This website is operated by Be Well & Co Pty Ltd (ABN 28 648 517 962). Throughout the site, references to “we”, “us” and “our” are references to By Well & Co Pty Ltd (‘Find my om’).

We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Please read these Terms and Conditions (“Terms”) carefully before using this website, including accessing the public content of the website, making and managing bookings (collectively the “Services”).

These Terms apply to all visitors, users and others who wish to access or use the Services, including website visitors, customers, suppliers and/or content contributors. By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Services. To the extent that these Terms are an offer, acceptance of the offer is limited to the Terms specifically.

The headings used in these Terms are used for convenience only and will not limit or otherwise affect the scope of these Terms.

This page contains the most current version of the Terms. We reserve the right to vary or update these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

These terms are set out in three parts:

• Part 1 applies to all visitors to this website.
• Part 2 applies to customer, where ‘customer’ is a person who uses any part of our Services.
• Part 3 applies only to suppliers, where ‘supplier’ means a person who places any of their product or services on this website for booking.

PART I

1. GENERAL TERMS

• By agreeing to these Terms, you acknowledge and agree that
• you are 18 years of age and give us your consent to allow any of your minor dependents to use this website;
• you will not use our products or Services for any illegal or unauthorised purpose, or for in the process of violating any laws in your jurisdiction (including but not limited to copyright laws).
• you will not transmit any viruses, worms or code of a destructive nature on this website.
• you will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, your use of or access to the Services or any part of our website without express written permission by us.
  • A breach or violation of this Section 1 will result in an immediate termination of your Services.
  • We reserve the right to refuse service to anyone for any reason at any time.
  • The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
  • These Terms and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services. They supersede or replace any prior agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, prior versions of these Terms).
  • Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

2. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
   • We endeavour to provide accurate, complete and timely information at all times. However, that may not always be possible. Third parties may change or update the information they provide to us or we obtain from them from time to time.
   • Subject to law, including Australian Consumer Law, we are not responsible where the information made available on this website is not accurate, complete or current.
   • We reserve the right to modify the contents of this site at any time, including to correct inaccuracies or errors.
   • However, you acknowledge that we have no obligation to update, amend or clarify information on this Website or in relation to our Services, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on the website, should be taken to indicate that all information in the Service or on the website is accurate at the date and time of modification or update.

3. MODIFICATIONS TO SERVICES AND PRICES
   • Subject to law, including but not limited to Australian Consumer Law and any relevant anti-discrimination law, we reserve the right to:
     • Change or discontinue a Service (or any part thereof) without notice;
     • Refuse any order you place with us; or
     • limit or cancel the quantities purchased per person, per household or per order, including where multiple orders have been place by or under the same account, using the same credit card, and/or using the same billing or shipping address; and
     • limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
   • You acknowledge and agree that we are not liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

4. ACCURACY OF BILLING AND ACCOUNT INFORMATION
   • If we modify or cancel an order, we will attempt to notify you using the e-mail address, shipping address, billing address, and/or phone number you provided at the time the order was made.
   • You agree to provide the most current, complete and accurate contact details when making your purchases on our site. You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed.

5. OPTIONAL TOOLS AND THIRD-PARTY LINKS
   • We may provide you with access to third-party tools, links or materials over which we neither monitor nor have any control nor input.
   • You acknowledge and agree that we provide access to such tools, links or materials on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement as to their content, efficacy, accuracy or suitability for you.
   • Any use of or access to optional third-party tools, links and materials by you through our website is entirely at your own risk and discretion and subject to whatever terms and conditions or policies provided by the relevant third party.
   • We will not be liable for harm or damages arising out of your use of, access to, and/or purchase of optional third-party tools, links or materials.
   • Any complaints, claims, or questions regarding third-party tools, materials, products or services should be directed to the relevant third-party.

6. PRIVACY
   • This website and our Services to you are subject to our Privacy Policy, which is available here.

7. PROHIBITED USES
   • In addition to other prohibitions as set forth in these Terms, you are prohibited from using the site or its content:
     • for any unlawful purpose or in the commission of unlawful acts;
     • to solicit others to perform or participate in any unlawful acts;
     • to violate any federal or state law,
     • to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
     • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or to discriminate in breach of Australian law,
     • to submit fraudulent, misleading or deceptive information or make fraudulent, misleading or deceptive representations;
     • to upload or transmit viruses, bugs or any other type of malicious code;
     • to collect or track the personal information of others;
     • to spam, phish, pharm, pretext, spider, crawl, or scrape;
     • for any obscene or immoral purpose; or
     • to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
   • We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
   • Subject to the law, including Australian Consumer Law, we do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
   • We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
   • You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
   • In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
   • In no case shall we be liable for any costs incurred due to cancellation of events from either party as well as due to Acts of God such as natural disasters and other events outside human control.

9. INDEMNIFICATION
   • You agree to indemnify, defend and hold us harmless, including our parent, subsidiaries, affiliates, partners, officers, directors, agents, interns and employees, from any claim, demand or proceeding made by any third-party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third-party in your use of our Services or this Website.

10. SEVERABILITY
    • If any provision of these Terms is determined to be unlawful and consequently invalid, void or unenforceable, then:
      • where the offending provision can be read down to give it a valid and enforceable operation of a partial nature it must be read down to the extent necessary to achieve that result; and
      • in any other case the offending provision is to be severed from these Terms and the remaining provisions operate as if the severed provision had not been included.

11. TERMINATION
    • The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms.
    • Either party may terminate these Terms.
      • You may terminate these Terms by notifying us that you no longer wish to use our Services when you close your account or when you cease using our site.
      • If you fail or we reasonably suspect that you have failed to comply with any provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

12. GOVERNING LAW
    • These Terms shall be governed by and construed in accordance with the laws of NSW, Australia and you agree to submit to the jurisdiction of the courts and tribunals of NSW Australia.

PART II

13. PAYMENT
    • Where you make a booking through our website, you must elect:
      • To pay the deposit specified to secure your booking; or
      • To pay for your booking in full.
    • All bookings must be paid in full at least 30 days before the booking start date.
    • Where a booking is made less than 30 days before the booking start date, it must be paid in full at the time of booking.
    • We charge a reasonable payment processing fee of 2.5%.

14. TRAVEL REQUIREMENTS
    • Where you require a passport, visa, government permit or identification document to travel to your booking, you agree that you are solely responsible for meeting the relevant travel requirements and obtaining the necessary documentation for travel are valid and organized for foreign entry.
    • You acknowledge and agree that you have sole responsibility for ensuring that you are fit to travel and have the necessary vaccinations and/or health requirements to attend your booking.

15. CANCELLATION
    • We offer the following cancellation options:
      • Flexible Booking:
        • 100% refund of your deposit or payment when you cancel 30 or more days before your booking start date;
        • 50% refund of your deposit or payment when you cancel 15-29 days before your booking start date; and
        • No refund for cancellation 0-14 days before your booking start date.
      • Moderate Booking:
        • In respect of the deposit, no refund is possible. However, subject to the Supplier’s agreement, a credit will be offered for a future retreat, course or other product booked through us with the Supplier.
        • In respect of the balance of any payment (other than the deposit):
          • 100% refund when you cancel 60 or more days before your booking start date.
          • 50% refund when you cancel 30-59 days before your booking start date; and
          • No refund when you cancel 0-29 days before your booking start date.
        • Strict Booking: All deposits are non-refundable but the Supplier may offer you a credit for a future retreat or course.
        • Transferable Booking: a transferrable booking allows you to change your arrival date to a future date within 1 year of the original arrival date, dependent on the Supplier’s future availability. This request can only be made once per booking no later than 7 days before the original arrival date.
      • If a Force Majeur event prevents you from attending your booking, subject to a Supplier’s discretion and availability, you will be offered either a refund or a credit available for 12 months from the booking start date.
      • For the purposes of this clause, ‘Force Majeure’ means an act of God, transport accidents of any kind, war, riot or civil unrest of any kind, coup d’état, national emergency, martial law, fire (including bush fire), major weather events of any kind, earthquake, landslide, volcanic eruption or natural disasters of any kind, pandemic, quarantine, outbreaks of infectious disease or any other public health emergencies of any kind, radiation or contamination of any kind, labour strike, severe drought or major lack of availability of raw materials or energy beyond the control of the affected party.

16. DISPUTE RESOLUTION
    • Where a supplier and customer disputes a deposit, the parties agree to submit to the following process prior to any formal legal proceedings:
      • Both parties have 14 days to provide us with all the available evidence, including any cardholder bank records,
      • We will endeavour to make a decision on the dispute in seven days or as soon as reasonably practicable, having regard to the booking dates and demand;
      • Our decision is final; and
      • Where a refund is processed to the customer, we are not liable to the supplier for the amount and will invoice the supplier if the deposit is paid out. Failure to pay any invoice issued by us may result in the supplier’s products and services being removed from our website.

17. CONTACT INFORMATION
    • Questions about the Terms should be sent to us at our Contact page

PART III

18. PAYMENTS AND PAYOUTS
    • Subject to any special offers, incentives or discounts provided from time to time, we charge two types of payments – booking fee and administration fee.
      • Booking fee applies where a guest is referred to you from our website and completes a booking. The booking fee is 14% in AUD on the total booking amount you receive from a guest.
      • Administration fee applies where a guest is referred to us from your website and completes a booking with you using our website. The administration fee is 3% in AUD on the total booking amount you receive from a guest.
      • Both the booking fee and the administration fee are calculated based on the total package, including Commissionable Extras that are booked at the time of and/or after the initial booking.
    • Commissionable Extras include:
      • Airport transfers
      • Meals
      • Private Yoga Classes
      • 1:1 Coaching
      • Massages & spa treatments
      • Other types of 1:1 consultations
      • Surf lessons
      • Diving lessons
      • This list is subject to change at any time and without prior notice.
    • We retain our commission from the deposit or full amount, and the remaining balance is paid directly to you.
    • Once someone makes a remainder payment, we hold the money we receive in escrow until 30 days prior to the event start date. We then pay it out into your account on the next payment date.
    • Our payment dates are on the 1^st and 15^th of every calendar month.
    • Payouts are made via bank transfer.
    • Where a booking is paid in a different currency, the commission payable shall be based on the amount converted at the time of booking to AUD.

19.  BOOKING FEE FOR DIRECT BOOKINGS

• • Where we refer a booking to you via our website, and you process the payment directly with the customer (‘Direct Booking’), you agree to share with us the details of the booking.
  • Subject to any special offers, incentives or discounts provided from time to time, we charge a booking fee for Direct Bookings, which shall be calculated in accordance with clause 1.1(a).
  • Within 5 business days of the Direct Booking being made, we will send you an invoice for our commission payment. Invoices must be paid within ten business days.
  • Non-payment of commission may result in your products or services from being suspended or removed from our website.

20. CANCELLATION

• • Where you cancel a booking with a customer booked through our website, we will reimburse the customer the monies paid on our website within 14 days of the cancellation notification. You will be responsible to reimburse the remaining balance to the customer if any.
  • Transferable Booking: a transferrable booking allows the guest(s) to change their arrival date to a future date within 1 year of the original arrival date, dependent on your (the Supplier’s) future availability. This request can only be made once per booking no later than 7 days before the original arrival date.
    • You may opt in to offer Transferrable Booking to a customer on this website.
    • Where the pricing of a Transferrable Booking may be subject to change in accordance with seasonality or demand, you must communicate and confirm this with the guest(s).

21. PROMOTIONAL MATERIALS

• • By placing your products or services on our website, you grant us a license to use any promotional materials, including but not limited to photos and videos, which you send, upload, transmit or provide to us, for the purposes of promoting our website, the Services, and for promoting your products and services placed on our website.

22. FAIR PRICING

• • As a condition of the placement of your product or service on our website, the price you set for each product or service you place on our website will not be higher than the price you set for the equivalent product or service on your own website.
  • We reserve the right to remove your product or service from our website where you are found to be in breach of this clause

“She Rises” Retreat – Social Media Giveaway Terms & Condition

• For the purposes of these Terms and Conditions, “The Promoter” refers to **Find My Om** whose Instagram handle is @find_my_om. The “Prize” refers to **1 x Solo Queen Room to ‘She rises’ retreat from 17-22nd March 2023**.
• By entering the competition you agree to be bound by these terms and conditions. All entries must be received by **9am AEST** on **23/12/2022**. One (1) winner in Australia will be selected at random by The Promoter on **23/12/2022** and the winner will be notified on or after this date
• The Promotors competitions with entry via Instagram are open only to residents of Australia. One (1) winner will be chosen at random from all entrants and across all platforms.
• No purchase necessary. Winners will not be required to pay to enter the competition.
• Entrants must be over 18 years old on the date of their entry.
• Entrants must either be a female or the prize will have to be transferred to a female as it is a Women’s only retreat.
• Employees of The Promoter are not eligible to enter.
• Instagram or Facebook are not in any way affiliated or involved in the competition.
• Each entrant shall enter the competition via Instagram by liking and tagging 3 other Instagram users in the comments of the specified post by @find_my_om and following this Instagram profile as well as @surfaris_crescent_head
• The Prize will be awarded to a randomly selected winner who has entered on Instagram, using a random number generator. The Promoter will not be held liable if the named prize becomes unavailable or cannot be fulfilled.
• The Promoter will not be help liable for any failure of receipt of entries. The Promoter takes no responsibility for any entries which are lost, delayed, illegible, corrupted, damaged, incomplete or otherwise invalid.
• To the extent permitted by applicable law, The Promoter’s liability under or in connection with the competition or these terms and conditions shall be limited to the cost price of the Prize in question.
• To the extent permitted by applicable law, The Promoter shall not be liable under or in connection with these terms and conditions, the competition or any Prize for any indirect, special or consequential cost, expense, loss or damage suffered by a participant even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by the participant and the promoter and whether arising from breach of contract, tort, negligence, breach of statutory duty or otherwise.
• Prizes are non-negotiable and non-refundable. No cash alternative is available. Where a Prize becomes unavailable for any reason, ‘Surfaris Retreat’ reserves the right to give a credit for a Surfaris Retreat.
• The name, address, email address and phone number of the winner must be provided to The Promoter if requested and will be shared to enable fulfilment of the Prize.​
• In the event of unforeseen circumstances beyond The Promoter’s reasonable control, the promoter reserves the right to cancel, terminate, modify or suspend the competition or these terms and conditions, either in whole or in part, with or without notice.
• The Promoter’s decision is final. No correspondence will be entered into.
• The winner’s name and social media username will be posted on the social media profiles of The Promotor after the winner has been selected.