Terms of Service – Australia

LAST UPDATE: 1 May 2021

Please read this Agreement and ACROLife’s Privacy Policy carefully as they impose rules, obligations and other responsibilities on you in respect of your use of, and access to, our Products. By clicking ‘accept’ and purchasing ACROLife’s products, you agree to be bound by (i) this Agreement; and (ii) ACROLife’s Privacy Policy. If you do not want to be bound by this Agreement, you must not click accept or make a purchase using ACROLife’s Shop. The headings contained in this document are for reference purposes only. 

1.1  Parties to this Agreement

This Agreement is a contract between you (‘you’ or ‘your’) and ACROLife ( ‘we’, ‘us’, ‘our’). 

1.2  Policies incorporated into this Agreement

ACROLife’s Privacy Policy is incorporated into our agreement with you and is binding on you. If any other policy becomes binding on you, we will notify you of the policy and where it can be found. If you do not wish to be bound by that policy, you should stop using our Product.

To the extent of any inconsistency between this Agreement and any incorporated policy, the incorporated policy will prevail.

2.0 Your eligibility

(a) To be eligible to use our Products you must:

(i) be an individual who is at least 18 years old;

(ii) be capable of entering into a legally binding contract;

(iii) have a valid and verifiable email address and Australian mobile telephone number;

(iv) provide a valid delivery address in Australia; 

(v) have access to a Payment Method, for example by being the holder of a Card; and 

(vi) in connection with your use of your ACROLife Account and our Products, use your real name and true and correct personal details and not use an alias or false identity (even with the consent of the person whose identity you are using) or provide false, inaccurate or misleading personal details or seek to establish a fake, untraceable or unverifiable ACROLife Account.

(b) By entering into this agreement, you represent and warrant that you are eligible to use our Products.

 

2.1  Transfers or assignments

(a) You cannot transfer or assign any rights you may have under this Agreement without our prior written consent, which must not be unreasonably withheld.

(b) We may transfer or assign this Agreement, and any right under this Agreement, to a third party without notice to you or your consent unless the assignment will detrimentally affect your rights under the Agreement (in which case we will seek your consent prior to assignment, which consent must not be unreasonably withheld). You agree that we may appoint third party collections agencies to collect any amounts owing to us under this Agreement without your consent.

3. Your ACROLife Account

 3.1  Creating your ACROLife Account

(a) We will create your ACROLife Account when you place your first order through our Website. You may also create your ACROLife Account by visiting the ACROLife.

(b) Once your ACROLife Account is created, you will be prompted to choose and enter a secure password. You may subsequently access your ACROLife Account, using your secure password, through our Website.

(c) You are responsible for maintaining the security of your ACROLife Account details.
We will not take responsibility for unauthorised access and use of your ACROLife Account unless we have failed to take reasonable steps to prevent such unauthorised access or use.

(d) If you consider a transaction made using your ACROLife Account was not made or otherwise authorised by you, you should contact ACROLife at info@acrolife.com.au and we will investigate this as an unauthorised transaction. In the absence of such a request from you, you acknowledge and agree that we will treat any such Order on your ACROLife Account as a valid transaction for the purposes of this Agreement. 

See how we handle disputes in clause 8.2. 

3.2  Your obligations to us as a holder of an ACROLife Account

By holding an ACROLife Account with us, you agree that you must:

(a) Pay all applicable Fees associated with your use of our Products and your ACROLife Account;

(b) Not provide us with any information that is false, inaccurate or misleading (including, without limitation, in relation to your identity or personal details or by using an alias or false identity, even with the consent of the person whose identity you are using or seek to establish a fake, untraceable or unverifiable ACROLife Account);

(c) Ensure any information about you, including your contact details, is true, current and complete. If your information changes, you must update it through your ACROLife Account via our Website;

(d) Provide to us in a timely manner all documentation relating to your identity, if requested by us;

(e) Not use your ACROLife Account, our Products or Third Party Goods for any unlawful, fraudulent or improper activity , including for any experimental, testing or research purposes or otherwise in a manner for which they have not been designed;

(f) Cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity on your ACROLife Account;

(g) Pay any taxes that may apply to purchasing the goods or services where applicable (e.g. GST);

(h) Not permit others to use your ACROLife Account, or allow anyone else to have or use your account password details;

(i) Not use any technology (device, software or hardware) to damage, intercept or interfere with our Products or Website;

(j) Immediately contact us if you believe that your ACROLife Account may be subject to an unauthorised transaction, account takeover or other type of fraudulent activity or security breach;

(k) Not create liability for us or cause us to lose (in whole or in part) the services of our Retailers or Third Party Suppliers; 

(l) Authorise us to disclose Card-related profile and purchase behaviour information to third parties (including, without limitation, Visa and MasterCard) for the purpose of eliminating fraud and illicit behaviour; and

(m) Not open or use more than one ACROLife Account.

Closing your ACROLife Account

When you can close your Account

(a) You may request to close your ACROLife Account by contacting us directly. We are only able to close your ACROLife Account if all amounts owing to us by you (including any Late Fees) have been paid in full to us.

When we can close your account

(a) We may immediately limit your access to our Products and/or suspend or close your ACROLife Account, without prior notice to you, for the following reasons:

(i) we reasonably consider it necessary to do so in order to protect the integrity of our systems or the Products, prevent fraud or limit the risk of money laundering or terrorism financing; or

(ii) we are required to or instructed by a regulator, enforcement officer or court of law;

(iii) you do not pass our verifications or checks, including our pre-authorisation check described in clause 6.2(d); 

(iii) we reasonably suspect, or are aware, that you have breached this Agreement in a material respect (including by failing to make any payment due under this Agreement by the payment due date or by providing us with false, inaccurate or misleading information or using your ACROLife Account or our Products in breach of this Agreement).

(b) Other than as set out in (a) above, we may close your Afterpay Account at any time for any reason by providing you with 60 days’ prior personal notice. For how we give personal notice, see clause 9.

Consequences of closure

This Agreement will continue to apply to any Purchases accepted prior to closure (where it is immediate under (a) above or prior to notice (under (b) above) until all amounts owing (including Fees) are received in full and until all disputes and refunds are resolved/processed – see clause 5.

 

4. Orders, payments and billing

4.1  Order Confirmation and Payment Schedule

(a) All Orders which you place with ACROLife are subject to approval by ACROLife, in our reasonable discretion. We may choose not to approve an Order or provide a Product to you, or may cancel an approved Order before the goods or services are delivered or supplied, if:

(i) we reasonably consider this necessary in order to:

(A) protect the integrity of our systems or the Products;

(B) prevent fraud;

(C) limit the risk of money laundering or terrorism financing; or

(D) otherwise protect us against legal, regulatory or non-payment risk;

(ii) you do not pass our verifications or checks, including those described in clause 6;

(iii) we reasonably suspect, or are aware, that you have breached this Agreement in a material respect (including by failing to make any payment due under this Agreement on the payment due date);

(iv) an Order is made with a merchant in a different jurisdiction that is not permitted by ACROLife or

(v) we otherwise reasonably consider the Order to be suspicious.

(b) If we cancel an approved Order:

(i) we will apply a full refund of any amounts you have paid to us to your Nominated Payment Source or (if that is not possible) to any other Card that you have provided us details of, and will cancel any future payments related to that Order. In the event the approved Order is cancelled because a chargeback has been incurred by ACROLife in relation to a payment for the approved Order, that payment will not be refunded by ACROLife . Any return of funds in that event will be as between you and your issuing bank.

(ii) you will have no obligation to make any further payments to us, or any other ongoing relationship with us, with respect to that Order; and

(c) Once we approve your Order, you will receive an email from us with confirmation of receipt of your Order and a Payment Schedule.

(d) You agree to ensure that payment(s) are made in accordance with the Payment Schedule. ACROLife will automatically process payments in accordance with the due dates stated on the Payment Schedule. You authorise ACROLife to process such payments using the Payment Method details provided by you. If an Automatic Payment fails on any of the dates specified in your Payment Schedule, ACROLife reserves the right to re-attempt to process the payment at a later time or date.

 

4.2  Automatic Payments

(a) An ‘Automatic Payment’ is a payment, through the Payment Method you have chosen, that we will automatically charge directly to your nominated Card (‘Nominated Payment Source’) on a one-time or regular basis in agreed upon amounts as outlined in your Payment Schedule. You will have the option to select a Nominated Payment Source when your ACROLife Account is being created. You can update or change your preferred Nominated Payment Source or Payment Method at any time via your ACROLife Account.

(b) Subject to the other terms of this Agreement, You hereby expressly consent to, authorise and instruct  ACROLife to deduct Automatic Payment amounts from your Nominated Payment Source for the amounts and on those scheduled dates set out in your Payment Schedule. You acknowledge that you are giving us the ability to collect or reverse variable payment amounts from or to your Nominated Payment Source, in accordance with your Payment Schedule and the terms of this Agreement.

 (c) You are responsible for ensuring that you have sufficient funds in your Nominated Payment Source available to make Automatic Payments on the dates specified in your Payment Schedule. You are liable for any fees or charges imposed by your Nominated Payment Source (e.g. interest charges on a nominated credit card), except to the extent that such fees or charges arise as a result of our error or system failure. If any fees or charges are imposed as a result of our error or system failure, please provide us with a copy of the relevant records, and we will reimburse you for the relevant fees or charges.

(d) If an Automatic Payment fails (for example, if your Nominated Payment Source is a credit or debit card which has expired), Late Fees may apply unless you otherwise make the scheduled payment on or before the relevant due date. You authorise us to satisfy any monetary liability you owe us by:
(i) Debiting your Nominated Payment Source at a later time or date;

(ii) Debiting any other Card which you have provided details of; or

(iii)Any other legal means.

 

4.3 Late Payments

(a) If you fail to pay any amounts according to the Payment Schedule, Late Fees will apply on each payment that is due but not received. For the avoidance of doubt, Late Fees will not be applied until the day immediately following the day that the payment is due.

(b) We may, at our sole discretion, reasonably delay the application of, or waive wholly or partly, any Late Fee. If Late Fees are or may be incurred as a result of ACROLife’s error, please let us know, and we will waive or refund such fees, as relevant.

(c) Late Fee: $10 Late Fee if a payment is due from you but not received by ACROLife in accordance with the Payment Schedule, with a further $7 Late Fee added seven days after the payment is due if the payment is still unpaid.

5. Assessment and checks

5.1  Assessment

(a) We reserve the right to assess, and determine whether to accept or cancel, each Order in accordance with clause 4.1.

 5.2  Repayment capability and identity checks

(a) We reserve the right to verify your identity, including if required under the Anti-Money Laundering and Counter-Terrorism Financing Act. Verifying your identity does not mean we will approve your order (see clause 4.1(a) for other variables that are considered).

(b) You agree to provide any information or documentation reasonably requested by ACROLife, to verify your identity in connection with your ACROLife Account or Orders.

(c) You authorise us to make, directly or through third parties, any enquiries we consider necessary to verify your identity and assess your capability to make payments according to the Payment Schedule in relation to all ACROLife Orders. This may include performing repayment capability checks and verifying information you provide against third party databases. However, we will not conduct a credit check with a credit reporting bureau.

(d) All information that ACROLife collects about you, including information collected in connection with the verification of your identity, will be collected, used and stored in accordance with the ACROLife Privacy Policy.

 

5.3 Cancellation Policy

(a) Due to our need to commit to accommodation and other arrangements in advance, refunds will not be issued for cancellation. If you are able to find a replacement to take your place, we will happily transfer your ticket to them. Transfers must be advised and completed no later than 2 weeks prior to the retreat start date.

*If you have purchased your ticket using the exclusively discounted pricing for returning retreat attendees and acrolife high flyers only, please note that in the event you need to transfer your ticket due to cancellation (within the time frames specified above), the price difference between the full price retreat ticket and the discounted amount paid by you will need to be received by us in full prior to us accepting the ticket transfer. Please always contact us first so we can help with the facilitation of the payment amount required before arranging your transfer.

Cancellation by us
In the very unlikely event that a retreat is changed or canceled by us, we will offer you the opportunity to transfer to a future retreat or refund you in full any amount that has been paid to us for the changed or canceled retreat.

If the change or cancellation is due to force major (i.e. political unrest, war or threat of war, riots, civil strife, closure of airports or ports, industrial disputes, terrorist activity, natural and nuclear disasters, fire, epidemic health risk, acts of god, adverse weather or other similar events beyond the control of Acrolife Retreats), there will be no refunds given. We will provide the option to transfer to a future retreat. Please ensure your travel insurance policy covers you for any cancellations.

5.4 Your Health
We will send you forms to advise us of any mental or physical health conditions and dietary requirements prior to the start date of the retreat. Please ensure you disclose all information to us if you have any health conditions and/or dietary requirements that may be affected by the activities offered on our retreats.

We ask that you be mindful at all times of your own body’s capability during the retreat and adjust your participation accordingly.

If you are concerned about your health, please see a doctor prior to making your booking to check that you are sufficiently fit and healthy to undertake acro classes and other physical activities that you may choose to do whilst on the retreat.

5.5  Photographs / Video Footage
At various times throughout the retreat we may take photographs and/or video footage. We may use these images/video footage on our social media, website or other marketing material. Participants are deemed to have given consent to using these images and recordings as stated. If you have any concerns regarding this, please advise us prior to making your booking.

6. Our Intellectual Property
(a) Our Website and all content on our Website are the exclusive property of
ACROLife The information on our Website is for information purposes only and is subject to change without notice.

 (b) You must not copy, imitate, modify, alter, amend or use without our prior written consent any URLs representing our Website, or any of our content, logos, graphics, icons or other content published on our Website or in our printed media.

 
7. Notices and Communications

7.1  How we will communicate with you

(a) Other than as set out in (b) below, this Agreement and any other agreements, notices or other communications regarding your ACROLife Account and/or your use of our Products may be provided to you electronically. You agree to receive all communications from us in electronic form.

 (b) For personal notice, we may give you notice by:

(i) serving it personally at, or sending it by post to, your nominated contact address listed on your ACROLife Account; or

(ii) sending it to you via other electronic methods of communication using contact details listed on your ACROLife Account (including text messages).

(c) You consent to us using the contact details you have provided to us to:

(i) contact you on an ongoing basis for marketing purposes whether by email, SMS, phone or otherwise (unless you have notified us that you do not wish to receive such communication); and/or

(ii) contact you in relation to your ACROLife Account, our Products and/or any Goods you have purchased.

(d) You acknowledge that we (or any third party providing services on behalf of us) may monitor or record telephone conversations or electronic communication for quality control and training purposes or for ACROLife’s own protection. ACROLife does not provide any guarantee that any such monitoring or recording will be retained or retrievable.

7.2  How you can communicate with us

(a) Notices

Except as stated otherwise in this Agreement, notices to us can be given via Email: info@acrolife.com.au.

8.1  System Outages

(a) Access to our Products or our Website may occasionally be unavailable or limited due to hardware or software failure or defects, overloading of system capacity, damage from natural events or disasters or disruptive human activity, interruption of power systems, labour shortages or stoppages, legal or regulatory restrictions as well as other causes outside of our control.

(b) To the extent permitted by law, and subject to clause 2.2, ACROLife will not be liable for any loss or damage which you may incur as a result of our Products or our Website being unavailable.

8.2  Governing Law and Jurisdiction

(a) This Agreement is governed by the law in force in New South Wales, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of courts exercising jurisdiction in New South Wales, Australia.