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Terms of Service

Introduction

The Terms and Conditions (“Terms”) describe how RQ wellness in the United Kingdom (“Company,” “we,” and “our”) regulates your use of this website http://www.rqwellness.com (the “Website”). Please read the following information carefully to understand our practices regarding your use of the website and the services that we offer through it. The Company may change the Terms at any time. The Company may inform you of the changes to the Terms using the available means of communication. The Company recommends you to check the website frequently to see the actual version of the Terms and their previous versions.

If you represent a legal entity, you certify that you entitled by such a legal entity to conclude the Terms as the legal entity you represent.

Privacy Policy

Our Privacy Policy is available on a separate page. Our Privacy Policy explains to you how we process information about you. You shall understand that through your use of the website you acknowledge the processing of this information shall be undertaken in accordance with the Privacy Policy.

General Terms & Conditions

Your Account

When using the website, you shall be responsible for ensuring the confidentiality of your account, password and other credentials and for secure access to your device. You shall not assign your account to anyone. The Company is not responsible for unauthorised access to your account that results from misappropriation or theft of your account. The Company may refuse or cancel service, terminate your account, and remove or edit content.

The Company does not knowingly collect personal data from persons under the age of 16 (sixteen). If you are under 16 (sixteen) years old, you may not use the website and may not enter into the Terms under any circumstances.

Services

The website allows you to use Services available on the website. You shall not use the services for illegal aims.

We may, at our sole discretion, set fees for using the website for you. All prices are published separately on relevant pages on the website. We may, at our sole discretion, at any time change any fees.

We may use certified payment systems, which also may have their commissions. Such commissions may be implied on you when you choose a particular payment system. Detailed information about commissions of such payment systems may be found on their websites.

Third Party Services

The website may include links to other websites, applications, and platforms (hereinafter the "Linked Sites").

The Company does not control the Linked Sites, and shall not be responsible for the content and other materials of the Linked Sites. The Company makes these links available to you for providing the functionality or services on the website.

Prohibited Uses and Intellectual Property

The Company grants you a non-transferable, non-exclusive, revocable license to access and use the website from one device in accordance with the Terms. You shall not use the website for unlawful or prohibited purpose. You may not use the website in a way that may disable, damage, or interfere the proper running of the website.

All content present on the website includes text, code, graphics, logos, images, compilation, software used on the website (hereinafter and hereinbefore the "Content"). The Content is the property of the Company or its contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.

You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the website shall not entitle you to make any illegal and disallowed use of the Content, and in particular you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. The Company does not grant you any licenses to the intellectual property of the Company.

The Company Materials

By posting, uploading, inputting, providing or submitting your Content you are granting the Company to use your Content in connection with the operation of Company's business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name in connection with your Content.

No compensation shall be paid with regard to the use of your Content. The Company shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time.

By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own all of the rights to your Content.

Standard Terms & Conditions for our Courses & Workshops

Your statutory rights are not affected by any of our terms and conditions. RQ Wellness Ltd accepts bookings for courses subject to the following terms and conditions.

1. INTERPRETATION

The following words shall have the following meanings:

1.1 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

1.2 "Customer" means any person who purchases Courses from the Supplier; also known as “clients” or “participants” and will be taken to mean the person or persons listed on the booking form;

1.3 "Proposal" means a statement of work, quotation or other similar document communicated electronically or in a paper format describing the courses to be offered by the Supplier;

1.4 "Services" means the services specified in the Proposal; also known as the “courses” which will be the term used for the purposes of these Terms and conditions.

1.5 "Supplier" means RQ Wellness Ltd, of 12 Skeena Hill SW18 5PL; The supplier will also be referred to as RQ Wellness

1.6 Cancellation Period” means the period of time during which the Customer can cancel the agreement to purchase the Services as defined by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;

1.7 “Right to Cancel” means the cancellation terms as stipulated by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;

1.8 "Terms and Conditions" means the terms and conditions of supply set out in this page and any special terms and conditions agreed in writing by the Supplier.

2. GENERAL

2.1 These Terms and Conditions shall apply to all contracts for the supply of Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.

2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.

2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Services, by virtue of any statute, law or regulation.

2.4 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.

3. THE ORDER

3.1 A contract for the service is made between RQ Wellness and the client once written confirmation has been sent to the client by RQ Wellness.

3.2 The Customer shall be deemed to have accepted the conditions of the order and Courses and/or workshops by placing a with RQ Wellness ("the Order”) and making payment.

3.3 All Orders for the Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.

3.4 RQ Wellness reserves the right to cancel a booking if deemed unsuitable at any stage.

3.5 To place an order, RQ Wellness require a completed booking form and payment in full for the course. An order is accepted once a confirmation email or letter is sent to the customer.

4. PRICE AND PAYMENT

4.1 The price for the Services will be outlined in writing to the client again once the order has been placed. These are inclusive of VAT.

4.2 Payment of the price shall be in the manner specified on the website and outlined in section 4.3

4.3 To place a booking, full upfront payment of the finalised agreed price is required. In some cases, payment by instalments may be possible at RQ’s discretion. In the event that the balance is not paid RQ Wellness will have the right to treat the booking as cancelled and re-sell the place.

4.4 The payment for the Course is non refundable. If future courses are available, it may be transferrable at the sole discretion of RQ Wellness. Bookings are not transferrable under any circumstance unless agreed in writing with RQ Wellness.

4.5 The price at the time of booking will include what is outlined on the website and covers the cost of planning, handbooks, organising and delivery of the service or Courses. An outline of the programmed activities on the Courses will be emailed to the client once finalised.

4.6 RQ Wellness reserve the right to offer discretionary discounts and this does not affect the status of clients who have paid the full price and no discount will become due to them.

5. DELIVERY

5.1 The date of delivery of the Services is as specified on the website and confirmatory email. The Supplier may vary these times by intimating in writing details of the change to the client. It is the responsibility of the client to arrive at specified times.

5.2 The date of delivery specified by the Supplier is subject to change. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Services.

6. CUSTOMER'S OBLIGATIONS

To enable the Supplier to perform its obligations the Customer shall:

6.1 co-operate with the Supplier;

6.2 provide the Supplier with any information reasonably required by the Supplier;

6.3 obtain all necessary permissions, licences and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer. Failure to do so may lead to cancellation of booking and withdrawal from the activity. The client will not be entitled to any refund if the contract is terminated under these grounds;

6.4 be held responsible to make compensation for any damage they cause to the contents and furnishings of the premises during their stay except for wear and tear; and

6.5 comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.

7. SUPPLIER'S OBLIGATIONS

7.1 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.

8. LIMITATIONS AND EXCLUSIONS OF LIABILITY

8.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Services. The limitations and exclusions of liability are subject to sections 11 and 12; and protect RQ Wellness and its directors, agents, course instructors, representatives and anybody involved with the delivery of the Courses.

8.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise. RQ Wellness accepts no responsibility for the loss, damage or theft of any personal possessions.

8.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed date.

9. YOUR ACCEPTANCE TO THE COURSES OFFERED BY RQ WELLNESS

Your acceptance of THE COURSES OFFERED BY RQ Wellness means that you have read, understood and agreed to the terms and conditions set forth on this page.

9.1 You agree to take responsibility for Your full participation in the Course.

9.2 You agree to respect total confidentiality of each participant on the Course/workshop including their comments, shares and experiences and You agree to keep all such information to yourself. You will not disclose other participants by name, description or other information that would breach their anonymity.

9.3 You acknowledge that your participation in the Course is at Your own risk, but nothing in these Terms shall limit or exclude RQ wellness liability for:

(a) death or personal injury caused by its negligence; or (b) fraud or fraudulent misrepresentation;

RQ reserves the right to ask any participant to leave if they are in breach of the Ground Rules or these Terms and Conditions, without financial reimbursement.

9.4 You agree to indemnify RQ and their staff for any liability and cost which may occur as a result of any breach of these Terms. Furthermore, RQ will not be liable for any other direct and indirect loss, cost or expense of any nature, however caused.

9.5 If anyone misses a session on the SMART (Stress Management and Resiliency Training) course, RQ wellness will try to organise a catch up session up to a maximum of one per course which will be dependent on availability.

9.6 You understand that the SMART course is a 6 weekly stress management and resiliency training course developed by Harvard which will involve meditation, group discussions, psychological principles that may or may not benefit your personal growth.

10. NO REPRESENTATIONS OR WARRANTIES

To the maximum extent permitted by applicable law and subject to sections 12 and 13, we exclude all representations, warranties, undertakings and guarantees relating to Course activities.

Without prejudice to the generality of the foregoing paragraph, we do not represent, warrant, undertake or guarantee that you will not suffer from any injury arising directly or indirectly out of the courses offered by RQ Wellness; that your fitness, wellbeing or health will measurably improve as a result of participation in our Courses; or that our activities will continue to run for any specific period.

11. RIGHT TO CANCEL AND CANCELLATION CHARGES

11.1 The client has the right to cancel this contract and their booking at any time without giving any reason.

11.2 The payment to secure the booking is non refundable.

11.3 If a future course is available, it may be possible to transfer the booking. This will be at the discretion of RQ.

11.4 Participants who do not show up for the courses forfeit the whole cost.

11.5 RQ Wellness will never try to cancel a booking but reserves the right to do so at any stage. If this is the case, the client will be offered a full refund unless the cancellation is due to a “Force Majeure”. If there is a “Force Majeure” every effort will be made to pay the client reasonable compensation where appropriate.

11.6 If there is a problem during the service period you must report it to a member of the team and every effort will be made to resolve it. In the unlikely event that this is not possible and the client still wishes to make a complaint, full written details must be sent to RQ Wellness within 28 days of the Courses finishing, including a contact number and email and booking details. Failure to do so will prejudice our ability to resolve, investigate and if applicable, compensate the client.

12. FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

13. EXCEPTIONS

Nothing in these terms and conditions or disclaimer shall: limit or exclude our liability for death or personal injury resulting from negligence; limit or exclude our liability for fraud or fraudulent misrepresentation; limit any of our liabilities in any way that is not permitted under applicable law; or exclude any of our liabilities that may not be excluded under applicable law.

14. SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

15. GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

16. DISCLAIMER OF CERTAIN LIABILITIES

The information available via the website may include typographical errors or inaccuracies. The Company shall not be liable for these inaccuracies and errors.

The Company makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the website. To the maximum extent allowed by the applicable law, all such Content and services are provided on the "as is" basis. The Company disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, fitness for a certain purpose.

To the maximum extent permitted by the applicable law, in no event shall the Company be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the website in the context of the inability or delay to enjoy the website or its services, or for any Content of the website, or otherwise arising out of the enjoyment of the website, based on contract and non-contract liability or other reason.

If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.

17. INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys' fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the website or its services and Company’s services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. The Company may assume the exclusive defense and you shall cooperate with the Company in asserting any available defenses.

18. TERMINATION AND ACCESS RESTRICTION

The Company may terminate your access and account to the website and its related services or any part at any time, without notice, in case of your violation of the Terms.

19. MISCELLANEOUS

The governing law of the Terms shall be the substantive laws of the country where the Company is set up, except the conflict of laws rules. You shall not use the website in jurisdictions that do not give effect to all provisions of the Terms.

No joint venture, partnership, employment, or agency relationship shall be implied between you and the Company as a result of the Terms or use of the website.

Nothing in the Terms shall be a derogation of the Company's right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the website.

If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and the Company.

The Terms constitute the entire agreement between you and the Company regarding the enjoyment of the website and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and the Company.

The Company and its affiliates shall not be liable for a failure or delay to fulfil its obligations where the failure or delay results from any cause beyond Company's reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of Company's control.

In case of controversies, demands, claims, disputes, or causes of action between the Company and you relating to the website or other related issues, or the Terms, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where the Company is set up.

20. COMPLAINTS

We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this Terms or our practices in relation to your personal data, please contact us through our website. We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.

21. CONTACT INFORMATION

We welcome your comments or questions about our Terms. You may contact us through the contact information available on our website.

Standard Terms & Conditions for our Retreats

All clients attending RQ Wellness Retreats should seek medical advice from their doctor before booking and attending. Travel insurance with comprehensive cover is mandatory and it is the responsibility of the participant to ensure adequate cover in case of injury or illness.

Your statutory rights are not affected by any of our terms and conditions.

RQ Wellness Ltd accepts bookings subject to the following terms and conditions.

1. INTERPRETATION

The following words shall have the following meanings:

1.1 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

1.2 "Customer" means any person who purchases Services from the Supplier; also known as “clients” or “participants” and will be taken to mean the person or persons listed on the booking form;

1.3 "Proposal" means a statement of work, quotation or other similar document communicated electronically or in a paper format describing the services to be provided by the Supplier;

1.4 "Services" means the services specified in the Proposal; also known as the “retreat” which will be the term used for the purposes of this Terms and condition.

1.5 "Supplier" means RQ Wellness Ltd, of 12 Skeena Hill SW18 5PL; The supplier will also be referred to as RQ Wellness

1.6 Cancellation Period” means the period of time during which the Customer can cancel the agreement to purchase the Services as defined by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;

1.7 “Right to Cancel” means the cancellation terms as stipulated by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;

1.8 "Terms and Conditions" means the terms and conditions of supply set out in this page and any special terms and conditions agreed in writing by the Supplier.

2. GENERAL

2.1 These Terms and Conditions shall apply to all contracts for the supply of Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.

2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.

2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Services, by virtue of any statute, law or regulation.

2.4 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.

3. THE ORDER

3.1 A contract for the service is made between RQ Wellness and the client once written confirmation has been sent to the client by RQ Wellness.

3.2 The Customer shall be deemed to have accepted the conditions of the order and retreat by placing a booking with RQ Wellness ("the Order”) and paying the deposit.

3.3 All Orders for the Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.

3.4 RQ Wellness reserves the right to cancel a booking if deemed unsuitable at any stage.

3.5 To place an order, RQ Wellness require a completed booking form, payment of the deposit and completion of the information pack that will be sent out to the customer. An order is accepted once a confirmation email or letter is sent to the customer.

4. PRICE AND PAYMENT

4.1 The price for the Services will be outlined in writing to the client again once the order has been placed. These are inclusive of VAT.

4.2 Payment of the price shall be in the manner specified on the website and outlined in section 4.3

4.3 To place a booking, payment of a deposit of 50% (fifty percent) of the finalised agreed price is required. The balance of the fee for the retreat is payable 8 weeks before the start of the retreat unless agreed otherwise in writing by RQ Wellness. In the event that the balance is not paid RQ Wellness will have the right to treat the booking as cancelled and re-sell the place.

4.4 The deposit is non refundable. If future retreats are available, it may be transferrable at the sole discretion of RQ Wellness. Bookings are not transferrable under any circumstance unless agreed in writing with RQ Wellness.

4.5 The price at the time of booking will include what is outlined on the website and covers the cost of planning, organising and delivery of the service or retreat. An outline of the programmed activities on the retreat will be emailed to the client once finalised. If the client wishes to change the programme or take part in additional activities not included in the programme, additional costs may apply.

4.6 RQ Wellness reserve the right to offer discretionary discounts and this does not affect the status of clients who have paid the full price and no discount will become due to them.

5. DELIVERY

5.1 The date of delivery of the Services is as specified on the website and confirmatory email. The Supplier may vary these times by indicating in writing details of the change to the client. It is the responsibility of the client to arrive at specified times.

5.2 The date of delivery specified by the Supplier is subject to change. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Services.

5.3 The RQ retreat is a residential retreat and will have programmed activities the dates of which will be specified on the website and by writing. Any changes or termination of the retreat to the programme will be at RQ’s discretion. Additional activities may incur additional charges.

6. CUSTOMER'S OBLIGATIONS

To enable the Supplier to perform its obligations the Customer shall:

6.1 co-operate with the Supplier;

6.2 provide the Supplier with any information reasonably required by the Supplier;

6.3 obtain all necessary permissions, licences and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer. Specifically these refer to medical clearance before attending the retreat, accurately providing any information required, signing the disclaimer, and obtaining comprehensive health and travel insurance. Failure to do so may lead to cancellation of booking and withdrawal from the activity. The client will not be entitled to any refund if the contract is terminated under these grounds;

6.4 be held responsible to make compensation for any damage they cause to the contents and furnishings of the premises during their stay except for wear and tear; and

6.5 comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.

7. SUPPLIER'S OBLIGATIONS

7.1 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.

8. LIMITATIONS AND EXCLUSIONS OF LIABILITY

8.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Services. The limitations and exclusions of liability are subject to sections 11 and 12; and protect RQ Wellness and its directors, agents, fitness instructors, representatives and anybody involved with the delivery of the retreat.

8.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise. RQ Wellness accepts no responsibility for the loss, damage or theft of any personal possessions.

8.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed date.

9. NO REPRESENTATIONS OR WARRANTIES

To the maximum extent permitted by applicable law and subject to sections 12 and 13, we exclude all representations, warranties, undertakings and guarantees relating to retreat activities

Without prejudice to the generality of the foregoing paragraph, we do not represent, warrant, undertake or guarantee that you will not suffer from any injury arising directly or indirectly out of our fitness activities; or that your fitness or health will measurably improve as a result of participation in our retreat; or that our activities will continue to run for any specific period.

10. RIGHT TO CANCEL AND CANCELLATION CHARGES

10.1 The client has the right to cancel this contract and their booking at any time without giving any reason.

10.2 The deposit paid to secure the booking is non refundable.

10.3 The remaining balance (50% of the total retreat cost), which is due no later than 8 weeks before the commencement of the retreat, may be refunded based on when written notification is received.

6 weeks or less before the start of the retreat: total fee due to RQ Wellness.

6 weeks or more notice before the start of the retreat: the customer will be refunded 25% of the total cost of the retreat

more than 8 week's notice before the start of the retreat: The outstanding balance will be waived (50% of the total cost of the retreat). The deposit paid at the time of booking will not be refunded.

10.4 Participants who do not show up for the retreat or for the programmed activities forfeit the whole cost.

10.5 RQ Wellness will never try to cancel a booking but reserves the right to do so at any stage. If this is the case, the client will be offered a full refund unless the cancellation is due to a “Force Majeure”. If there is a “Force Majeure” every effort will be made to pay the client reasonable compensation where appropriate.

10.6 If there is a problem during the service period you must report it to a member of the team and every effort will be made to resolve it. In the unlikely event that this is not possible and the client still wishes to make a complaint, full written details must be sent to RQ Wellness within 28 days of the retreat finishing, including a contact number and email and booking details. Failure to do so will prejudice our ability to resolve, investigate and if applicable, compensate the client.

11. FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

12. EXCEPTIONS

Nothing in these terms and conditions or disclaimer shall: limit or exclude our liability for death or personal injury resulting from negligence; limit or exclude our liability for fraud or fraudulent misrepresentation; limit any of our liabilities in any way that is not permitted under applicable law; or exclude any of our liabilities that may not be excluded under applicable law.

13. SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

14. GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

15. DISCLAIMER AND RELEASE OF LIABILITY

Participants will not be able to take part in the retreat unless we receive a signed disclaimer and medical questionnaire either sent to us electronically or in writing.

This disclaimer governs all activities which form part of RQ Wellness including fitness and yoga activities and is subject to our terms and conditions (link to terms and conditions) . It has been created with the help of SEQ Legal www.seqlegal.com.

We may in our sole discretion prohibit you from participating in our fitness activities; and you must comply with all of our instructions in relation to the retreat.

Definitions

The term “RQ Wellness” refers to its directors, representatives, instructors and all persons involved in the delivery of its activities. The term “The retreat” will mean the programmed activities and any optional activities including all forms of exercise, yoga, psychology sessions and any activities led by the RQ Wellness team.

16. YOUR ACCEPTANCE TO USE SERVICES OF RQ WELLNESS

Your acceptance of RQ Wellness services means that you have read, understood agreed to the terms and conditions set forth on this page.

You acknowledge that you are aware that all exercise and participation in the retreat’s activities involves a risk of personal injury, including a small risk of serious injury or death or property damage or loss resulting therefrom. You freely accept and assume all responsibility for your health and well-being in relation to the fitness classes and activities you will be undertaking on the RQ retreat.

You acknowledge and represent that, to the best of your knowledge, you suffer from no medical or physical condition or disability that will or might increase the normal risks associated with exercise

You have completed and signed the medical questionnaire to the best of your knowledge and ability and your doctor has approved your participation in the retreat.

You will inform RQ Wellness, as soon as possible, if you suffer from any injury, illness or other medical condition; feel any pain or discomfort during a fitness activity; or if you feel an exercise would be unsafe or uncomfortable for you.

You agree to waive any and all claims that you have or may in the future (also binding upon any person acting on your behalf) against RQ Wellness and any person involved in the delivery of the program, arising in any aspect of your participation in the retreat’s activities; You also release RQ Wellness from any and all liability for any loss, damage, expense or injury that you may suffer or that any third party may suffer as a result of your participation in the retreat.

You confirm that all Your given information is up to date and fully accurate. You understand that if there is any change to Your personal or therapeutic situation, You will inform Dr Debar immediately. Failure to do this could result in being asked to stop attending the retreat.

You agree to take responsibility for Your full participation in the retreat.

You agree to respect total confidentiality of each participant on the retreat including their comments, shares and experiences and You agree to keep all such information to yourself. You will not disclose other participants by name, description or other information that would breach their anonymity.

You acknowledge that Your participation in the retreat is at Your own risk, but nothing in these Terms shall limit or exclude RQ wellness liability for:

(a) death or personal injury caused by its negligence; or

(b) fraud or fraudulent misrepresentation;

RQ reserves the right to ask any participant to leave if they are in breach of the Ground Rules or these Terms and Conditions, without financial reimbursement.

You agree to indemnify RQ and their staff for any liability and cost which may occur as a result of any breach of these Terms. Furthermore, RQ will not be liable for any other direct and indirect loss, cost or expense of any nature, however caused.

17. CANCELLATION POLICY

You may cancel these Terms at any time prior to the commencement of the Service (the “Commencement Date”) by notice in writing to [email protected] (the “Cancellation Notice”). Once a Cancellation Notice is submitted it may not be revoked and a cancellation charge shall be payable to RQ wellness as set out below:

100% of the Price of the retreat if cancelled less than 6 weeks prior to the Commencement Date; or

25% of the Price of the retreat if cancelled more than 6 weeks prior to the Commencement Date; or

No additional charge if cancelled 8 or more prior to the Commencement Date. The deposit is non refundable.

You acknowledge that the Cancellation Fees are fair and reasonable.

18. Disclaimer of Certain Liabilities

The information available via the website may include typographical errors or inaccuracies. The Company shall not be liable for these inaccuracies and errors.

The Company makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the website. To the maximum extent allowed by the applicable law, all such Content and services are provided on the "as is" basis. The Company disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, fitness for a certain purpose.

To the maximum extent permitted by the applicable law, in no event shall the Company be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the website in the context of the inability or delay to enjoy the website or its services, or for any Content of the website, or otherwise arising out of the enjoyment of the website, based on contract and non-contract liability or other reason.

If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.

19. Indemnification

You agree to indemnify, defend and hold harmless the Company, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys' fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the website or its services and Company’s services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. The Company may assume the exclusive defence and you shall cooperate with the Company in asserting any available defences.

20 Termination and Access Restriction

The Company may terminate your access and account to the website and its related services or any part at any time, without notice, in case of your violation of the Terms.

21. Miscellaneous

The governing law of the Terms shall be the substantive laws of the country where the Company is set up, except the conflict of laws rules. You shall not use the website in jurisdictions that do not give effect to all provisions of the Terms.

No joint venture, partnership, employment, or agency relationship shall be implied between you and the Company as a result of the Terms or use of the website.

Nothing in the Terms shall be a derogation of the Company's right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the website.

If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the final version of the Terms and other parts and sections of the Terms shall be applicable to you and the Company.

The Terms constitute the entire agreement between you and the Company regarding the enjoyment of the website and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and the Company.

The Company and its affiliates shall not be liable for a failure or delay to fulfil its obligations where the failure or delay results from any cause beyond Company's reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of Company's control.

In case of controversies, demands, claims, disputes, or causes of action between the Company and you relating to the website or other related issues, or the Terms, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where the Company is set up.

22. Complaints

We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this Terms or our practices in relation to your personal data, please contact us through our website. We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.

23. Contact Information

We welcome your comments or questions about our Terms. You may contact us through the contact information available on our website.