that we can serve your information to you when you return to the website. This cookie will record an anonymous ID for each user, but it will not use the information for any other purpose. This cookie will last for [three] months, when it will be deleted automatically;
9.9. to store your personal information so that you do not have to provide it afresh when you visit the site next time. This cookie will last for  days;
9.10. to enable you to watch videos we have placed on YouTube. YouTube will not store personally identifiable cookie information when you use YouTube’s privacy-enhanced mode.
10. Sending a message us
When you send a message, we collect the data you have given to us in that message in order to obtain confirmation that you are entitled to receive the information and to provide to you the information you need. We record your request and our reply in order to increase the efficiency of our business / organisation. We do not keep any personally identifiable information associated with your message, such as your name or email address.
When we receive a complaint, we record all the information you have given to us. We use that information to resolve your complaint. If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.
We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.
12. Affiliate information
This is information given to us by you in your capacity as an affiliate of us or a customer or client of ours. Such information is retained for business use only. We undertake to preserve the confidentiality of the information and of the terms of our relationship. It is not used for any other purpose. We expect any affiliate to agree to reciprocate this policy. As an exception to this, we have the right to disclose your first name and URL of your affiliate connection to other affiliates and to any other person or organisation, on and off site. The reason is solely to enable us to mention winners and others whose performance as an affiliate is in some way outstanding.
13. Disclosure to Government and their agencies
We are subject to the law like everyone else. We may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.
14. Compliance with the law
15. Review or update personally identifiable information
At any time you may review or update the personally identifiable information that we hold about you, by contacting us at the address below. To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information.
16. Removal of your information
If you wish us to remove personally identifiable information from our website, you may contact us at firstname.lastname@example.org
17. Data may be processed outside Australia
Our website is hosted in Australia. We also use outsourced services in countries outside Australia from time to time in other aspects of our business. Accordingly, data obtained within Australia may be processed outside Australia and data obtained in any other country may be processed within or outside that country.
18. Complaints procedure
18.1. If you have a complaint about how we have collected or handled your personal information, please contact us. We will endeavour in the first instance to deal with your complaint and take action to resolve the matter.
18.2. If your complaint cannot be resolved at the first instance, we will ask you to lodge a formal complaint in writing, explaining the circumstances of the matter that you are complaining about, how you believe your privacy has been interfered with and how you believe your complaint should be resolved.
18.3. We will acknowledge receipt of your formal complaint and indicate the timeframe that you can expect a response. We will endeavour to resolve the complaint as quickly as possible, but if the matter is complex and our investigation may take longer, we will let you know when we expect to provide our response.
18.4. If you are unhappy with our response, you may refer your complaint to the Office of the Australian Information Commissioner.
How you can contact us
Sending a letter to us at:
Attn: Privacy Officer
303 Gibbings Road Coolup, 6214
OAIC contact details:
Officer of the Australian Information Commissioner (OAIC)
Now take me back where I was before reading this.