TERMS AND CONDITIONS

LAST UPDATED 10TH FEBRUARY 2025

Please read these Terms and Conditions (“Terms”, “Terms of Service”, “Legal Terms”, “T&C’s”, “Policy”, “Policies”) carefully before purchasing our products (“Products”) or services (“Services”) and/or utilising www.unearthedremedy.org (“website”. “site”) operated by Unearth Remedy (“us'“, “we”, “our”, “the company”, “the business”). By purchasing our products or services, and/or accessing our website, you accept, comply, agree, and are bound to all of our Terms and Policies.

These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Unearth Remedy, concerning your access to and use of the Products, Services and Website. You agree that by accessing the Products, Services and Website, you have read, understood, and agreed to be bound by all of these Terms.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PRODUCTS, SERVICES AND WEBSITE, AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental Terms and Conditions or documents that may be posted on our Website or Third-Party platforms from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to the Terms from time to time. We will alert you about any changes by updating the “last updated’ date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review the Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use and/or purchase of our Products, Services and/or Website, after the date such revised Terms are posted.

The Products and Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Products and Services.

ACCURACY, ERRORS & OMISSIONS:

We have made every effort to present you with correct and up-to-date information in our Products, Services and Website. However, we cannot be held accountable, liable, or responsible for the accuracy, usefulness, timeliness, or availability of our content and information transmitted.

We do not claim that our Products, Services and Website are free of errors or omissions, that mistakes will be corrected, or that our site or content are free of viruses or any other harmful components. There may be information on our Products, Services and Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Products, Services and Website at any time, without prior notice. Our supplementary resources are provided as is without warranties of any kind.

ASSUMPTION OF RISK:

Under no circumstances shall Unearth Remedy be held liable for any damages that may arise from the use of our products, services and website. Our liability is limited to the fullest possible extent permitted by law.

You agree that you are voluntarily purchasing our products and services. You are using your own judgment in accessing our products and services, and you are doing so at your own risk.

Hence, you are solely responsible for your actions and decisions based on the use, misuse, or non-use of our products and services.

BREATHWORK CONTRAINDICATIONS:

Due to the nature of breathwork and the effect it has on our nervous system and endocrine system, there are some medical contraindications you are required to consider before undertaking our services.

For certain types of medical and health conditions, breathwork is not safe or suitable. With other conditions, we can be attentive and adjust your session accordingly.

We require all participants to fill out an intake form and sign a waiver prior to their appointment, class, or private event, including subsequent appointments, classes, and events. We highly encourage you to be honest and upfront about any health conditions, illnesses and injuries that may affect your session. This ensures we can provide the right service for you and also adjust your session accordingly.

We highly recommend you speak with your GP or medical professional prior to booking your appointment. This list is not exhaustive. If you have a condition not listed, consult your GP or medical professional before starting breathwork.

All your medical and health-related information provided will remain confidential.

Contraindications that are not safe to practice breathwork:

Aneurysm in brain or abdomen
Currently taking/prescribed Blood Thinning Medications
Cardiovascular disease (angina, previous heart attacks, or strokes)
Detached retina
Dissociative Identity Disorder (DID), previously known as multiple personality disorder
All forms of Epilepsy
Glaucoma
High Blood Pressure - strong emotional release and/or intense physical movement can exacerbate high blood pressure issues, raising it even higher than it is.
Kidney disease
Mental Illness (including Bipolar Disorder, Borderline Personality Disorder, Schizophrenia)
Pregnancy - some breathwork facilitators will work with women in certain trimesters of pregnancy. But due to no long term testing available and the unknown effect trauma release may have on your baby in utero, we have a strong personal preference to not facilitate pregnant women.
PTSD - Many clients have had profound experiences in regards to PTSD. However, if you have a severe case and are under a therapist’s care, we ask that you get their approval to participate so we are sure that you are grounded enough to handle what might come up during the session, including possibly reliving the experience which caused the PTSD in order to release it out of your system. We also strongly believe that it's best to work with a facilitator who has personal experience with the type of PTSD you have to ensure you are safely supported throughout.
Recent Surgery - a minimum of 6 months post surgery is required to attend our breathwork sessions.
Severe Asthma
Any other medical, physical or psychiatric condition which would impair or affect the ability to involve in deep physical and emotional release.

BREATHWORK WAIVER:

By electronically or physically signing this Breathwork Waiver, you agree that Unearth Remedy does not guarantee results, outcomes, nor will we be held responsible for legal or financial consequences of your purchase and use of our breathwork services. You agree to take personal responsibility for your breathwork process. This practice is not a substitute for medical advice. The facilitators cannot be held responsible for any mental, physical, health or emotional challenges that may arise from this work. Unearth Remedy takes no responsibility for any injuries and/or death sustained as a result of participating in these sessions.

I, the participant, ("the Releasor/attendee"), understand and acknowledge the following:

Unearth Remedy's sessions are not intended to replace any relationship I have with my medical doctor and/or primary health care provider(s).
The sessions are not intended to constitute medical advice or any substitution for medical care.
The sessions are not intended to be relied on for prescriptions, recommendations, diagnosis, or treatment in relation to any health problem or disease.

I certify that:

It is my responsibility to consult a health professional regarding any physical, mental, or emotional condition that could interfere with my judgment or affect my health during or after any session.
I am responsible for consulting my health care provider or doctor in case I have or suspect I am suffering from a health problem.
I have reviewed Unearth Remedy’s Breathwork Contraindications and confirm that I do not currently or previously have or are being treated for any of the listed medical conditions or health concerns.

I understand and acknowledge that:

My participation is at my own risk.
The stories or testimonials presented do not constitute a warranty, guarantee, or prediction regarding my experience.
Unearth Remedy makes no warranty, guarantee, or prediction about any particular state of awareness or consciousness during or after any session.
My participation does not establish a client-practitioner relationship or any other type of therapeutic or professional relationship between me and the facilitator.
I agree to assume and accept full complete responsibility for any known and unknown risks associated with my participation in any session, including any physical injury, psychological or emotional effects, death, loss, or property damage.
I release and discharge Unearth Remedy and its practitioners, officers, employees, and agents from any and all claims, demands, causes of action, damages, or liabilities whatsoever, known or unknown, anticipated or unanticipated, suspected or unsuspected, arising out of or related to any and all sessions.

CANCELLATION POLICY:

Class & Private Appointment Cancellation Policy:

We have a strict no cancellation policy. All sales are final. Full payment is required upfront to lock in your private appointment, or class booking, including all packages, bundles, class passes and gift vouchers. All no shows will not be refunded or allowed to reschedule.

Private Events Cancellation Policy:

All private events require a 50% non-refundable deposit upfront to be paid to secure the event date and time. This deposit is non-refundable if the event is cancelled at any time or rescheduled to another date in which we are unable to provide our services due to unavailability.

CLASS LIABILITY WAIVER:

By booking into an Unearth Remedy class you agree that:

Unearth Remedy is in no way responsible for the safekeeping of my personal belongings while I attend class.
Unearth Remedy does not assume responsibility for any lost or stolen personal property. If you do become the victim of a theft, immediately report it to an Unearth Remedy staff member who will try and assist you to the best of their ability.
Classes may be physically, mentally and emotionally strenuous and I voluntarily participate in them with full knowledge that there is risk of personal injury, property loss or death.
You, your heirs, assigns or legal representatives fully release Unearth Remedy (and its associated entities, members, employees and contractors) from any claim, loss, damage or expense of any kind including in relation to personal injury, property damage/loss, or wrongful death, occurring at a Unearth Remedy studio or elsewhere, whether caused by negligence or otherwise.
As with any form of exercise, physical, mental, and emotional exertion, participation in our Pilates and Breathwork classes (“Classes”) may involve certain risks to your health and safety. Any participants in our Classes (“You”) warrant that you are not suffering from any injury, illness or condition that may prevent you from safely participating in our Classes.
You agree to comply with all directions and guidelines that are given to you by us, our instructors and our staff members with respect to proper and safe participation in our Classes.
You understand that, from time to time, we may suggest physical adjustments, and breathing adjustments or use of equipment and it is your sole responsibility to determine if any such direction or suggestion is appropriate for your level of skills and abilities, including any physical or mental condition and/or limitation you have.
If you are participating in the prenatal or postnatal Pilates classes, you warrant that by registering for a Class or participating in the Class, you have received medical clearance from your doctor or a medical practitioner that you are fit and well to engage in such activities. If requested you must provide us with such written confirmation from your doctor or medical practitioner, and we may cancel your subscription, class pass package or membership based on medical conditions or false representations.
By participating, you willingly assume all risks, including injury or death, and release Unearth Remedy and its affiliates from liability related to the Classes.
Neither we, our instructors or our staff members are trained medical practitioners. Our directions, advice and assistance should not be taken as a substitute for professional medical advice. Before participating in any Class, you must consult a trained medical practitioner to confirm your ability to participate in that Class. You acknowledge that you may be required to obtain a medical certificate to participate in a Class.

CLASS START & FINISH TIMES POLICY:

Please be aware our Breathwork and Pilates classes are on a first come first serve basis. To avoid disappointment, our classes can be booked up to 90 days in advance. If you are unable to make your class please ensure that you reschedule to allow another client the opportunity to book in. If your class is cancelled due to an unforeseen circumstance you will be contacted via text, phone or email.

Doors open 15-minutes prior to the start time of the class. Please arrive at the location, within 5-minutes prior to the start time of the class. The doors will be locked at the start time and whilst classes are running to ensure privacy, safe warm-ups, protection of personal property and no disruptions for class attendees. Unfortunately we do not allow for any late entries to classes (late arrivals are marked as a no-show).

We understand that life sometimes doesn’t go as planned, and you may be running late, but we are not able to hold the class start time. We suggested planning ahead, including allowing for adequate travel time, unforeseen traffic delays, and finding a safe place to park your vehicle.

For our Mount Lawley studio location, we suggest utilising the free parking bays at Brear Park, located on either its Central Avenue or Fifth Avenue entrances.

For our Fremantle location, we suggest utilising the street parking on South Street, Carnac Way and Francisco Street.

Be sure to check any street signage and parking limitations set by the local council as these are subject to change. Unearth Remedy is not liable for any parking infringements you may receive whilst attending any of our services.

CLASS CODE OF CONDUCT:

When attending our class studio location or event location, you agree to:

use all equipment with care and as instructed by the facilitator;
respect and follow directions of the facilitator at all times;
not disrupt the class or threaten the environment in any way; and
be respectful and courteous to other people in the class including the facilitator.
Unearth Remedy and its representatives have the right to remove you from the class and/or event and not allow you to return to the studio or event location (in which case, at our sole discretion, you may be refunded the remainder of any class pass credits) if in their opinion you breach the above.

COPYRIGHT INFRINGEMENTS:

We respect the intellectual property rights of others. If you believe that any material available on or through the Products or Services infringes upon any copyright you own or control, please immediately notify us at: hello@unearthremedy.org (a ‘Notification’). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Product or Services infringes your copyright, you should consider first contacting an attorney.

DISCLAIMER:

The Products and Services are provided on an as-is and as-available basis. You agree that your use for the Products and Services will be at your sole risk, to the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Products and Services, and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Products and Services content or the content of any Websites or Mobile Application linked to the Products and Services and we will assume no liability or responsibility for any:

Errors, mistakes, or inaccuracies of content and materials;
Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Products and Services;
Any authorised access to or use of our secure Servers and/or any and all personal information and/or financial information stored there-in;
Any interruption or cessation of transmission to or from the Products and Services;
Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Products and Services and any Third-Party;
Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Products, Services and/or Website.
We do not warrant, endorse, guarantee, or assume responsibility for any Product, Service or Website advertised or offered by Third=Party through the Products or Services, any hyperlinked Website, or any Website or Mobile Application featured in any manner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any Third-Party providers of Products or Services, as with the purchase of a Product or Service through any medium or in any environment, you should use your best judgement and exercise caution where appropirate.

DISPUTES RESOLUTION:

You agree to irrevocably submit all disputes related to these Terms or the legal relationship established by these Terms to the jurisdiction of the Australia courts. Unearth Remedy shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Terms are entered into in the course of your trade or profession, the state of your principal place of business.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES:

Visiting the Products, Services or Website, sending us emails, completing online forms and waivers constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, WAIVERS, FORMS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PRODUCTS, SERVICES OR WEBSITE.

You hereby waive any rights to requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

FORCE MAJEURE:

We will not be liable to you for any failure or delay in performance, if it is caused by acts or circumstances beyond our reasonable control. Our failure or delay will not constitute a breach of this agreement if they are caused by any of the following, without limitation:

Acts of God (e.g. flood, fire, earthquake)
Civil unrest and armed conflict (e.g. war, invasion, terrorism, riot)
Disease outbreak (e.g. pandemic, epidemic)
Labor dispute (e.g. lockout, strike)
Technological breakdown (e.g. server failure, power outage)

GOVERNING LAW:

These Terms shall be governed and construed in accordance with the laws of Western Australia, Australia, without regard to its conflict of law provisions.

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

GUIDELINES FOR REVIEWS:

We may provide you areas of the Products or Services, including Third-Party sites or links, to leave reviews or ratings. When posting a review, you must comply with the following criteria:

you should have firsthand experience with the person/entity being reviewed;
your reviews should not contain any offensive profanity, or abusive, racist, offensive, or hateful language;
your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, martial status, sexual orientation, or disability;
your reviews should not contain references to illegal activity;
you should not be affiliated with competitors if posting negative reviews;
you should not make any conclusions as to the legality of conduct;
you may not post any false or misleading statements; and
you may not organise a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sub-licensable right and licence to reproduce, modify, translate, transmit by any means, display, perform. and/or distribute all content relating to a review.

INDEMNIFICATION:

You agree to absolve, indemnify, defend and hold Unearth Remedy harmless, including our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any loss, damage, liability, claim, or demand, including any attorneys’ fees and expenses, made by any third party due to or arising out of:

use of the Services;
breach of these Legal Terms;
any breach of your representations and warranties set forth in these Legal Terms;
your violation of the rights of a third party, including but not limited to intellectual property rights; or
any overt harmful act toward any other user of the Services with whom you connected via the Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

INTELLECTUAL PROPERTY RIGHTS:

Our Intellectual Property:

We are the owner and/or licensee of all intellectual property rights in our Products, Services and Website, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Products, Services and Website (collectively, the ‘Content’), as well as the trademarks, service marks, and logos contained therein (the ‘Marks’).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in Australia and around the world.

Your use of our Products, Services and Website subject to your compliance with these Terms, including the ‘PROHIBITED ACTIVITIES’ section below, we grant you a non-exclusive, non-transferable, revocable licence to:

access the Products, Services and Website; and
download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Terms, no part of the Products, Services or Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of our Products, Services, Website, Content, or Marks other than as set out in this section or elsewhere in our Terms, please address your request to: hello@uneathremedy.org . If we ever grant you the permission to post, reproduce, or publicly display any part of our Products, Services, Website or Content, you must identify us as the owners or licensors of the Products, Services, Website, Content or Marks, and ensure that your copyright or proprietary notice appears or is visible on positing, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Products, Services, Website, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Terms and your right to use our Products, Services, Website, and Content will be terminated immediately.

Your submissions and contributions:

Please review this section and the ‘PROHIBITED ACTIVITIES’ section carefully prior to using our Products, Services, Website, and Third-Party sites, to understand the:

rights you give us; and
obligations you have when you post or upload any content through our Products, Services, Website or Third-Party sites.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about our Products or Services (‘Submissions’), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination of any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. Any Submission that is publicly posted shall also be treated as Contributions.

Contributions: The Products or Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, in-person discussions, and other functionality during which you may be provided with the opportunity to create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Products or Services or Third-Party sites, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (‘Contributions’). Contributions may be viewable by other users of the Products or Services and through Third-Party websites. As such any Contributions you transmit may be treated as non-confidential and non-proprietary.

When you create, make or post any Contributions, you hereby represent, warrant and grant us a licence (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to:

use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise; and
to prepare derivative works of, or incorporate into other works, your Contributions; and
to sub-licence the licences granted in this section.

Our use and distribution may occur in any media formats and through any media channels.

This licence includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images, videos and graphics you provide.

When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral right of any third party.
You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Products and Services, and other users of the Products and Services to use your Contributions in any manner contemplated by the Products or Services and these Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Products or Services and these Terms.
Your Contributions are not false, inaccurate or misleading.
Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailing, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other persons and to promote violence against a specific person, gender, or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, human child trafficking, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical disability or handicap.
Your Contributions do not otherwise violate, or link to material that violates any provision of these Terms, or any applicable law or regulation.
Any use of the Products or Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Products or Services.

You are responsible for what you post or upload: By sending us Submission and/or posting Contributions through any part of the Products or Services or making Contributions accessible through the Products or Services by linking your account through the Products or Services to any of your social networking accounts, you:

confirm that you have read and agree with our ‘PROHIBITED ACTIVITIES’ and will not post, send, publish, upload, or transmit through the Products or Services and Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licences to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
warrant and represent that your Submission and/or Contribution do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we way suffer because of your breach of:

this section;
any Third-Party’s intellectual property rights'; or
applicable law.

We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions and any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the relevant authorities.

COPYRIGHT INFRINGEMENT:

We respect the intellectual property rights of others. If you believe that any material available on or through our Products or Services infringes upon any copyright you own or control, please refer to the ‘COPYRIGHT INFRINGEMENTS’ section above.

LIMITATIONS OF LIABILITY:

In no event shall we or our directors, employees, contractors, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including loss of profit, lost revenue, loss of data, or any other damages arising from your use of the Products and Services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, out liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the less of the amount paid, if any, by you to us during the three (3) month period prior to any cause of action arising. Certain Australian Laws and International Laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, so or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

MODIFICATIONS AND INTERRUPTIONS:

We reserve the right to change, modify, or remove the contents of the Products, Services and Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Products, Services and Website. We also reserve the right to modify or discontinue all or part of the Products, Services and Website without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Products. Services and Website.

We reserve the right to change our physical location and accessibility of where we host our Products and Services at any time for any reason at our sole discretion without notice.

We cannot guarantee the Products, Services and Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Products, Services and Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Products, Services and Website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Products, Services and Website during any downtime or discontinuance of the Products, Services and Website. Nothing in these Terms will be construed to obligate us to maintain and support the Products, Services and Website or to supply any corrections, updates, or releases in connection therewith.

MISCELLANEOUS:

These Terms and any Policies or operating rules posted by us on our Product, Services or Website, or in respect to the Products, Services or Website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Products, Services or Website. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

PRIVACY POLICY:

We care about data privacy and security. Please review our Privacy Policy: https://www.unearthremedy.org/privacy-policy . By using our Products, Services or Website, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Products, Services and Website are hosted in Australia. If you access the Products, Services or Website from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Australia, then through your continued use of the Products, Services and Website, you are transferring your data to Australia, and you expressly consent to have your data transferred to and processed in Australia.

PRODUCTS & SERVICES:

The information provided when using our Products and Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access our Products and Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Products and Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc), so if your interactions would be subject to such laws, you may not use the Products and Services. You may not use the Products and Services in a way that would violate the Gramm-Leach-Bailey Act (GLBA).

By purchasing either a Product or Service from Unearth Remedy, you agree not to disclose or communicate information about Unearth Remedy’s practice, materials, or methods to any third parties. You also agree not to give content from any of Unearth Remedy’s systems or any other original content to other parties OR replicate, repurpose or sell our work in your own Services or Products.

We make every effort to display as accurately as possible the colours, features, specification and details of the Products and Services available on our Website. However, we do not guarantee that the colours, features, specifications, and details of the Products or Services will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the Products or Services.

All Products and Services are subject to availability, and we cannot guarantee that items will be in stock.

We reserve the right to discontinue any Products or Services at any time, for any reason.

Prices for all Products and Services are subject to change at any time, for any reason.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Products or Services.

PROHIBITED ACTIVITIES:

You may not access or use the Products or Services for any purpose other than that for which we make the Products or Services available. The Products or Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Products or Services, you agree not to:

Systematically retrieve data or other content from the Products or Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Products or Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Products or Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Products or Services.
Use any information obtained from the Products or Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Products or Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorised framing of or linking to the Products or Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Products or Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Products or Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').
Interfere with, disrupt, or create an undue burden on the Products or Services or the networks or services connected to the Products or Services.
Harass, annoy, intimidate, or threaten any of our employees, contractors or agents engaged in providing any portion of the Products or Services to you.
Attempt to bypass any measures of the Products or Services designed to prevent or restrict access to the Products or Services, or any portion of the Products or Services.
Copy or adapt the Products or Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Products or Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Products or Services, or use or launch any unauthorised script or other software.
Use a buying agent or purchasing agent to make purchases on the Products or Services.
Make any unauthorised use of the Products or Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
Use the Products or Services as part of any effort to compete with us or otherwise use the Products or Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
Use the Products or Services to advertise or offer to sell goods and services.
Sell or otherwise transfer your profile.

PURCHASES AND PAYMENTS:

We accept the following forms of payment:

Visa
Mastercard
Google Pay (via Stripe)
Apple Pay (via Stripe)
PayPal (you will be redirected to PayPal on checkout)

Our primary Payment Processor is Stripe. You can view their Privacy Notice here - https://stripe.com/au/privacy

You agree to provide current, complete, and accurate purchase and account information for all purchases made via our Website or Acuity Scheduling. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Any Sales Taxes deemed required by us, will be added or included to the price of purchases. We may change prices at any time. All payments shall be in Australian Dollars ($AUD).

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment method for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

Any additional service charges or fees for using third-party payment methods are your sole responsibility.

We reserve the right to refuse any order or purchase through our Website or Acuity Scheduling. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders or purchases that use the same billing or shipping address. We reserve the right to limit or prohibit orders or purchases that, in our sole judgement, appear to be placed by dealers, resellers, distributors or flagged as fraudulent.

All sales are final. We do not offer refunds or exchanges for any courses, services or products purchased through our site.

By completing your purchase, you acknowledge and agree that no refunds will be provided for any reason. Please ensure you review all app details, product details, course outlines and service descriptions carefully before purchasing.

If you have any questions about an app, course, service or product, feel free to get in touch for additional information prior to completing your purchase.

REFUND POLICY:

Class & Private Appointments Refund Policy:

As we require all class and private appointments to be paid upfront, all sales are final and we do not offer refunds. We highly recommend prior to booking, you check your schedule and availability to ensure you can attend the scheduled class or private appointment day, time and duration.

Under special circumstances we may allow you to transfer your booking to another person. This is subjected to certain criteria and at our sole discretion. We reserve the right to deny this request at any given time. In order for us to consider your request to transfer your ticket to another person, we require 48-hours notice in writing via email, outlining the reason for the request, and full name, email and contact number of the intended transfer ticket holder. This request must come from the original email address used to make the booking. We do not allow transfers of private appointments.

If you believe you have been wrongly charged for a service, please contact us immediately at hello@unearthremedy.org . We will investigate the issue and, if necessary, issue a refund for the incorrect charges. We will not refund incorrect charges or difference in discount if you have not applied the correct discount coupon code on checkout.

Private Events Refund Policy:

All private events require a 50% non-refundable deposit to be paid to secure your booking. The event must be confirmed seven (7) days prior to the event start date. The balance is due five (5) days from the event date. Failure to pay the balance prior to the event date will forfeit our Services and will render your Contract and/or Service Agreement void. We do not issue Refunds for Private Events if you change your mind or cancel your event.

Acts of God (e.g. flood, fire, earthquake)
Civil unrest and armed conflict (e.g. war, invasion, terrorism, riot)
Disease outbreak (e.g. pandemic, epidemic)
Labor dispute (e.g. lockout, strike)
Technological breakdown (e.g. server failure, power outage)

Digital Products Refund Policy:

Due to the non-tangible, digital nature of our digital products, we do not issue refunds or exchanges if you are unsatisfied with them. Please review each digital product sales page and description prior to purchase. Kindly contact us if you have any other questions or require clarification prior to purchase.

Unearth Remedy reserves the right to refuse the delivery of a digital product for any reason. If payment was made before refusal, we will promptly issue the refund. You acknowledge that we do not have control over the third-party payment processor and associated fees.

If you believe you have been wrongly charged for a digital product, please contact us immediately at hello@unearthremedy.org . We will investigate the issue and, if necessary, issue a refund for the incorrect charges. We will not refund incorrect charges or difference in discount if you have not applied the correct discount coupon code on checkout.

RESCHEDULING POLICY:

In case of a medical emergency or extenuating circumstances, contact us immediately for options. We reserve the right to not refund or reschedule class bookings, private appointments, and private events at any time. This includes those who continually request to reschedule their booking and/or appointment. By booking via Acuity Scheduling and/or privately through us, you agree to this policy and terms.

Class & Private Appointment Rescheduling Policy:

We have a minimum 48-hour rescheduling policy for all classes and private appointments. If you do not reschedule your class outside of the relevant cancellation period or are a no-show/absent from your class you will lose your class and/or private appointment.

All classes and private appointments can be rescheduled via Acuity Scheduling (our booking platform) if you have created an account or from your original confirmation email received after booking your class or private appointment. We are unable to reschedule your appointment via phone, email, or social media.

All no shows will not be refunded or allowed to reschedule.

Private Events Rescheduling Policy:

All private events must be confirmed seven (7) days prior to the event start date. If the event is required to be rescheduled we require written notice via email, outlining reasons why the event is to be rescheduled. We also require an immediate update (no later than two (2) days after receiving your notice) on the date and time the event is to be rescheduled. We hold no liability if we are unable to provide our services on the requested rescheduled date and time and you are in agreement that the 50% deposit paid will not be refunded if we are unable to provide our agreed services on the new scheduled event date and time.

SERVICES MANAGEMENT:

We reserve the right, but not the obligation, to:

monitor the Services for violations of these Terms;
take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities;
in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

SEVERABILITY:

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SMS NOTIFICATIONS & APPOINTMENT REMINDERS:

Opt-Out:

If at any time you wish to opt-out of our SMS appointment notifications, simply reply “STOP” to the text message. You may receive a follow up SMS text to confirm your opt-out.

Data Rates:

Data rates may apply to any SMS text message sent or received. Data rates are determined by your carrier and the specifics of your mobile plan. We are not responsible for any charges you may incur.

TERMINATION:

We may terminate or suspend access to our Products and/or Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

If we terminate or suspend your account or access to our Products and/or Services for any reason, you are prohibited from registering, purchasing or creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account or access, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

TESTIMONIALS DISCLAIMER:

All testimonials presented on our website, social media and marketing publications are true to the individuals who contributed them. However, they are individual results and are not representative of all those who will purchase our products and services.

These statements are merely intended to demonstrate what the best and most motivated users have achieved with our products and services.

THIRD-PARTY WEBSITES AND CONTENT:

The Products or Services may contain (or you may be sent via our Website or Social Media Link) links to other websites ('Third-Party Websites') as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ('Third-Party Content'). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Products or Services or any Third-Party Content posted on, available through, or installed from the Products or Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Products or Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Products or Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

USER DATA:

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

USER REGISTRATION:

You may be required to register for an account to use our Products or Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

USER REPRESENTATIONS:

By using our Products or Services, you represent and warrant that:

all registration information you submit will be true, accurate, current and complete;
you will maintain the accuracy of such information and promptly update such registration information as necessary;
you have the legal capacity and you agree to comply with these Terms
you are not a minor in the jurisdiction in which you reside
you will not access the Products or Services through automated or non-human means, whether through AI, a bot, script or otherwise;
you will not use the Products or Services for any illegal or unauthorised purpose; and
Your use of the Products or Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Products or Services (or any portion thereof).

CONTACT US:

If you have any questions regarding our Terms or use of our Product, Services, Website or Third-Party sites, please contact us at:

Unearth Remedy

Phone: 0447 079 175

Email: hello@unearthremedy.org

TERMS AND CONDITIONS

UNEARTH YOUR REMEDY