Terms & Conditions

This online platform (Platform) is operated by WellBook Pty Ltd ABN 28 633 945 678 or its successors and assignees (we, our or us).  It is available at: www.wellbook.co and may be available through other addresses or channels.

Acceptance

By accessing or using our Platform, you, each person using our Platform (referred to as you): (i) warrant to us that you have reviewed these Customer Terms and Conditions including our Privacy Policy and our Website Terms of Use (available on the Platform) (Terms); (ii) warrant to us that you have the legal capacity to enter into a legally binding agreement with us; and (iii) agree to use the Platform in accordance with these Terms. You must not use the Platform unless you are at least 18 years old.

We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

Platform Summary

  1. Our Company:  
    1. Sells wellness holiday packages that include accommodation, wellness and other leisure activities (Wellness Packages) to customers (Customers). We curate a selection of Wellness Packages from leading resorts and retreats (Partners) around the world. We market these packages via our platform and through other media channels as necessary.
    2. Provides a service to our customers who cannot find a suitable package on our platform, whereby sourcing a suitable package from our Partners (Concierge Service) or working with our partners to create a personalized package (Custom Package).
    3. Hosts a number of speciality events all year around (Wellness Events) that are marketed via our platform and through other media channels as necessary.
  2. We are not an employment agency or labour hire business and Partners are not our employees, contractors, partners or agents.
  3. We are not a party to any agreement entered into between a Partner and a Customer. We have no control over the conduct of Partners, Customers or any other users of the Platform.  
  4. We accept no liability for any aspect of the Customer and Partner interaction, including but not limited to the description of Wellness Packages offered, the performance of services and the delivery of goods.

Registration and Profiles

  1. You can browse, view and make Wellness Event bookings as an unregistered user of the Platform (User). You must register on the Platform and create an account to create a Booking Request for a Wellness Package as outlined below (Account)

  2. You must provide basic information when registering for an Account including your full name, email address and choose a secure password. 

  3. You may register for an Account using your Google account. If you sign in to your Account using your Google Account, you authorise us to access certain information on your Google Account including but not limited to your current profile photo and other basic information.

  4. Once you have registered an Account, your account information will be used to create a profile which you may then curate (Profile). Your Profile is personal and you must not transfer it to others, except with our written permission.

  5. You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete. If you make a Booking, you will be contacted at the details provided.

  6. You are responsible for keeping your Account, Profile details and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details, whether or not you authorised such activities or actions. 

  7. You will immediately notify us of any unauthorised use of your Account.

  8. At our sole discretion, we may refuse to allow any person to register or create an Account.

Bookings for Wellness Packages

  1. A Customer who wants to make a booking (i) reviews the Wellness Packages available on the Platform and (ii) makes a request for a booking by clicking “Book Now”, which takes the Customer to our checkout page or (iii) clicking on “Create Custom Package” which takes the customer through our enquiry form. 
  2. Customers will be prompted to provide basic information when making a purchase or enquiry through our platform including name (as shown on your passport), email address, phone number and postal address. We are not liable if you provide incorrect details. If you choose to make a Booking, you will be contacted at these details provided. Customers will need to confirm that they have read these Terms. Once payment is made in accordance with our Fees and Payments policy below, a booking request is created (Booking Request)

  3. When a Booking request is made, a Customer will see a booking confirmation page with a summary of their purchase and booking number for their reference. A Customer will receive a booking confirmation email from WellBook (Booking Confirmation). The Partner will contact the Customer to welcome them and organise any logistics, such as dietary requirements, transfers, activities or treatments during their stay. The Partner is the primary contact for any general queries regarding the Customer’s upcoming stay.

  4. You must retain your Booking Confirmation and present it to our Partners on arrival along with a form of identification.

Bookings for Wellness Events

  1. A Customer who wants to make a booking reviews the Wellness Events available on the Platform and is able to book instantly by clicking “Book Now”, which takes the Customer to our checkout page.

  2. On particular Wellness Events we offer Expressions of Interest which takes the customer through our enquiry form and will alert them with more information once this Wellness Event is live. 

  3. Customers will be prompted to provide basic information when making a purchase or enquiry through our platform including name (as shown on your passport), email address and phone number. We are not liable if you provide incorrect details. If you choose to make a Booking, you will be contacted at these details provided. Customers will need to confirm that they have read these Terms. Once payment is made in accordance with our Fees and Payments policy below, a booking is created (Booking).

  4. When a Booking is made, a Customer will receive a booking confirmation email from WellBook outlining details of their purchase (Event Booking Confirmation)

  5. You must retain your Booking Confirmation and present it upon arrival along with a form of identification.

Fees and Payments

  1. It is free to use the Platform. There is no charge for Users to view content on the Platform, including Listings.

  2. Payments can be made:

    1. Upfront and in full, or;

    2. Via a Payment plan. Our payment plans require a percentage of the package to be paid upfront with the outstanding balance being paid at a later date in accordance with the Resort's terms and conditions. Please contact our WellBook team if you wish to establish a payment plan for your Booking.

  3. Our primary currency is USD however for Packages or Events within Australia customers will be charged in AUD. 

  4. Any payments, including Booking Requests, will be made via our third party payment processor or by any other payment method set out on the Platform.

  5. For Wellness Events a Customer’s credit/debit card will be instantly charged the amount set out in the Check Out page.

  6. For Wellness Packages a Customer’s credit/debit card will be pre-authorised up to the amount of the relevant fees set out in the Listing (Listing Fees) at the time the Customer makes a Booking Request. Once the booking has been confirmed the customers credit/debit card will be charged in full. 

  7. The Listing Fees will be held in escrow until the first day you attend the Wellness Package (Check In Day). On Check In Day, the Listing Fees will be paid to the Partner after the deduction of our service fee (Commission) which is set out on the Platform.

Refund and Cancellation Policy

  1. Wellness Events

    1. A full refund will be provided for cancellations 2 weeks or more prior to the event. 

    2. A 50% refund or credit will be provided for cancellations less than 2 weeks prior to the event.

    3. No refunds will be provided for cancellations 48 hours prior to the event or non-attendance. 

  2. Wellness Packages

    1. Refunds and Cancellations are made in accordance with the Resort Partners individual refund and cancellation policy. A summary of this is provided on the Wellness Package Listing under ‘Fine Print’ on our Platform. If you at any point require clarity on these terms and conditions please contact us as info@wellbook.co

  3. A refund will not be provided in any circumstance if: 

    1. You fail to read listing details and these Terms

    2. You do not find the Wellness Package or Event enjoyable

    3. You have a dispute with a Resort Partner, or;

    4. A Partner or WellBook does not honour your Booking because you failed to present a Booking Confirmation matching your form of identification on arrival.

Licence to use our Platform

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.

Prohibited conduct

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (without limitation):

  1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
  2. using our Platform to defame, harass, threaten, menace or offend any person;
  3. interfering with any User using our Platform;
  4. tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
  5. anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations, or the internal policies of any Service Provider, or of any ticketing, travel, accommodation or activity provider;
  6. using our Platform to find a Partner and then completing a Booking or transaction independent of our Platform in order to circumvent the obligation to pay any fees related to our provision of the Platform;
  7. using our Platform to send unsolicited email messages; or
  8. facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors

You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business.  If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.

No commercial: Our Platform is for your personal, non-commercial use only. You must not use our Platform, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website, without obtaining a licence to do so from us.

Information

The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):

(a) copy or use, in whole or in part, any Content;

(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c) breach any intellectual property rights connected with our Platform, including (without limitation) by:

(1) altering or modifying any of the Content;

(2) causing any of the Content to be framed or embedded in another website; or

(3) creating derivative works from the Content.

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.

You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:

(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and

(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

Third party sites: Our Platform contains links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.

Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Consumer Guarantees

(a) Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).

(b) Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. 

(c) The Wellness Packages provided by a Partner might also confer you certain Statutory Rights.

Warranties, disclaimers and indemnity

To the extent permitted by law, we make no representations or warranties about our Platform, the Content, Partners, Customers, Wellness Packages or Listings including (without limitation) that:

(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b) access will be uninterrupted, error-free and free from viruses;

(c) our Platform will be secure;

(d) Customers will find the Wellness Packages desirable or enjoyable;

(e) Wellness Packages are of a particular standard or meet the Listing description.

You read, use, and act on our Platform and the Content at your own risk.

Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:

(a) our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of fees paid by you to us during the three-month period immediately preceding the event that gave rise to the Liability; and

(b) we will not be liable to you for any consequential loss, direct loss, loss of benefit (including anticipated benefit), loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,

whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:

(1) loss of, or damage to, any property, or any injury or loss to any person;

(2) failure or delay in providing the Platform or our services; or

(3) breach of these Terms or any law,

where caused or contributed to by any:

(4) event or circumstance beyond our reasonable control;

(5) a fault , defect, error or omission in your computing environment; or

(6) act or omission of you or your related parties,

(7) and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products. 

You acknowledge and agree that (i) you use the Platform or our services at your own risk, (ii) the provision of the Platform or our services may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.

You acknowledge that any Partner’s terms and conditions will apply in addition to these Terms.

You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.          

This clause will survive the termination or expiry of these Terms.

Disputes

We encourage Partners and Customers to attempt to resolve disputes with each other directly. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution.

If a resolution is not achieved, a Customer wishing to raise a dispute regarding a Booking or a Partner must contact us at info@wellbook.co within 30 days of the last day of a Wellness Package. We will attempt to facilitate a resolution between Customers and Partners at this stage. We may provide a refund to Customers at our discretion.

If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Insurance and Travel

We recommend that Customers obtain appropriate travel insurance when participating in a Wellness Package. Customers have the responsibility of ensuring that you meet all requirements of entry into a foreign country, and that you have obtained all necessary documents for entry. We encourage you to check prohibitions on travel before booking your Wellness Package.

General

Variation: We may modify these Terms from time to time by posting the amended Terms on the Platform and /or by notifying you by email. By continuing to use the Platform after such modification or 30 days after notification (whichever date is earlier), you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform.

Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days prior notice.

Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: Your use of our Platform and these Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Currency: Unless the contrary intention appears, a reference in these Terms or on our Platform, to US dollars, dollars, USD or $ is a reference to the lawful currency of United States of Amercia.

For any questions and notices, please contact us at:

Wellbook Pty Ltd ABN 28 633 945 678

Email: info@wellbook.co

Last update: 22nd June 2020

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