WELCOME TO SOMEWHERE MINDFUL - Please carefully ensure you read and understand our terms and conditions below.
We are so grateful to have you here and to be joining you on the mat or on an adventure soon. At any point if you have questions regarding our terms and conditions, please use our contact page or email hello@somewheremindful.com.au
TERMS AND CONDITIONS
This website (Site) is operated by the Somewhere Mindful ABN: 38 685 538 166
It is available at: www.somewheremindful.com.au and may be available through other addresses or channels.
CONSENT:
By accessing and/or using our Site, you agree to these terms of use (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them. As part of your use of the Website and Services, you may be required to provide personal information about yourself (such as identification or contact details), including: name, email address, mobile, or mailing address.
You warrant that any information you give to Tara Barchalk, owner of Somewhere Mindful in the course of completing the registration process will always be accurate, correct and up to date. While using the website or purchasing services, you will be a member of the Website ('Member') and agree to be bound by the Terms.
VARIATIONS:
We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.
PROHIBITED CONDUCT:
You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent or obtaining their personal and private details for personal use or any reason) or any other legal rights;
(b) using our Site to defame, harass, threaten, menace or offend any person or partake in any of these actions via communications written, spoken, or other towards TSC, on studio grounds, or elsewhere;
(c) interfering with any user using our Site;
(d) tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
(e) using our Site to send unsolicited email messages; or
(f) facilitating or assisting a third party to do any of the above acts.
NO COMMERCIAL USE:
Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, 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 it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
INTELLECTUAL PROPERTY RIGHTS:
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site 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 Site or the Content.
You must not:
(a) copy or use, in whole or in part, any Content on our website, in our manuals, advertisements, social media, pages or any other form of Content, written or shared;
(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 Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
The Website, the Services and all of the related products of Tara Barchalk, owner of Somewhere Mindful are subject to copyright. The material on our Website, Teachable, members platforms, social media pages, emails, and course manuals or other printed content is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, copy, design elements, and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Tara Barchalk, owner of Somewhere Mindful or its contributors.
TERMINATION:
These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
PAYMENTS:
Where the option is given to you, you may make payment for the Services (the ' Services Fee') by way of: cash, cheque, EFT, PayPal, Stripe, Square, or any other approved forms of payment as defined and agreed upon by Somewhere Mindful. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the way of payment and payment method terms and conditions which are available on their website.
You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
You agree and acknowledge that Tara Barchalk, owner of Somewhere Mindful can vary the Services Fee at any time.
All trademarks, service marks and trade names are owned, registered and/or licensed by Tara Barchalk, owner of Somewhere Mindful.
Tara Barchalk, owner of Somewhere Mindful does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Tara Barchalk, owner of Somewhere Mindful.
Tara Barchalk, owner of Somewhere Mindful retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any: (a) business name, trading name, domain name, and/or trade mark.
Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Tara Barchalk, owner of Somewhere Mindful make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Tara Barchalk, owner of Somewhere Mindful) referred to on the Website.
You expressly understand and agree that Tara Barchalk, owner of Somewhere Mindful, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Subject to local applicable laws, Tara Barchalk, owner of Somewhere Mindful reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services offered via Somewhere Mindful in person, online, or in any context without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Tara Barchalk, owner of Somewhere Mindful’s name or reputation or violates the rights of those of another party. Tara Barchalk and Somewhere Mindful may at anytime deny access to our Website and/or any services offered if misconduct occurs or at the sole discretion of Tara Barchalk for any reason deemed necessary.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
For any questions and notices, please contact us at:
Somewhere Mindful ABN: 38685538166
Email: hello@somewheremindful.com.au
ONLINE MEMBERSHIPS
When you enrol as an Online Sol Collective Member, you agree that you may only cancel your membership within the first 48 hours after enrolling in the membership at the cancelation fee of $40.00 AUD. After 48 hours the fee to cancel is the remaining member cost for the 6 months minimum term.
Please reach out to hello@somewheremindful.com.au to discuss the buyout option or to cancel within the first 48 hours at the cancel fee of $40.00.
When you purchase a lifetime membership, you agree to our no-refunds policy. All sales are final. Please be 100% sure when purchasing the online lifetime membership.
All online membership purchases are final and refunds are not provided for previous months regardless of whether you did or didn’t log in.
Sharing your login details is strictly prohibited. We monitor IP addresses, login history & location, and profile history for suspected breaches of this policy.
Our billing system is automated and we do not have the ability to freeze or skip payments or adjust your billing cycle. Upon signup to the online membership portal, you are billed automatically every 30 days. If you have a failed payment the system will retry the charge 3 days later, 8 days later, and 14 days later. If your payment fails on the 14th day your plan will be cancelled and access will end.
GIFT CARDS
Gift cards can only be used for offerings led solely by Tara Barchalk, including teacher trainings, retreats, and coaching. They do not apply for Workshops, events, or products in our shop. If you would like to apply for an exemption to this policy, you can do so, some special circumstances do apply, but it must be approved, in writing by Tara Barchalk via hello@somewheremindful.com.au.
Gift cards are only valid for 12 months from the date of purchase and cannot be exchanged for money or retail items. You must apply the gift voucher to an offering within 12 months of purchase otherwise the gift card will be considered voided and unable to be used.
We do not refund gift cards for any reason, including injury or damage/loss of the gift card or for any other reason, including any reasons unforeseeable.
PRICING
All sales are final, this is inclusive of any items purchased on our website or via payment link or bank transfer for retreats, trainings, coaching, retail, workshops, events, and/or retreat purchase(s). If for any reason you cannot attend, there are special circumstances where you might be able to transfer your ticket into someone else's name. This will be determined by Tara Barchalk and any requests will need to be emailed to us in writing to hello@somewheremindful.com.au.
We have the right to cancel, change, and postpone any event, retreat, training, class, or any other service. On this basis no refunds or transfers will be offered. We do our best to give notice of any changes, but unforeseen circumstances can arise. i.e. natural disasters, terrorist activity, and/or any other circumstance where traveling could be delayed or considered dangerous, this can be determined by Tara Barchalk and at her discretion.
All class packages, retail items, retreats, memberships, and service purchases are non-transferable, unless otherwise stated or determined by the owner, Tara Barchalk.
We occasionally offer sales and special offer rates and we reserve the right to change and amend these prices at any time and sale prices are only valid during the sales period.
WORKSHOPS
If you cannot attend a workshop or event that you have booked, you are welcome to resell that ticket and we can transfer the name for you. Otherwise no refunds are offered.
Not attending a workshop will forfeit your place.
TEACHER TRAININGS
You must attend each session entirely to receive a certification.
All transactions are final and non-transferrable.
All payments are due before the start of the training, otherwise you could incur a late charge.
A position in the training must first be applied for, your spot in the training is not guaranteed unless you receive, in writing, by Tara Barchalk of Somewhere Mindful that you have been accepted.
We reserve the right to remove from or deny access to, anyone to the training or service(s) being offered if a breach of our terms and conditions, misconduct, ongoing disruptions, and/or client complaints occur, or at the discretion of Tara Barchalk/Somewhere Mindful deems necessary for any reason. If this occurs no refunds will be granted and you understand our terms and conditions and guidelines, and by entering a course with Tara Barchalk/Somewhere Mindful you agree to do so under these terms.
RETREATS & SERVICES POLICY
We always advise that you purchase travel insurance that will cover you for any unforeseen circumstances, including, but not limited to: cancelation, delay, illness, injury, natural disasters, and terrorist activity.
If Tara Barchalk/Somewhere Mindful is prevented (directly or indirectly) from performing any of its obligations by reason of any Act of God, strike, trade dispute, fire, inclement weather, government or political action, acts of war, terrorism or for any other cause whatsoever outside of Somewhere Mindful’s reasonable control, we will be under no obligation to you and may, at our sole discretion by written notice to you cancel or postpone the retreat. We may also deem it necessary to do so, due to conditions that may be hazardous, dangerous or life threatening and take any other reasonable action.
All sales are final, no refunds under any circumstances will be given for retreats, trainings, events, workshops, or coaching.