BERNIE PRIOR FOUNDATION (BPF) TERMS & CONDITIONS

Section 1. Retreat Terms & Conditions

BOOKING AND PAYMENT

A booking is complete upon receipt of full payment to the Bernie Prior Foundation (BPF) at the rate advertised at the time of the booking. It is the participant’s responsibility to check the booking and ensure that the particulars contained therein are correct.

 

CANCELLATION OF RETREATS

In the event of cancellation by the participant, the following refunds apply:

<2 weeks before commencement of, or during the retreat     • 0% refund

2 to 4 weeks before commencement of the retreat     • 25% refund

>4 to 8 weeks before commencement of the retreat     • 50% refund

>8 weeks before commencement of the retreat     • 75% refund

 

In the event of cancellation of a Retreat by the BPF, a full refund or alternative dates for a retreat will be offered. The BPF will not be liable for any travel expenses or losses incurred by participants. Participants are advised to have a comprehensive travel insurance covering costs for any loss.

In the event of cancellation of a Retreat due to ‘Force Majeure’ and failures beyond its control, the BPF will not be held liable for any retreat related expenses or any loss incurred by the participant. This covers natural disasters, war, ‘acts of God’, closure of airports, civil strife, accidents or failure to perform by third parties, including suppliers and subcontractors.

 

TRAVEL & INSURANCE

The participant is responsible for all travel arrangements and costs to/from the retreat venue.

The cost of the Retreat does not include travel or personal insurance. The BPF recommends that participants purchase a comprehensive travel insurance cover for cancellation, medical expenses, personal accident, personal luggage, money and public liability before travel.

The BPF accepts no responsibility or liability for any loss, personal injury/death, or damage to personal belongings and property whatsoever.

 

MEDICAL CONDITIONS & RELEASE

The participant agrees to advise the BPF of any physical, mental or emotional condition/s that could impact his/her participation in this retreat, e.g. injuries, chronic conditions, recent medical or surgical procedures, any medication/s taken and the ailment/s the medicines are addressing.

The participant agrees to inform the BPF of any pre diagnosed psychiatric conditions and prescribed medications. The participant agrees to continue all prescribed medications prior to and during attendance at retreats held by the BPF.

In consideration for participating in the retreat, the participant agrees to waive the BPF from any liability arising from any physical, mental or emotional conditions arising during or after the retreat.

 

RIGHT TO PROMOTIONAL PHOTOGRAPH AND VIDEO

The participant understands that The BPF reserves the right to take photographs, film and audio recordings on retreat and agrees that photographs, video and audio recordings can be used for promotional and teaching purposes. The BPF will treat all materials deemed personal or sensitive with respect, care and sensitivity.

The participant may advise the BPF prior to the Retreat if they object to their image or voice being recorded. However, the BPF reserves the right to make the final decision on the use of all retreat images or sound recordings.

 

GENERAL

The BPF reserves the right to decline a participant’s booking on a retreat. A full refund will be provided if payment has been received.

On occasion the BPF has to act in the interest of a participant’s health and safety and the wellbeing of the entire retreat group. The participant agrees to comply with decisions of the BPF in relation to his /her continued retreat attendance.

In the event that a participant’s behaviour is not compatible with the general enjoyment and wellbeing of the group at large, The BPF reserves the right to prohibit the participant from continuing the retreat. In such a case, The BPF will not be liable for any refund, compensation to the participant or for any additional costs incurred by the participant.

Should the participant have a complaint during the Retreat, he/she should immediately inform a BPF representative who will do their best to resolve the issue.

 

DISCLAIMER

The above Retreat Terms & Conditions outline the agreement between the retreat participant and the BPF. No representation, term, warranty or condition can be expressed or implied by reference to any other writing, advertisement or conversation. This agreement may only be varied in writing by a duly authorised representative of the BPF.

 

Section 2. Terms and Conditions for use of this Website

Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Website. By accessing or using the Website you agree to be bound by these Terms and Conditions. If you disagree with any part of the Terms and Conditions, then you may not access the Website.

 

PURCHASES

If you wish to purchase any product or service made available through the Website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and (ii) the information you supply is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of your Purchase.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order, if fraud or an unauthorised or illegal transaction is suspected or other reasons.

In the event of cancellation of an event by the Bernie Prior Foundation, a full refund or alternative dates for the event will be offered.

 

AVAILABILITY, ERRORS AND INACCURACIES

We are constantly updating our offerings of products and services on the Website. The products or services available on our Website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Website and in our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

 

CONTENT

The Website may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Website, including its legality, reliability, and appropriateness.

By posting Content to the Website, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Website. You retain any and all of your rights to any Content you submit, post or display on or through the Website and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Website, who may also use your Content subject to these Terms and Conditions.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

 

ACCOUNTS

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms and Conditions, which may result in immediate termination of your account on our Website.

You are responsible for safeguarding the password that you use to access the Website and for any activities or actions under your password, whether your password is with our Website or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

INTELLECTUAL PROPERTY

The Website and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of the Bernie Prior Foundation and its licensors. The Website is protected by copyright, trademark, and other laws of both New Zealand and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Bernie Prior Foundation.

 

LINKS TO OTHER WEBSITES

Our Website may contain links to third-party web sites or services that are not owned or controlled by the Bernie Prior Foundation.

The Bernie Prior Foundation has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that the Bernie Prior Foundation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the Terms and Conditions and privacy policies of any third-party web sites or services that you visit.

 

TERMINATION

We may terminate or suspend access to our Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms and Conditions.

All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms and Conditions.

Upon termination, your right to use the Website will immediately cease. If you wish to terminate your account, you may simply discontinue using the Website.

 

LIMITATION OF LIABILITY

In no event shall the Bernie Prior Foundation nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

DISCLAIMER

Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

The Bernie Prior Foundation, its subsidiaries, affiliates, and its licensors do not warrant that: a) the Website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Website is free of viruses or other harmful components; or d) the results of using the Website will meet your requirements.

 

GOVERNING LAW

These Terms and Conditions shall be governed and construed in accordance with the laws of New Zealand without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and Conditions will remain in effect. These Terms and Conditions constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have between us regarding the Website.

 

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time.

By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised Terms and Conditions. If you do not agree to the new Terms and Conditions, please stop using the Website.

If you have any questions about these Terms and Conditions, please contact us at info@bernieprior.org or write to:

The Bernie Prior Foundation
30 Governors Bay Teddington Road,
Lyttelton 8971, New Zealand

 

Last updated: April 5, 2017