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WORLDWIDE RETREATS (PTY) LTD

TERMS AND CONDITIONS

USER

 

  1. INTERPRETATION
    • In these Terms:
      • clause headings are inserted for convenience and are not to be used for the purpose of interpretation;
      • unless the context indicates a contrary intention, an expression which denotes:
        • any gender includes the other genders;
        • a natural person includes a juristic person and vice versa;
        • the singular includes the plural and vice versa.
      • In these Terms, unless the context stipulates otherwise, the following words and expressions shall have the meanings assigned to them hereunder:
        • “Platform” means WWR’s website on which the Supplier can create an account and make available its Retreat to Users and Users can make reservations of the Supplier’s Retreat should they so wish;
        • “Retreat” means the experience which is offered to the User on the Platform in various forms including excursions which promote practices such as yoga and fasting and the promotion of well-being, health and spirituality;
        • “Supplier/s” means the party that offers its Retreat experience to Users on the Platform;
        • “Terms” means these Terms and Conditions, which may be amended and supplemented unilaterally by WWR from time to time;
        • “User” means the individual that makes use of the Platform and, should they wish, makes reservations in respect of the Supplier’s Retreat;
        • “WWR” means Worldwide Retreats (Pty) Ltd, a private company duly incorporated as such in terms of the company laws of South Africa.

 

    1. ACKNOWLEDGEMENT
      • By making use of the Platform, including by accessing the website or by booking a Retreat, the User acknowledges that it is bound by these Terms and shall not, under any circumstances, dispute this acknowledgment.
      • The User further acknowledges that WWR may, at any time and at its sole discretion, amend or supplement these Terms, the amended version of which will be available on the Platform. It will remain the responsibility of the User to acquaint itself with the updated Terms at all times and its failure to do so shall not, under any circumstances, entitle it to refute its liability and obligations under the Terms.
      • The User further acknowledges that WWR may unilaterally, at any time, modify and amend the Platform including the content of any Retreat displayed on the Platform, including the cost thereof, and the User acknowledges that WWR will not be liable for any modification, price amendment, suspension or any discontinuance of a Retreat or any other modification of the Platform in any manner whatsoever.

 

  1. USE OF THE PLATFORM
    • In using the Platform, the User may view and browse all Retreats offered by Suppliers and the User may make reservations in respect of such Retreats. The User accepts that the Retreats are provided by the Suppliers and not by WWR and WWR does not participate in the carrying out of the Retreats.
    • A booking made by way of the Platform by the User, which is accepted by the Supplier, creates a binding agreement between the User and the Supplier. The User accepts that the Supplier may request adherence to its own terms and conditions and / or may request the conclusion of a separate agreement with the Supplier. The User acknowledges that these separate terms and conditions and / or agreement are in addition to these Terms and, should there be a conflict, these Terms shall take precedence and prevail.
    • WWR reserves the right to limit or prohibit a User’s access and use of the Platform, in their sole discretion without the need to provide reasons.

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  2. PAYMENT
    • The cost of the various Retreats, reflected on the Platform, are convertible into the User’s selected currency, however, the User accepts that such converted price is merely indicative and that, when payment is made, the cost of the Retreat will be converted in real-time to the currency selected by the Supplier.
    • When making a reservation for a Retreat on the Platform, the User will be required to make payment of a 50% (fifty percent) deposit of the full sum payable in respect of the Retreat to WWR.
    • The User agrees that no reservation for a Retreat shall be confirmed until such time as payment for the deposit has been received by WWR.
    • 30 (Thirty) days prior to the commencement of the Retreat, the User will be required to make payment to WWR of the remaining 50% (fifty percent) of the amount payable. Should no such payment be received by WWR, WWR will entitled to cancel the User’s reservation and the 50% (fifty percent) deposit paid shall be forfeited to WWR.
    • The User agrees to provide current, complete and accurate payment information. Should it be necessary, the User agrees to update any such information in order to ensure it is accurate and complete.
    • All payment shall be made by way of electronic funds transfer.
    • The User agrees that WWR shall not be liable for any internet fraud or the interception of payments by any cause whatsoever which may occur and shall not be liable to reimburse the User by the amount that may be lost due to internet fraud or the interception of any payment for any reason whatsoever.

 

  1. CANCELLATION
    • Should the User cancel its reservation at the Retreat at least 30 (thirty) days prior to the commencement of such Retreat, the User will receive a full refund of all amounts paid.
    • Should the User cancel its reservation at the Retreat within 30 (thirty) days prior to the commencement of the Retreat, the User will forfeit all payments which have been made to WWR to date and will not be entitled to a refund.
    • Should the Retreat be cancelled by the Supplier, the User shall be entitled to a full refund of all amounts paid but the User accepts that WWR shall not be liable for any damages suffered by the User as a result of such cancellation.

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  2. WWR’S RIGHTS AND OBLIGATIONS
    • WWR will create and manage the Platform and, in this regard, reserves the right, at any time, to amended, develop, discontinue, change and update the Platform including the software, the design and any feature on such Platform.
    • WWR is not responsible for any content made available on the Platform in respect of any Retreat provided by Suppliers and WWR shall not be responsible for any inaccuracies in respect of the information relating to a Retreat. Should the User become aware of any content which is unlawful, the User shall immediately report such unlawful content to WWR.
    • WWR shall be entitled to suspend the operation of the Platform for any reason whatsoever including, but not limited to, repairs, maintenance, upgrades and shall not be liable for any such suspension or unavailability of the Platform.
    • The User accepts that WWR shall not be obliged to conduct any investigations into the Supplier and / or the Retreat which they provide and WWR shall therefore not be responsible or liable for any occurrence, act or failure to act which may occur at such Retreat.
    • WWR will not be liable for any loss or damage suffered by the User as a result of hacking or any form of internet fraud.
    • In the event that there is a dispute between the User and the Supplier, the User hereby releases WWR from any claims, demands and damages of any kind and nature arising out of or in connection with such dispute.
    • WWR will endeavour to ensure the accuracy of the information displayed on the Platform, however, should there be information which contains errors, inaccuracies or omissions, WWR reserves the right to correct or update this information without prior notice and WWR shall not be liable for any such error, inaccuracy or omission. The User relies on any information provided by the Supplier at its own risk.

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  3. USER’S RIGHTS AND OBLIGATIONS
    • When browsing or using the Platform, the User shall not use a device which contains viruses or any malicious software that can alter, damage, disable or interfere with the Platform.
    • The User shall not submit to appear on the Platform any review, comment or link or other material whatsoever that may reasonably be deemed to be offensive, illegal or inappropriate. Should such material be submitted, the User agrees that WWR may remove such material at its sole discretion.
    • Links to third party websites, including that of Suppliers, may appear on the Platform and the User accepts that such third party websites are not the responsibility of WWR and WWR accepts no responsibility for the content displayed therein. WWR are not responsible for evaluating the accuracy of such content.
    • The User shall not, after becoming aware of a Retreat on the Platform, approach the Supplier directly thereby circumventing WWR. Should the User be approached by a Supplier directly, the User is notify WWR thereof.

    4.  

  4. WARRANTIES
    • Except as expressly provided in these Terms, WWR makes no warranties of any kind whether express, implied, statutory or otherwise, including but not limited to any warranties of fitness for a particular purpose or accuracy of the information displayed on the Platform.
    • WWR does not warrant or guarantee that the Retreat shall lead to the successful achievement of any skill, level or experience.
    • The User accepts that it uses the Platform and attend any retreat displayed on the Platform at its own risk.
    • WWR shall not be liable for any direct, indirect or consequential loss, injury, damage suffered by the User whatsoever arising out of the User’s use and / or reliance on the Platform and the content therein.
    • The User warrants that:
      • it shall use the Platform solely under the conditions set out in these Terms;
      • it shall not supply any information on the Platform which is false and misleading.

 

  1. INTERNATIONAL TRAVEL
    • It shall remain the responsibility of the User to ensure all requirements of international travel including the acquisition of the necessary documents for foreign travel are obtained timeously and are valid. The User acknowledges that WWR does not assist with the acquisition of such documents and should it be determined that such documents are invalid or the User does not obtain the documents timeously, the User will not be entitled to a refund from WWR and / or the Supplier.
    • No refund will be granted to the User in the event that the User is flying to the destination of a Retreat and the flight is either delayed or cancelled for any reason whatsoever.
    • It shall remain the responsibility of the User to ensure that he / she consults his / her medical doctor prior to attending the Retreat and the User is to ensure that he / she obtains all or any inoculations or vaccinations which may be necessary given the destination of the Retreat. WWR shall not be liable for any injury, loss or damage suffered as a result of travelling to certain destinations and the User contracting any diseases.

 

  1. TERMINATION
    • WWR may, at its sole discretion, suspend the User’s access to the Platform or the User’s ability to browse the Platform and / or the use of any of its features and punctualities. In particular, this right will be invoked if:
      • The User fails to make payment for a Retreat;
      • WWR believes there has been fraudulent use, misuse or abuse of the Platform;
      • The User circumvents WWR and books a Retreat with the Supplier directly after learning of such Retreat by way of the Platform;
      • The User provides false, inaccurate or misleading information;
      • The User uploads or transmits, intentionally or unintentionally, a virus or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform or any other website;
      • the User breaches any provision of these Terms.
    • The User indemnifies WWR from all claims or demands submitted by a Supplier or a third party that relates to a reservation made by a User with the Supplier, as well as in relation to the payment of such reservation.

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  2. INTELLECTUAL PROPERTY RIGHTS
    • The intellectual property rights in connection with the Platform, including the design, look-and-feel, images, logo, texts, are held by WWR and no transfer of such rights is envisaged in these Terms.
    • The User agrees that any information provided to WWR including any reviews, ratings or other content, may be reproduced and uploaded on the Platform by WWR.

 

  1. PERSONAL INFORMATION
    • In order to use the Platform, the User warrants that he / she is legally capable of entering into a binding contract.
    • Whilst using the Platform, the User will provide accurate and complete personal information, including payment information, in order to make a booking of a Retreat. The User accepts that it shall be his / her sole responsibility to ensure the provision of accurate and complete information.
    • The User warrants that he / she shall promptly notify WWR in the event of any change to such information.
    • The User accepts that WWR shall not be liable for any damages incurred by the User due to the processing of personal information by the Supplier.
    • The User accepts that any information supplied by the User to WWR may be provided to the Supplier.

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  2. GENERAL
    • Should the Supplier conclude any further agreement with the User or have its own terms and conditions, and should there be a conflict between these Terms and this other agreement or other terms and conditions, the User agrees that these Terms shall take precedence and apply.
    • If at any time any provision of these Terms is or becomes illegal, void or invalid for any reason whatsoever, such invalidity shall not affect the validity of the remainder of the provisions of these Terms.
    • These Terms and the use of the Platform are governed by South African law.
    • The User and WWR hereby consent and submit to the jurisdiction of the Western Cape High Court, Cape Town, South Africa, in respect of any litigation arising hereunder.
    • No relaxation or indulgence which WWR may show to the User shall in any way prejudice or be deemed to be a waiver of its rights under these Terms.
    • These Terms represent the entire agreement between WWR and the User and shall supersede any other agreement and WWR shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded in these Terms.
    • WWR may, upon prior notice, transfer rights and obligations arising from these Terms to third parties. The User shall not be entitled to transfer any rights or obligations arising from these Terms or from any booking made through the Platform without the prior written consent of WWR.
    • Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.