Definitions

In these Terms and Conditions, the following terms have the following meanings:

Day means a business day (other than weekends or public holidays).

Fee means 

1. (in the case of a Participant) the fee that the Participant pays to participate in a Program; or

2. (in the case of a Host) the fee that the Host pays to host a Program.

Host means a school, community body or other entity which has paid the Fee to host a Program.

Ohana Movement means [Family Movement.]
Our, We and Us means Ohana Movement as the context requires.

Participant means an individual who has enrolled to participate in a Program hosted by a Host.

Program means [a 5-week community program supporting physical wellbeing, mental health and intergenerational relationships through movement, mindfulness and mentorship to develop physical wellbeing, mental health and family relationships.]

Terms and Conditions means these terms and conditions.

Website means the website of Ohana Movement with the URL of [www.ohanamovement.com.au]

You and Your means either a Participant or a Host as the context requires.

General Terms and Conditions

These terms and conditions are the entire terms and conditions governing participation by either Host or a Participant in a Program. They may be varied from time to time at our sole discretion.

If any provision of these terms and conditions are determined to be invalid, unenforceable, illegal, or void for any reason, then such provision shall be deleted or read down to the extent necessary to overcome the difficulty and the remaining terms and conditions shall be valid and enforceable.

Code of Conduct

A Program will present opportunities to learn, share knowledge and network. We believe the event should represent a safe, enjoyable and inclusive environment for all people, irrespective of gender, race, ethnicity, age, sexuality, religion, disability, socio-economic background, experience, size, shape and so on.

No one should be subject to any harassment, bullying or abuse. Any such behaviour will not be tolerated and we will take such action as we deem necessary to ensure it does not reoccur. This may include immediate removal from the Program and, at our sole discretion, a prohibition from attending future events held by Ohana. 

Governing Law

These terms and conditions shall be governed by the law of the state of Victoria, Australia and all parties submit to the non-exclusive jurisdiction of the courts of Victoria and Australia.

A waiver by Us of any breach by You of these terms shall not be deemed to be a waiver of any subsequent breach.

Force Majeure

Ohana shall not be responsible for any failure on its part to perform its obligations under these terms and conditions if such failure is due to an event of Force Majeure.

Registration

By completing our registration process to become either a Host or a Participant you:-

1. Acknowledge that you have read and agree to be bound by these terms and conditions; and

2. You promise that all of the registration information you provide about yourself is true, accurate, complete and up to date and that you will advise Ohana if any of your registration details change.

Digital Media

Ohana reserves the right to use any photographs, digital images or film taken at Programs or events for the purposes of advertising, publicity, marketing or promotion. Unless written advice is received by Ohana indicating that Participants do not wish to appear in such material then Ohana may use this material as described.

Program Cancellation and Refund Policy

Cancellation by Participant

In the event that 

1. a Participant has paid the Fee to participate in a Program; and

2. the Participant is unable to participate in the Program as scheduled; then the Participant may request to participate in a future Program for any Program sessions that the Participant has been unable to attend in the original program.

Cancellation by Host

Cancellation by Host no later than 14 days

In the event that 

1. a Host has paid the Fee to host a Program; and

2. the Host is unable to host the Program as scheduled; then where the Host notifies Ohana in writing no later than 14 Days before the scheduled Program date of the Host

1. Ohana and Host will attempt to reschedule the Program to a mutually agreeable future date to commence within 3 months of the original program data; or

2. Where the parties are not able to agree a mutually agreeable future date for the Program then the Host may make a request in writing for a refund of the Fee paid by the Host.

Refunds in the event of Cancellation by Host no later than 14 days

Where a cancellation is agreed pursuant to this clause then Host will pay a fee equivalent to

1. 20% of the Fee paid by the Host together with

2. any refunds that Ohana may have to pay to Participants as a result of the Host’s cancellation of Program.

Ohana, at its sole discretion, may deduct any cancellation fees from any Fees paid by the Host prior to remittance of the refund to the Host.

Cancellation by Host within 14 days

Where Host notifies Ohana in writing within 14 Days before the scheduled Program date then Ohana and Host will attempt to reschedule the Program to a mutually agreeable future date to commence within 3 months of the original program date.

Refunds in the event of Cancellation by Host within 14 days

Host agrees that no refund will be issued where Host notifies Ohana in writing of the Program cancellation within 14 days of the Program’s scheduled start date.

Cancellation by Ohana

If any circumstance other than an event of Force Majeure changes, impacts or prevents Ohana’s ability to provide the face to face engagement in the Program as scheduled that are reasonably outside of our control, Ohana will, on a best endeavors basis, seek to provide a rescheduling of the Program to commence within 3 months of the original program date. 

If a rescheduling of the Program is not possible then the Host and Participants will be refunded in full. We reserve at all times the right to reduce or waive any Fees at our sole discretion.

Notices and Requests

All requests and notices must be in writing and addressed to [rebeccagrant@rebeccagrant.com.au]

Privacy Policy

We are committed to protecting your privacy as a Participant, as a Host and as an online visitor to our website. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our privacy policy below carefully.

Information We Collect from You

In the course of your visits to our website or use of our products and services, we may obtain the following information about you: name, company name, email address, telephone number, credit card details, billing address, geographic location, IP address, survey responses, support queries, blog comments and social media handles (together ‘Personal Information’).

Our services may involve the collection of Personal Information from persons aged under 18 years. For these individuals it is strongly advised that a parent or guardian be consulted prior to this occurring. If you are the parent or guardian of a child and you believe they have provided us with Personal Information without your consent, then please contact us.

You can review, correct, update or delete your Personal Information by contacting us directly to do so.

How we use your information

Personally Identifiable Information: We use the information we collect to deliver our services to you, including communicating with you, providing technical support, notifying you of updates and offers, sharing useful content, measuring customer satisfaction, diagnosing problems and providing you with a personalised website experience.

Marketing communications are only sent to you if you have requested or subscribed to them. You can opt out of our marketing communications at any time by unsubscribing or emailing us and your request will be actioned immediately.

Non-Personally Identifiable Information: We also use the information we collect in aggregated and anonymized forms to improve our services, including administering our website, producing reports and analytics, advertising our products and services, identifying user demands and assisting in meeting customer needs generally.

Any information you choose to make publicly available, such as blog comments and testimonials on our website, will be available for others to see. If you subsequently remove this information, copies may remain viewable in cached and archived pages on other websites or if others have copied or saved the information.

Storage and Security of Your Information

We will use all reasonable means to protect the confidentiality of your Personal Information while in our possession or control. 

We retain your personal information for as long as needed to provide services to you and as otherwise necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

In the event there is a breach of our security and your Personal Information is compromised, we will promptly notify you in compliance with the applicable law.

Cookies and Pixels

A cookie is a small file placed in your web browser that collects information about your web browsing behaviour. Use of cookies allows a website to tailor its configuration to your needs and preferences. Cookies do not access information stored on your computer or any Personal Information (e.g. name, address, email address or telephone number). Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. This may, however, prevent you from taking full advantage of our website. 

Our website uses cookies to analyse website traffic, provide social media sharing and liking functionality and help us provide a better website visitor experience. In addition, cookies and pixels may be used to serve relevant ads to website visitors through third party services such as Google AdWords and Facebook Adverts. These ads may appear on this website or other websites you visit.

Sharing Your Information with Third Parties

We do not and will not sell or deal in Personal Information or any customer information. Your Personal Information details are only disclosed to third party suppliers when it is required by law, for goods or services which you have purchased, for payment processing or to protect our copyright, trademarks and other legal rights.

To the extent that we do share your Personal Information with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy and in accordance with applicable law.

Our contracts with third parties prohibit them from using any of your Personal Information for any purpose other than that for which it was shared.

Disclosure of Your Information

We may from time to time need to disclose certain information, which may include your Personal Information, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, we may use your Personal Information to protect the rights, property or safety of Ohana, our customers or third parties.

If there is a change of control in one of our businesses (whether by merger, sale, transfer of assets or otherwise) customer information, which may include your Personal Information, could be transferred to a purchaser under a confidentiality agreement. We would only disclose your Personal Information in good faith and where required by any of the above circumstances.

Links to Other Websites

This website may contain links to other websites. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personally identifiable information. This privacy policy applies solely to information collected by this website.

Change in Privacy Policy

As we plan to ensure our privacy policy remains current, this policy is subject to change. We may modify this policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on this website. Please return periodically to review our privacy policy.

Participants Participation Liability

In the course of engaging in a Program, if you, in the capacity of Participant, are killed or injured, we will not be liable except to the extent caused by our gross negligence. In this paragraph gross negligence, in relation to an act or omission, means that the act was done or omitted to be done with reckless disregard, with or without consciousness, for the consequences of the act or omission

Please refer to the warning notice below which we are required to provide to you if you are in Victoria under the Fair-Trading Act 1999 (Victoria) in relation to this limitation on our liability.

Warning under the Fair Trading Act (1999)

Under the provisions of the Fair Trading Act (1999) several conditions are implied into contracts for the supply of certain goods and services.

These conditions mean that Ohana

1. is required to ensure that the recreational services it supplies to you are rendered with due care and skill; and

2. as fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances; and

3. reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the supplier.

Under section 32N of the Fair Trading Act 1999, the supplier is entitled to ask you to agree that these conditions do not apply to you. If you participate in a Program as a Participant you will be agreeing that your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the services were not rendered with due care and skill or they were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in this form.

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. “Gross negligence” is defined in the Fair Trading (Recreational Services) Regulations 2004.

Date of these Terms and Conditions

These Terms and Conditions are current as at August 2022.