Terms and Conditions

GENERAL TERMS AND CONDITIONS OF SUPPLY

To the fullest extent legally permissible all dealings between each client (including all related and/or associated companies and/or other entities, all successors and/or assigns and in the client’s own capacity and as trustee of each and every trust of which the client is trustee) [jointly “the Client”] and Neomal Silvas Meditation ABN 37 584 112 575 (and/or any successors and/or assigns) whether trading as “Neomal Silvas Meditation” and/or otherwise [“NSM”] relating to any training, instruction, course, session, material and/or publication, the Vedic Meditation Course, etc [the “Services”] are subject to the following terms and conditions [“these Terms”] unless otherwise expressly agreed in writing:

  1. Price and Payment: a) The prices of the Services are as published by NSM and/or are nominated on the payment page of NSM’s website at the time of enrolment or purchase. Prices exclude GST, which will be changed on any taxable supply. b) Any discounted or promotional offers or coupons are open for acceptance or use within 48 hours of being offered (or such other period as determined by NSM) after which they shall expire. c) Payment (including any applicable GST) is required in full at the time of enrolment or purchase and prior to provision of any Services., or as otherwise stipulated by NSM d) In the event that payment is not received prior to provision of Services, payment shall be made immediately upon invoice.
  2. Interest: Interest shall be charged on overdue invoices at the current Penalty Interest Rates Act 1983 (Vic.) interest rate plus 2%.
  3. Services and Delivery: a) The Services available are detailed on the NSM website and/or otherwise as published by NSM.. b) NSM may deliver the Services at its discretion including but not limited to time, place and format (being online or in person). c) The Client must attend an Introductory Talk “Intro Talk” prior to any booking being accepted for the 4-session Vedic Meditation Course. d) The Client shall only be entitled to attend group meditation sessions once having completed four in person sessions. e) The Client acknowledges that in order to maximise the likelihood of positive results, the Services should be delivered in a manner advised by NSM. f) For the Vedic Meditation Course, the Services are designed so that the Client attends consecutive sessions. g) The Client warrants to NSM that the Client has no underlying physical, medical or mental health issues which could be impacted or aggravated by the Services. h) The Client must immediately notify NSM if he or she becomes aware of any physical, medical or mental health issues which could be impacted or aggravated by the Services.
  4. Cancellations, Modifications and Refunds: a) The Client shall not be entitled to a refund for any amounts paid in the event that the Client cancels, is late to or fails to attend any of the Services. b) NSM may, in its absolute discretion, allow the Client to change any session(s) or program(s) for the Services. c) In the event that NSM cannot accommodate a request to change sessions, no refund will be offered. d) NSM may cancel and/or reschedule any of the Services at its discretion and without liability to the Client. e) In the event that NSM cancels or reschedules the Services, NSM may in its discretion offer the Client a credit for the Services to be used at a future date acceptable to NSM. f) The Client cannot transfer any enrolment or the Services to another party.
  5. Exclusions: a) NSM is not a medical practitioner and is not giving any medical advice as part of the Services, nor should the Client treat anything provided by NSM as medical advice. b) NSM gives no warranty and makes no promise about the results the Client will achieve through receiving the Services. c) The Client acknowledges that results from the Services vary from person to person.
  6. Default: a) On default or breach of any part of these Terms by the Client the full balance of all unpaid monies shall be immediately due and payable and NSM may inter alia terminate any contract and/or cancel the Services without prejudice to any other rights and without being liable in any way to any party. b) The Client agrees to indemnify NSM for all fees and expenses payable to lawyers, mercantile agents and/or other parties acting on behalf of NSM in respect of anything instituted or being considered against the Client whether for debt or otherwise (including all legal costs on an indemnity basis). c) NSM may apply any payment in reduction of fees, interest and/or any principal debt in such order of priority as NSM in its discretion deems appropriate.
  7. Consumer Guarantees & ACL: The Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) [“ACL”] provides consumers with certain consumer guarantees and rights in relation to certain transactions concerning goods and/or services (see www.consumerlaw.gov.au). Any rights the Client may have under the ACL shall apply notwithstanding any inconsistent provisions in these Terms which shall be read down to the extent necessary to comply with the ACL and which shall otherwise apply to the fullest extent legally permissible.
  8. Limitation of Liability: To the extent permitted by the ACL: a) the Client agrees to limit any claim to the re-supply of Services (or cost thereof); b) NSM shall not be liable for any Consequential Loss and/or any special and/or punitive damages through any fault and/or negligence of NSM; and c) for the purposes of clause 8b) “Consequential Loss” includes but is not limited to: loss of profits, loss of revenue, loss of opportunity, loss of goodwill and/or loss of contract.
  9. Variations: To be binding any variation or cancellation of these Terms must be approved by NSM in writing.
  10. Indemnity: The Client fully indemnifies NSM against any claim and/or loss arising from or related in any way to any dealing between NSM and the Client and/or arising under these Terms or out of the provision of the Services.
  11. Intellectual Property: The Client agrees that all intellectual property in the creation of the Services shall be and remain the exclusive property of NSM.
  12. Other Terms and Conditions: No terms and conditions sought to be imposed by the Client upon NSM shall apply.
  13. Jurisdiction: The Client agrees that these Terms and any claim or dispute between NSM and the Client shall be governed by the law applicable in the State nominated by NSM and the Client agrees to submit to the jurisdiction of the appropriate Court nominated by NSM in the capital city of that State. If no State is nominated then Victoria shall be deemed to be the nominated State.
  14. Waiver: An election by NSM not to exercise any rights on any breach of these Terms shall not constitute a waiver of any rights relating to any other breach.
  15. Force Majeure: NSM shall not be in default or in breach of these Terms and/or any contract with the Client as a result of any Force Majeure including but not limited to any pandemic, epidemic or other reason beyond NSM’s control.
  16. Severability: Any part of these Terms shall be capable of severance without affecting any other part of these Terms.
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