1.1 In these Terms:
(a) Agreement means any order or booking relating to our Subscriptions or Retreats, together with these Terms.
(b) Customer or You means the person purchasing the Subscriptions or Retreats.
(c) Goods means goods you purchase via the Website.
(d) Retreats means the retreat experiences available for purchase on the Website.
(e) Subscriptions means the online courses and membership subscriptions available for purchase on the Website.
(f) Seller, We or Us means Caroline Nixon trading as Wicked Wellbeing and her successors and assigns.
(g) Terms means these Terms and Conditions of Sale.
(h) Website means the www.wickedwellbeing.com website operated by us or, as appropriate, our page on Kajabi.com.
2.1 Orders for Goods, Subscriptions or Retreat bookings are placed via the Website.
2.2 Each order accepted by us will constitute a separate contract on the terms of this Agreement.
2.3 Prices stated on the Website include Goods and Services Tax.
2.4 Price Variations: We reserve the right to vary prices and will endeavour to notify you of increases to Subscriptions at least 30 days before they take effect. If you do not wish to renew after a Price increase you may cancel in accordance with clause 4.1. We also reserve the right to offer lower prices to new customers only.
3.1 Website payments: Payments you make via the Website are processed either by Stripe and its global affiliates (“Stripe”) or PayPal and its global affiliates (“PayPal”).
3.2 If you pay by credit card, you agree to indemnify us against any default by your credit card company to make payment to us in full. This includes where chargebacks are applied to your payment.
3.3 Deposits: Retreat bookings are subject to a non-refundable deposit of $250.
3.4 Instalment payments: Where we have agreed that you may pay the Price in instalments you must complete payment of all instalments. In the case of Retreats, if you miss any instalment payment we have the right to cancel your booking and retain any deposit you have paid in accordance with clause 2.
3.5 Defaults: In cases where we provide you with credit, if you fail to make payment in full of any amount payable pursuant to this Agreement on the due date that will constitute a default. In cases of default and without prejudice to any of our other rights or remedies, simple interest at 1.5% per month will be payable on demand from the due date until payment.
3.6 Recovery costs: You indemnify us against all loss, costs and expenses, including legal costs on a solicitor/client basis, which we may suffer or incur as a result of any failure by you to make due and punctual payment.
4. Cancellation And Refund Policy
4.1 Subscriptions: Subscriptions are renewed automatically monthly, every three months or annual depending on the period you select. If you wish to cancel your membership you can do so before automatic renewal using your Website login. Once your final period has ended you will not have access to any Subscription content.
4.2 Retreats: You may cancel a Retreat booking by emailing us at [email protected]. The Price of a cancelled Retreat will be refundable as follows, less the deposit referred to in clause 3.3:
(a) Cancellation 6 weeks or less before the date of the Retreat, 0% refund;
(b) Cancellation 6 to 8 weeks before the date of the Retreat, 25% refund;
(c) Cancellation 10 to 12 weeks before the date of the Retreat, 50% refund;
(d) Cancellation more than 12 weeks before the date of the Retreat, 100% refund.
4.3 Subject to clauses 4.1 and 4.2 we do not cancel orders or provide refunds except as required by law. Even if you do not make use of your Subscription you will not be entitled to a refund. If you have any concerns about your purchase you can contact us on [email protected].
4.4 Cancellations by us: If we cannot proceed with a scheduled Retreat we will notify you as early as possible and either reschedule the Retreat or offer you a refund if you cannot attend on the rescheduled date.
5. Licence And Intellectual Property
5.1 We own all intellectual property rights in our Website and Subscription content. Your purchase entitles you to personal use of the content you gain access to via your Subscription. You acknowledge that you may not share, copy or distribute this content in any way to any other person.
5.2 Subscription access: Where we state that you have permanent or “lifetime” access to any content this means you can access the course material via the members area of the Website for as long as the course is live. In the event that the course is to be removed, you will be given 60 days’ notice. During this notice period you will be able to download any or all of the course material onto your own device for your personal use.
5.3 We reserve the right to cancel your Subscription effective immediately if we find that you have breached these Terms.
5.4 Images release: You consent to us using images or videos that include you (for example participating in a Retreat activity) for the promotion of our business in any way we consider appropriate.
6. Disclaimers And Liability
6.1 Consumer Guarantees Act: As a consumer, you have certain rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Those rights apply alongside these Terms and are not affected by anything in this clause.
(a) You acknowledge that the content we provide does not constitute medical advice. If you have any specific questions about any medical matter you should consult your doctor or other professional healthcare provider. If, at any time, you think you may be suffering from a medical condition you should seek medical advice.
(b) Subscription and Website content is not intended to be used by persons under 16 years of age.
(a) You acknowledge that you take full responsibility for your own health and safety. If you participate in activities you will comply with all relevant requests and directions.
(b) If, in the opinion of any activity leader, your behaviour is causing or likely to cause danger, distress or annoyance to other participants we may require you to leave the activity or the Retreat.
(c) If you are affected by any condition, medical or otherwise or have any special needs, these must be brought to our attention at time you book.
(d) We do not take responsibility for loss or damage to your personal property and recommend that you do not bring any valuables on Retreat.
(e) Accommodation is provided by third parties. If you are not satisfied with your accommodation (or other third party supplies) please let us know as soon as possible so that we can take steps to rectify any issues.
7. Delivery And Defects
7.1 We undertake to use reasonable endeavours to deliver Goods within the time specified by us but dates we give for delivery are indicative only.
7.2 If Goods you have purchased are damaged, faulty or spoiled at the time of delivery, we will comply with our obligations under the Consumer Guarantees Act 1993. Otherwise, we do not accept cancellations or returns.
8. Title And Risk
8.1 Goods ordered through us are at our risk until delivered to you. Once delivered, title and risk in the Goods passes to you.
9.1 Events outside our control: If any cause beyond the reasonable control of the Seller including but not limited to order of a government or other authority, strike, lockout, labour dispute, delays in transit, difficulty in procuring components or ingredients, embargo, accident, emergency, inclement weather, natural event or other contingency interferes with delivery by the Seller or with the performance by the Seller or any of its obligations under this Agreement then the Seller may at its sole discretion suspend its performance of any such obligation or cancel this Agreement and will not be liable to the Customer in any respect.
9.2 Severability: If any clause or provision of this Agreement is held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such judgment will not affect the remaining provisions of this Agreement which will remain in full force and effect as if such clause or provision held to be illegal or unenforceable had not been included.
9.3 Variation to Terms: We may vary or replace these Terms from time to time by publication on our website.
9.4 Waiver: This Agreement remains in force notwithstanding any neglect, forbearance or delay in enforcement. We may only waive a term or condition in writing, and such waiver will only apply to the particular transaction to which it refers.
9.6 Electronic Communications: You consent to receive commercial electronic messages from us. If you wish to opt out of receiving these messages please use the “unsubscribe” function and we will remove you from the mailing list.
9.7 Governing law and jurisdiction: This Agreement is governed by and construed in accordance with the laws of New Zealand in English, and each of the parties submits to the non-exclusive jurisdiction of the courts of New Zealand.
If you have any questions, concerns or complaints about this policy, please contact us:
- By email: [email protected]
- By visiting this page on our website: www.wickedwellbeing.com
- By mail: 22 Chatham Ave, Mt Albert, Auckland 1025
Last Updated: 18th November, 2020