INTERPRETATION
The following definitions apply to these Conditions.
Attendee: means the Attendee identified in the Order Form or the individual who has clicked to accept these Conditions.
Effective Date: means the date the Attendee has clicked to accept the terms.
Event: means the retreat, gathering or other event as set out in the Order Form.
Force Majeure Event: any event or circumstances which are outside Organiser’s reasonable control, such as an Act of God, fire, storm, hurricane, pandemic or epidemic, government order or action, or similar events.
Order Form: means the applicable order form document setting out the details of the Event.
Organiser: One Functional Person Ltd, a Scottish company (SC716685), operating as “Illuminated Path”, with a registered address of Suite 2, Ground Floor Orchard Brae House, 30 Queensferry Road, Edinburgh United Kingdom EH4 2HS.
Term: means the term of this Contract as set out in the Order Form.
Venue: means the premises where the Event is to take place, as set out in the Order Form.
CONTRACT AND DURATION
In the event of any conflict between these Conditions and any Order Form, then these Conditions shall prevail, unless it is clearly and expressly stated that the opposite should be the case.
Each Order Form from the Attendee to the Organiser and which is accepted by the Organiser shall constitute an individual legally binding contract between the Attendee and the Organiser. The Order Form shall only be deemed to be accepted by the Organiser when the Organiser issues written acceptance of the Order Form (including via email), at which point and on which date the Contract shall come into existence.
The Contract shall be governed in all respects by these Conditions.
The Contract shall expire after the completion of the Event.
SUPPLIER OBLIGATIONS
The Organiser shall comply with all applicable laws relevant to its performance in connection with the Event including regarding health and safety and crowd security measures at the Venue (where applicable).
ATTENDEE OBLIGATIONS
The Attendee shall:
comply with all applicable laws relevant to its attendance to the Event and performance of this Contract, including regarding health and safety and crowd security measures at the Venue (including any measures related to Covid-19).
abide by the Organiser’s community guidelines and policies (“Community Guidelines”). If, within the Organiser’s sole opinion, the Attendee violates the Community Guidelines at any point during the Term, the Organiser may terminate this Contract and prevent the Attendee from participating in the Event further.
By attending the Event, the Attendee acknowledges that he or she is responsible for his or her own safety and confirms that he or she is medically, physically and emotionally fit and able to participate in any activities ongoing at the Event.
Attendee confirms and acknowledges that the Organiser and its suppliers are not licensed medical or mental health practitioners and any information you receive at an Event is not medical advice, a diagnosis or treatment of any physical or mental health conditions.
You are responsible for how you use any information you receive or learn at an Event.
PRICE AND PAYMENT
All tickets to the Event must be paid for in full at the time of purchase. Ticket purchases will not be considered confirmed until payment in full has been received by the Organiser.
In the event the Attendee wishes to cancel its booking after acceptance by the Organiser, the Attendee should contact the Organiser at [email protected]. The Organiser may issue a refund as follows:
Where notification is received by the Organiser more than 30 days before the event, the Organiser will issue a full refund, minus a 15% administrative charge per ticket;
Where notification is received by the organizer less than 30 days before the event, the Organiser will not issue a refund.
Exclusions and Additions: Unless otherwise agreed in writing, the Fees exclude any applicable taxes. If applicable, Value Added Tax (or any tax or governmental levy imposed in any relevant jurisdiction) shall be added to the Fees.
The Attendee should take out relevant travel insurance after booking any Event to insure the cost investment of any trip that may be required to attend.
ATTENDEE DATA
How we use your personal data is set out in our privacy notice.
LIMITATION OF LIABILITY.
The Organiser will be responsible for any losses the Attendee suffers for the Organiser’s breach of Contract unless the loss is:
Unexpected and not obvious (or unforeseeable);
Caused by a delaying event outside our control;
Avoidable if the Attendee took reasonable action; or
A business loss.
Nothing in these Conditions shall limit or exclude the Organiser’s liability for (i) personal injury or death resulting from any negligence of the Organiser or its employees, or (ii) any other liability which by law the Organiser cannot limit or exclude by law.
INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights in connection with the Event are owned by, or validly licensed to, the Organiser.
TERMINATION AND CANCELLATION
If the Organiser is prevented, hindered, or delayed in or from performing its obligations or the Event is jeopardized by a Force Majeure Event, the Organiser shall not be in breach of this Contract or otherwise liable for any such failure or delay.
If the Organiser finds that it is not possible to hold the Event as planned (including due to a Force Majeure Event), then the Organiser will use best endeavours to make alternative arrangements. All tickets will remain valid and these Conditions will continue to apply in full if a new date is secured for the Event.
If, for any reason, the Organiser must cancel the Event (including because of a Force Majeure Event), the Attendee will be entitled to a refund of fees paid for the ticket.
Attendees should purchase travel insurance if necessary to attend the Event to recover any travel and accommodation costs in such circumstances, as well as for any loss or damage to personal property whilst attending the Event.
Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.
Termination shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
GENERAL
Entire Contract: The Contract shall be governed in all respects by these Conditions. The Organiser shall not be bound by any terms or conditions set out in any other order form, documents or correspondence of the Attendee. These Conditions shall supersede and prevail over any other terms and conditions stipulated or referred to by the Attendee, and no addition, alteration or substitution of these Conditions will bind the Organiser or form part of any Contract, unless expressly accepted in writing by an authorised officer of the Organiser.
Waiver of Rights: Even if the Organiser delays in enforcing its rights under this Contract, this is not a waiver of such rights and does not prevent the Organiser from pursuing the Attendee later.
Invalidity: The invalidity in whole or in part of any of these Conditions shall not affect the validity of any other provision.
Severability: Each of these Conditions shall be separate and severable and shall be enforceable accordingly.
Relationship of Parties: Nothing in these Conditions and no action taken by the parties pursuant to these Conditions shall constitute or be deemed to constitute a partnership or joint venture between the parties, or shall constitute either party as the agent, employee or representative of the other party. The parties to the Contract are independent parties.
Third Party Rights: Nobody else has any rights under this Contract.
Tickets are personal: Tickets sold to each Event are personal and cannot be transferred or assigned to a third party without the prior written consent of the Organiser.
Notices: Any notice required to be given, shall be deemed to have been served (i) six (6) business days after time of posting if sent by airmail (ii) forty eight (48) hours after time of posting if sent by first class or prepaid UK post or (iii) at the time of delivery, if delivered personally, by commercial courier or sent by e-mail.
DISPUTES, GOVERNING LAW AND JURISDICTION
If the Attendee has any problems or complains, the Organiser may be contacted at [email protected]. These Conditions and any other provisions which constitute a Contract between the parties in relation to the supply of the Services shall be governed by and construed in all respects in accordance with the laws of Scotland. If you live in England, Wales or Northern Ireland, you can bring claims against us in the courts of the country you live in, and we can claim against you in the courts of the country you live in.
