Terms and Conditions
TERMS AND CONDITIONS
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ACCEPTANCE
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These Terms are between THOSE2SISTERS PTY LTD ABN 37 669 133 680, its successors and assignees, (referred to as “we”, “us”, “our” or “Company”), and you the person, organisation or entity described in the Proposal (referred to as “you” or “your”), and collectively the Parties. These Terms apply to all Offerings provided by us to you.
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You have requested the Offerings set out in the attached Proposal (Offerings). You agree and accept that these Terms and Conditions (Terms) form the agreement (Agreement) under which we will supply Offerings to you for the Term. Please read the Terms carefully. Please contact us if you have any questions.
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You accept this Agreement by:
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accepting this Agreement electronically;
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confirming in writing including by email that you accept the Proposal;
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participating in the Offerings; and/or
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making part or full payment for the Offerings.
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OUR SERVICES
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If set out in the Proposal, we will not allow you to participate in our Offerings until you have paid the first instalment of our Fees.
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The Term of the Offerings will commence on the date of acceptance as per clause 1.3 and is ongoing until terminated in accordance with these Terms, upon expiration of the Minimum Term (where applicable).
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Minimum Term: The Minimum Term for Offerings is set out in the Proposal. Any cancellation prior to this will incur fees for the duration of the Minimum Term, unless otherwise agreed between Parties. Following completion of the Minimum Term, you may terminate this Agreement in accordance with clause 9.
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Refunds: to the extent permitted by law, we do not offer refunds of any kind for Offerings performed, unless otherwise agreed between Parties.
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We agree to perform the Offerings set out in the Proposal with due care and skill for the Term.
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We may refer you to a GP or mental health professional and suspend Offerings until we feel reasonably necessary in our sole discretion.
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Where the Offerings include participating in one of our retreats, you must:
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enter into a separate retreat agreement with us; and
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complete the Minimum Term.
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YOUR COMMITMENT TO US
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You warrant that throughout the term of this Agreement that:
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you will actively participate and engage in the Offerings;
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where sessions are being held live, if you miss any live sessions, it is your responsibility to catch up on the recording of the missed sessions;
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where sessions are being held live, your involvement and collaboration throughout the sessions may be recorded and accessible by other participants in the sessions. Please notify us in writing prior to the commencement of Service date if you do not wish for your participation and collaboration to be shared with others. By not providing such notification, you grant us permission to use any images or videos captured;
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the Offerings are developed and implemented in partnership between Parties;
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there are no legal restrictions preventing you from agreeing the Terms;
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you will cooperate with us and provide us with information and comply with requirements in a timely manner, as requested by us from time to time, that are reasonably necessary to enable us to perform the Offerings;
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you will not infringe any third-party rights in working with us and receiving the Offerings;
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you will inform us if you have reasonable concerns relating to our provision of Offerings under the Terms, with the aim that we and you will use all reasonable efforts to resolve the concerns; and
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you are responsible for obtaining any consents, and permissions from other parties necessary for the Offerings to be provided, and for providing us with the necessary consents and permissions.
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You warrant that you will not canvass, employ, induce or attempt to employ, induce, solicit or entice away from us, any employee or contractor that was employed by or contracted to us during the term that we provide Offerings to you or the prior twelve (12) month period.
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PRICE, INVOICING AND PAYMENT
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You agree to pay the amounts set out in the Proposal. All amounts are stated in Australian dollars. All amounts include Australian GST (where applicable).
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Our Fees are payable in monthly instalments to be paid in advance prior to commencement of the Offerings and on the same day each calendar month.
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We may use third-party payment providers (Payment Providers) to collect payment of the Fees. The processing of payments by the Payment Provider will be, in addition to the Fees, subject to the terms and conditions and privacy policies of the Payment Provider. We are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct the Payment Provider to correct, any errors or mistakes in collecting any Fees.
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Payment may be made by way of our Payment Providers or other payment methods as set out in our Quote when purchasing our Offerings.
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Where applicable, you agree to pay our Invoices by the payment date set out on the Invoice. If you do not pay by the payment date (including any other services we have provided to you), we may cease to provide the Offerings to you until we receive payment.
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In addition to our Fees, you agree to reimburse us for any additional expenses incurred due to incorrect payments or card failures. This includes, but is not limited to, bank fees, administrative costs, and any related charges imposed by any Payment Providers.
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We may charge interest at a rate equal to the Reserve Bank of Australia’s cash rate from time to time plus 8% per annum, calculated daily and compounding monthly, on any amounts unpaid after the payment date.
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If invoices are unpaid after the payment date, we reserve the right to take steps to recover any outstanding professional fees and outlays owing to us. In the event of non-payment, we have the right to engage debt collection services for the collection of unpaid debts, the right to commence legal proceedings for any outstanding amounts owed to us and the right to take any other adverse action against you as we consider appropriate. If any action is required to recover amounts owing to us (including without limitation issuing and receiving any correspondence, commencing court proceedings, taking enforcement action and so on), you acknowledge and agree that you are liable for and must pay all costs including without limitation debt collection, commission, charges, costs and any out-of-pocket expenses (including all legal costs and legal fees on an indemnity basis and all fees charged by counsel).You agree to indemnify us against any costs we may incur in recovering payment of any unpaid invoices.
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We reserve the right to report bad debts to independent credit data agencies.
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Upon completion of the Minimum Term, our pricing structure, payment methods and these Terms may be amended from time to time in our discretion. The pricing changes will apply to you for services provided to you after the date of the change and in any event no earlier than the date that the amended or new Terms are provided to you, or if you enter into a new agreement, whichever is earlier. After a pricing change, you have the choice to continue using the Offerings, or to cease to use the Offerings without penalty.
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VARIATIONS
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Our Offerings cover the scope set out in the Proposal.
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If during the course of our engagement there are changes in the specifications of the Offerings, the changes will be treated as a Variation.
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Where a Variation occurs, we reserve the right to suspend the services and review the Service Fees.
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We have discretion as to whether we perform this work and whether an adjustment to the Fee may be required in respect of the same, or if we are unable to accommodate for such Variation, we may request that we be paid for Offerings performed to date and terminate this Agreement.
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If we agree to perform any Variation, then we will inform you of the additional costing (Variation Fee). You need to approve, in writing, the Variation and Variation Fee, before we commence services. We will invoice you accordingly for the Variation upon receipt of your approval.
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OUR INTELLECTUAL PROPERTY
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We own the Intellectual Property rights in:
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our pre-existing Intellectual Property, including but not limited to copyright which subsists in all creative and literary works incorporated into our pre-existing Intellectual Property; and
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intellectual Property that we create during the course of the Offerings, including but not limited to copyright which subsists in all creative and literary works in all Intellectual Property that we create during the course of the Offerings;
unless we assign or transfer this to you. This Intellectual Property is protected by Australian and international laws.
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Nothing in these Terms constitutes an assignment or transfer of our Intellectual Property rights, or a right to use our Intellectual Property, whether registered or unregistered, except as stated in these Terms or with our written permission.
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You must not breach our Intellectual Property rights by, including but not limited to:
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altering or modifying our Intellectual Property;
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creating derivative works from the Intellectual Property; or
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using our Intellectual Property for commercial purposes such as on-sale to third parties.
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This clause will survive the termination of these Terms.
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FEEDBACK AND DISPUTE RESOLUTION
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Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our Offerings, please contact us.
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If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:
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The complaining Party must tell the other Party in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet (virtually) in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
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If the Parties cannot agree how to resolve the dispute at that initial meeting, any Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, the complaining Party will ask the Law Society of Queensland to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute and will be equally responsible for the costs of the mediator.
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Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.
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CONFIDENTIAL INFORMATION
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We, including our employees and contractors, agree not to disclose your Confidential Information to any third party (other than where necessary, to third party suppliers, or as required by law); to use all reasonable endeavours to protect your Confidential Information from any unauthorised disclosure; and only to use your Confidential Information for the purpose for which it was disclosed by you, and not for any other purpose.
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You, including your employees and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect our Confidential Information from any unauthorised disclosure; and only to use our Confidential Information for the purpose for which it was disclosed or provided by us to you, to provide better quality services to you and not for any other purpose.
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These obligations do not apply to Confidential Information that:
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is authorised to be disclosed;
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is in the public domain and/or is no longer confidential, except as a result of a breach of these Terms;
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is received from a third party, except where there has been a breach of confidence; or
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must be disclosed by law or by a regulatory authority including under subpoena.
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This clause will survive the termination of these Terms.
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TERMINATION
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Termination without cause: Upon completion of the Minimum Term, you may terminate these Terms without cause by providing notice, in writing (including by email). The Offerings and Fees will terminate on completion of the then current billing cycle. We will not pay any charge back amount for the remainder of the billing cycle, and you will have full access to the Offerings for the remainder of the then current billing cycle.
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If either Party commits a remediable breach of these Terms and does not remedy the breach at its cost within a reasonable time after receiving written notice of the breach from the other Party, then the Parties agree to engage in the dispute resolution process set out in clause 7.2 in the first instance. If the dispute is not resolved after following that process, then either Party may terminate these Terms at any time upon written notice to the other Party.
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We may terminate these Terms immediately upon written notice to you, if:
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you commit a non-remediable breach of these Terms;
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you fail to provide us with clear or timely instructions to enable us to provide the Offerings;
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for any other reason outside our control which has the effect of compromising our ability to perform the Offerings within the required timeframe; or
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you fail to pay an invoice by the due date.
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You may terminate these Terms immediately upon written notice to us if we commit a non-remediable breach of these Terms.
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To the extent permitted by law, on termination of these Terms in accordance with clause 9.3 or clause 9.4 you agree that any payments made are not refundable to you to the extent of all Offerings provided prior to termination, including Offerings which have been performed and have not yet been invoiced to you.
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If you terminate this Agreement, you must pay for all Offerings provided prior to termination (and until completion of the then current billing cycle if applicable), including any Offerings which have been performed and have not yet been billed to you.
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On termination of these Terms, you agree to promptly return (where possible), or delete or destroy (where not possible to return), our Confidential Information and Intellectual Property, and/or documents containing or relating to our Confidential Information and Intellectual Property.
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On termination of these Terms, we agree to promptly return (where possible), or delete or destroy (where not possible to return), your Confidential Information and Intellectual Property, and/or documents containing or relating to your Confidential Information and Intellectual Property.
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On completion of the Offerings, we will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to the Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.
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The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.
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CONSUMER LAW, LIMITATION OF LIABILITY AND DISCLAIMERS
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Service Standard: We will provide the Offerings with due care and skill, the Offerings will be fit for the purpose that we advertise, and we will supply the Offerings within a reasonable time.
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ACL: Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Offerings by us to you which cannot be excluded, restricted or modified (Statutory Rights).
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Statutory Rights: Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for the Offerings is governed solely by the ACL and these Terms.
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Warranties: Except for your Statutory Rights, we exclude all express and implied warranties representations and guarantees and all material and work is provided to you without warranties, representations and guarantees of any kind.
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Delay: Where the provision of Offerings depends on your information or response, we have no liability for a failure to perform the Offerings, where it is affected by your delay in response or supply of incomplete or incorrect information.
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Referrals: We may provide you with contact details of third party specialists. This is not a recommendation by us for you to seek their advice or to use their services. We make no representation or warranty about the third party advice or provision of services, and we disclaim all responsibility and liability for the third party advice or provision of services, or their failure to advise or provide services.
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Availability: To the extent permitted by law, we exclude liability for:
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the Offerings being unavailable; and
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any Claims for loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation or any loss or damage relating to business interruption or otherwise, suffered by you or made against you, arising out of or in connection with your inability to access or use the Offerings or the late supply of Offerings, even if we were expressly advised of the likelihood of such loss or damage.
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Disclaimers: To the extent permitted by law we disclaim all responsibility and liability for:
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any time lost as a result of you entering the session late;
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any errors or omissions in the program materials;
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products or services you purchase from a third party;
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any inaccurate or misleading information provided during the Offerings and any reliance by you on any such information;
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any technical difficulties that may affect the online sessions and/or recordings;
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any lost or corrupted recordings. We recommend that you also take notes during the live sessions;
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any indirect, special or Consequential Loss arising from any breach of these Terms;
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any direct or indirect Loss from your participation in the Offerings; and
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results experienced by each client may significantly vary.
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Limitation: To the extent permitted by law, our total liability arising out of or in connection with the Offerings, however arising, including under contract, tort including negligence, in equity, under statute or otherwise, is limited to us re-supplying the Offerings to you, or, at our option, us refunding to you the amount you have paid us for the Offerings to which your claim relates. Our total liability to you for all damages in connection with the Offerings will not exceed the price paid by you under these Terms and pursuant to the Proposal for the 12-month period prior to the act which gave rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made.
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This clause will survive the termination of these Terms.
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INDEMNITY
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You are liable for and agree to indemnify, defend and hold us harmless for and against any and all Claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
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any information provided by you to us that was not accurate, up to date or complete or was misleading or a misrepresentation;
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your breach of these Terms;
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any misuse of the Offerings by you, your employees, contractors or agents; and
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your breach of any law or third party rights.
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We are liable for and agree to indemnify, defend and hold harmless for and against any and all Claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
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any information provided to you by us that was not accurate, up to date or complete or was misleading or a representation;
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our breach of these Terms;
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any defect or omission in the Offerings from or by us, our employees, contractors or agents;
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our breach of any law or third party rights in connection with our provision of the Offerings to you.
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The Parties agree to co-operate with each other (at their own expense) in the handling of disputes, complaints, investigations or litigation that arises as a result of these Terms.
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GENERAL
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Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
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Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
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GST: If and when applicable, GST or other foreign equivalent payable on our Offerings will be set out on our Invoices. By accepting these Terms, you agree to pay us an amount equivalent to the GST or other foreign equivalent imposed on these charges.
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Relationship of parties: These Terms are not intended to create a relationship between the Parties of partnership, joint venture, employer-employee or psychologist-patient.
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Assignment: The Terms are personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent not to be unreasonably withheld).
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Severance: To the extent permitted by law, if any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.
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Force Majeure: Neither Party will be liable for any delay or failure to perform its obligations under these Terms if such delay is due to any circumstance beyond their reasonable control.
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Jurisdiction & Applicable Law: These terms are governed by the laws of Queensland and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland.
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Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
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DEFINITIONS
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Claim means any actual, contingent, present or future claim, demand, action, suit or proceeding for any Liability, restitution, equitable compensation, account, injunctive relief, specific performance or any other remedy of whatever nature and however arising, whether direct or indirect, and whether in contract, tort (including but not limited to negligence) or otherwise.
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Confidential Information includes confidential information about the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as "confidential".
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Consequential Loss means any loss of actual or anticipated profits, revenue, savings, production, business, opportunity, goodwill, reputation, publicity, date or use.
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Fees are set out in the Proposal.
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GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations, or other foreign equivalent.
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Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names.
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Laws means acts, ordinances, regulations, rules, code and by-laws of the Commonwealth or any state or territory.
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Liability means any loss, liability, cost, payment, damages, debt or expense (including but not limited to reasonable legal fees).
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Minimum Term means the minimum term set out in the Proposal.
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Offerings are set out in the Proposal.
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Proposal means the proposal to which these Terms form part of.
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Term means the term set out in the Proposal.
Conditions – Competitions and Giveaways
By entering any competition, giveaway, or promotion run by Those2Sisters, you agree to the following terms and conditions:
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Email Marketing Consent
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By submitting your details, you agree to be added to the Those2Sisters database.
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You consent to receive email marketing communications including newsletters, promotional offers, and updates from Those2Sisters.
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You may unsubscribe at any time by clicking the unsubscribe link provided in our emails.
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Retreat Giveaway Conditions
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Retreat prizes are offered at the sole discretion of Those2Sisters.
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The specific retreat, location, dates, and room or bedroom option available will be determined by Those2Sisters.
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Retreat prizes are not transferable to other retreats, services, or products.
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Travel, insurance, and other associated costs are the responsibility of the winner unless otherwise stated.
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General Conditions
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Entrants must be 18 years or older unless otherwise specified.
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Those2Sisters reserves the right to amend, suspend, or cancel promotions at any time.
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No cash alternative will be provided in place of retreat prizes or other offerings.
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By entering, you confirm you have read and agreed to these terms.
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Latest Update: September 12, 2025