Student Terms and Conditions
- The below Terms and Conditions set out the legal Agreement between OneQuest Pty Ltd ACN 657 634 985 (‘OneQuest’) and the User, under which OneQuest provides Mindful Movement and Wellness Training content, for a fee, on its Website.
- By Purchasing a Course or Retreat, you hereby agree to be bound by the Terms and Conditions of this Agreement.
- OneQuest reserves the right to update, vary or change the Terms and Conditions of this Agreement at any time in the future.
- OneQuest maintains a version register to ensure any changes and variations to the Terms and Conditions of this Agreement are recorded.
In the interpretation of this Agreement:
- references to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;
- words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or deeds also mean those documents or deeds as changed, novated or replaced, and words denoting one gender include all genders;
- grammatical forms of defined words or phrases have corresponding meanings;
- Parties must perform their obligations on the dates and times fixed by reference to the capital city of New South Wales, Australia; and
- references to a party are intended to bind its and their executors, administrators and permitted transferees.
“Agreement” means these agreed to Terms and Conditions between One Quest and the User.
“Business Day” means any day not including weekends or gazetted public holidays in the state of New South Wales.
“Coach” means an instructor who supplies content to OneQuest in the form of Courses and Retreats which are available for Purchase on the Website.
“Course/Retreat” means the digital media content supplied to OneQuest, by a Coach, which is published on the Website and available for Purchase by the User.
“Purchase” means the process of completing payment for a Course or Retreat on the Website.
“Refund” means the reimbursement of a User’s payment for a Course or Retreat, Purchased on the Website.
“Terms and Conditions” mean the Terms and Conditions contained in this document in full. All Terms and Conditions are applicable to each Purchase by a User.
“User” means any person who Purchases a Course or Retreat on the Website.
“Validity Period” means the period of time which a Course or Retreat is available on the Website. The Validity Period for a Course is 6 months. The Validity Period for a Retreat is 1 month.
“Website” means the URL, www.onequest.life
- OneQuest agrees to provide the User with the Course or Retreat that they have Purchased or OneQuest will Refund the cost of the Course or Retreat, provided an alternate booking cannot be made. Any alternate booking must be of the same dollar value of the original, unavailable Course or Retreat. For the purpose of this clause 3, an “alternate booking” is a situation where a User accepts, as a Purchase, a different Course or Retreat to that which they originally booked, because their original Purchase is unavailable.
- OneQuest reserves the right to refuse a Purchase at any time. If a Purchase is refused, the User will be notified within five Business Days after the Purchase was made. A refund will be processed on the 15th day of the following month.
- All Purchases may be canceled by OneQuest if the User breaches any of the Terms and Conditions of this Agreement. OneQuest will notify the User in writing within five Business Days if a Purchase has been canceled.
- OneQuest aims to provide accurate information on its Website at all times, however, as each Coach has the option to update and change a Course or Retreat at any time, OneQuest is not bound by obvious mistakes on its Website.
- OneQuest is entitled to make any necessary changes required to correct any Course or Retreat on its Website that is found to be inaccurate or outdated.
- A Course or Retreat will not be available to a User once the Validity Period has expired. The User agrees that the Terms and Conditions of this Agreement survive the expiration of any Validity Period whilstever the User is able to access the Quester Zone.
5. Execution of the agreement
- By Purchasing a Course or Retreat, the User agrees to the Terms and Conditions as set down in this Agreement.
- The User and OneQuest agree that a validly executed Agreement is established by electronic acknowledgement as soon as the User Purchases a Course or Retreat. The fact that there is no written, wet signature, does not mean that the Terms and Conditions of this Agreement are not binding.
- OneQuest utilises third party services such as Vimeo and other website hosting platforms that OneQuest does not manage. The User agrees to hold OneQuest harmless for any issues relating to the useability of its Website which is because of the functionality of a third-party service.
- OneQuest will correct any technical issues on its Website as soon as practicable once they have been identified.
- The User is required to provide accurate personal information at the time of Purchasing any Course or Retreat on the Website. If the User uses an alias to access the Website, it does not mean that the Terms and Conditions of this Agreement are void. OneQuest reserves the right to cancel any booking made by a User if an alias has been used.
- The User guarantees that all information provided to OneQuest is correct and complete. OneQuest is not liable for damage resulting from incorrect and/or incomplete information provided by the User.
- If the User concludes that OneQuest has failed in the delivery of a Purchase, the User must inform OneQuest of this in writing without delay, and no later than within fourteen Business Days after the failure to deliver a Purchase has been identified. OneQuest will, where appropriate, use best endeavours to repair the defect within a reasonable time of notice being received.
6. Duration and termination of the agreement
This Agreement between OneQuest and a User is entered into for an indefinite period of time, unless otherwise stated.
- Both OneQuest and the User are obliged to keep confidential information, received from each other, or from other sources, within the framework of this Agreement, confidential. Information is considered confidential if confidentiality has been communicated by the other party or if confidentiality results from the nature of the information.
- If, by law or because of a court order, OneQuest is obliged to provide confidential information to a third party and, OneQuest does not have a legal right to refuse, then OneQuest is not obliged to give compensation to the User and the User is not entitled to terminate this Agreement on the basis of any damage caused as a result. This provision also applies to the User in case the User is obliged to provide confidential information.
- All prices stated on the Website are in Australian Dollars ($).
- OneQuest is entitled to adjust the prices of its Courses or Retreats at any time.
- Except where provided or required by law and such cannot be excluded, the User agrees that it is a Term and Condition of this Agreement that OneQuest is absolved from all liability howsoever arising from injury or damage howsoever caused (whether fatal or otherwise) as a result of a User’s participation in a Course or Retreat.
- The User acknowledges that the services and benefits received in relation to a OneQuest Course or Retreat are "educational services".
- Where the User is a consumer, as defined by any relevant law, certain terms and rights may be implied into a contract for the supply of goods or services for their benefit. The User acknowledges that any such terms and rights, and any liability of OneQuest flowing from them, are expressly excluded, restricted, or modified by the Terms and Conditions of this Agreement.
- Insurance is in place that provides limited cover to the User while the User is participating in a OneQuest Course or Retreat. The User understands that this insurance may not cover any injury, loss or damage sustained by the User and, the User can, in their own interests, seek and obtain personal insurances.
- OneQuest does not accept any liability for damage, injury, consequential damage, company damage, damage because of delay, indirect damage, missed savings or loss of profit or turnover, nor for damage related to related services, unless the damage is the result of intentional or gross negligence by OneQuest.
- The User is responsible for assessing whether a Course or Retreat is suitable for participation prior to Purchasing any Course or Retreat. If the User participates in a Course or Retreat that is beyond their capabilities, OneQuest and its agents do not accept any liability because of injury sustained.
10. Release and Indemnity
In consideration of OneQuest accepting a Purchase, the User:
- releases and forever discharges OneQuest from all Claims that the User may have or may have had but for this release arising from or in connection with the User’s participation in a OneQuest Course or Retreat; and
- indemnifies and holds harmless OneQuest to the extent permitted by law in respect to any Claim by any person including by not only another participant in connection with the User’s participation in a OneQuest Course of Retreat, in this clause, "Claims" means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost, or expense however arising but does not include a claim in respect of any action, suit, etc. made by any person entitled to make a claim under a relevant OneQuest insurance policy.
11. Fitness to Participate
By signing this Agreement, the User:
- declares that they are and must continue to be medically and physically fit and able to participate in the OneQuest Course or Retreat.
- acknowledges that they are not and must not be a danger to themself or to the health and safety of others.
- will immediately notify OneQuest in writing of any change in their fitness and ability to participate.
- acknowledges that they understand and accept that OneQuest will continue to rely on this declaration as evidence of the User’s fitness and ability to participate.
12. Intellectual property
By signing this Agreement, the User:
- Any documents, videos, Courses or Retreats available for Purchase on the Website are intended to be used exclusively by the User for the agreed purpose between the User and OneQuest, and may not be reproduced, duplicated, made public, or given to third parties by the User without prior permission from OneQuest.
- The intellectual property of the videos created by OneQuest or its Coaches rests with OneQuest or its Coaches and remains the property of OneQuest or its Coache.
- OneQuest guarantees that it is authorised to publish Courses and Retreats on its Website.
- In case of a violation of the Terms and Conditions of this Agreement, OneQuest reserves the right to deny the User access to its Website.
13. Use of services
The use of the Courses and Retreats Purchased on the Website is for personal use and is not to be used in a commercial environment.
14. Applicable law and choice of forum
- OneQuest is an Australian company, and the Australian law is exclusively applicable to all agreements executed with OneQuest.
- All disputes related to or arising from this Agreement with OneQuest will be (subject to clause 15) submitted to the competent court in the court district in which OneQuest is located unless the law expressly designates another jurisdiction as competent.
15. Refund Policy
- Once payment has been made and received for a Course or Retreat, the Purchase is complete, and the User is subject to the full Terms and Conditions set down in this Agreement.
- Once a booking has been paid for, there are no refunds available (subject to clauses 3. (a) and (b)). If a Purchase is refused, the User will be notified within five working days after the Purchase was made. A refund will be processed on the 15th Business Day of the following month.
- Exchange rates are not accounted for in any approved refund payment. OneQuest charges a 10% admin fee for any refund processed.
16. Dispute resolution
- If there is a dispute or disagreement between OneQuest and the User regarding any matter relating to or arising under this Agreement then either party may give written notice and particulars of such dispute to the other.
- OneQuest and the User must first make every reasonable effort to resolve the dispute by mutual negotiation and if they are unable to reach a resolution of the dispute or disagreement within twenty-one (21) days of one party advising the other in writing of the dispute or disagreement then either party may ask that the dispute or difference be referred for consideration by a mutually agreed mediator.
- If OneQuest and the User cannot agree on an appropriate mediator within fourteen (14) days of the end of the period specified in clause 15(b) then the dispute or disagreement may be referred to a mediator expert in the area of dispute or disagreement nominated by the President for the time being of the Law Society of New South Wales on the application of either party.
- The costs of and associated with mediation before a mediator under this clause 15 are to be paid by OneQuest and the User in such manner or in such proportion as they may agree between themselves or, failing deed, in equal shares.