TERMS OF SERVICE
TERMS OF BUSINESS GOVERNING THE PROVISION OF GOODS AND SERVICES FOR BALI WEIGHT LOSS RETREAT
This document outlines the terms and conditions of doing business (“Terms of Business”) between Bali Weight Loss. (“BW”) and a Participant (defined below) for the Programs offered.
These Terms of Business govern the legal relationship between a Participant and BW, and are binding and enforceable when a Participant applies for participation of a Program and makes the initial payment of the Deposit. Please read all terms and conditions carefully.
BW reserves the right to modify, supplement, vary or amend all or part of these Terms of Business from time to time without prior notice to a Participant. If a Participant applies for and makes the Deposit payment after such changes are posted on the website, the modified Terms of Business shall be deemed to have been agreed by the Participant.
The following terms shall have the meanings given to them as set out below, unless otherwise stated:
“Arma Resort” means the Arma Museum and Resort located in Ubud, Bali.
“Booking and Confirmation Form” means the booking form to be filled up by a Participant, the payment of the Deposit and the confirmation by BW.
“Check-in day” means the day before the “Starting day”.
“Deposit” means a deposit (as determined from time to time by BW) of the total cost of a Program required to be paid before BW confirms a Participant’s participation of a Program.
“Health Disclosure” means the medical and physical condition disclosure form to be completed by a Participant.
“Guide Book” means the rules regarding responsibilities and standard of conduct and behaviour requested of a Participant during the Program.
“Intellectual Property” has the meaning given to it in clause 11.1.
“Non-Refundable Period” has the meaning given to it in clause 3.2.
“Participant” means a person who has confirmed participation of a Program and BW has received the Deposit.
‘Partner Resorts” includes the Arma Resort and any other resort or hotel which BW has an affiliation with.
“Program” means any of the programs offered by BW and/or its affiliates and includes all content specified in the Program Sheets.
“Program Day” means a day during the course of a Program.
“Program Fee” means the total price (including goods and services taxes, if applicable) as advertised in the website or communicated to the Participant in the Booking and Confirmation Form.
“Program Sheets” means the description of the Program explaining and detailing the components and activities of the Program, sent via email or posted on the website.
“BW” means Bali Weight Loss., a company incorporated under the laws of Singapore and operates the Program under the name and style “Bali Weight Loss”. Where applicable, the definition BW shall include its parent company and affiliates.
“Starting day” means the first day of a Program confirmed by BW for the participation of a Participant.
“website” means the website www.baliweightloss.com.
“Welcome Pack” means the gift pack which is given to a Participant, containing items for use during the Program, including the Program Sheets, Guidebook and a map of the Arma Resort and Ubud town.
Unless the context otherwise requires or permits:
any reference in these Terms of Business to clauses or schedules shall be a reference to the clauses of, and schedules to, these Terms of Business. The Schedules are to have effect and be construed as an integral part of, and shall be deemed to be incorporated into, these Terms of Business;
any reference to statutory provisions shall be construed as a reference to those provisions as respectively amended, consolidated, or re-enacted from time to time and all statutory instruments or orders made pursuant to them;
any reference to the singular meaning shall include the plural meaning and vice versa; any reference to the masculine gender only shall include the feminine and/or neuter genders and vice versa; and all such words shall be construed interchangeably in that manner;
a reference to a day and time shall be a reference to a day and a particular time in Bali Indonesia, unless specifically stated otherwise;
the sign US$ or the acronym USD shall mean the lawful currency of the United States of America.
APPLICATION, PAYMENT AND REFUND
A Participant will only be accepted for participation in a Program upon completing the Booking and Confirmation Form and BW having received the Deposit and the Health Disclosure duly acknowledged.
The Deposit becomes non-refundable fourteen (14) days prior to Check-in day (“Non-Refundable Period”), as BW will have incurred costs and expenses such as obligations to the Arma Resort for accommodation bookings. In this connection, the Participant understands and acknowledges that the Deposit may not be subject to any dispute by the Participant once the Non-Refundable Period commences. Payment of the Deposit by the Participant shall be deemed agreement by such Participant of these Terms of Business.
All outstanding Program Fee (less the Deposit) must be paid within seven (7) days prior to Check-in day. A reminder will be sent to a Participant together with an invoice for the outstanding Program Fees payable by a Participant.
If a Participant leaves a Program prior to its end date, all Program Fee and Deposit paid may not be subject to any dispute by the Participant of any non-receipt or satisfactory receipt of services. Payment of the Program Fees and the Deposit by the Participant shall be deemed agreement by such Participant of this term of business.
A Participant may make payment via Paypal or direct bank transfers, details of which will be available on the Booking and Confirmation Form page of the website, on the invoice or payment request for the Deposit. Please note that Paypal will charge you a processing fee of 2.0% of the amount processed for using their service.
CANCELLATION OR REQUEST TO DEFER
If a Participant asks to cancel its participation prior to 14 days prior to the Check-in day, any Program Fees paid will be refunded less the Deposit and any expense incurred by BW resulting from cancellation of booked accommodation at the Arma Resort.
The Deposit will be refunded together with any amount of Program Fee paid if a cancellation request by a Participant is received more than fourteen (14) days prior to the Check-in day.
Due to teacher cancellations, situations beyond our control and other situations (which BW shall determine at its sole discretion), BW reserves the right to change or cancel a booking and shall inform the Participant as soon as possible. Alternative Starting Dates will be offered but we do not accept responsibility for any costs incurred, including charges incurred due to changing of flight dates and times. If the booking is cancelled by BW exercising its discretion or no alternative Starting Date is agreed to by the Participant, BW will refund the Program Fee and Deposit in full to the Participant, without interest.
A Participant may defer the Starting Date to a later Starting Day once without any penalty. If a Participant requests to defer the Starting Date again prior to the later Starting Day, BW’s booking team may charge a re-booking fee of US$120. If a later Starting Date cannot be agreed on, BW will treat such deferment as a cancellation by the Participant and refund the Program Fee paid less the Deposit and any expense incurred by BW resulting from cancellation of booked accommodation at the Arma Resort if the cancellation is less than 14 days prior to the Check-in day.
In the event a Participant’s flight is severely delayed, BW will use its best endeavour to enrol the Participant in an alternative Program. However, this may not be available. If an alternative Starting Date cannot be worked out to the mutual satisfaction of the Participant and BW, then BW will give the Participant a credit of the amount paid, and will work with the Participant on booking alternative dates for another occasion. For this reason, BW highly recommends that a Participant takes out travel insurance to insure against losses suffered owing to flight delays. In any event, BW cannot accept any responsibility for delay or cancellation of any flights, train, buses or other forms of transport used by the Participant in travelling to the Arma Resort, except for transportation provided by BW as part of the Program.
TRANSFERS AND CO-PARTICIPATION
A Participant may not transfer its participation in a Program, or part thereof that it has already commenced after the Starting Date, to another person, whether that person is a family member or not. As part of BW’s acceptance of a Participant is based importantly on the Health Disclosure submitted by the Participation, such transfer is, therefore, not allowed for safety reasons.
A Participant may not share or co-participate with another person who is not enrolled in a Program in accordance with these Terms of Business.
PROGRAM CHECK-IN AND CHECK-IN FOR THE ARMA RESORT
A Participant should arrive and check into the Arma Resort and check in with BW’s program ambassador on the Check-in Day before 20.00 pm. This to ensure sufficient rest time prior to the Starting Day.
A Participant must settle any additional charges incurred directly with the front office of the Arma Resort upon check-out at the end of the Program. Any request for a change or an upgrade to the accommodation booked must be dealt with by the Arma Resort, subject to availability and any charges imposed by the Arma Resort. A Participant is bound entirely by the terms and conditions of booking with the Arma Resort for the accommodation booked, and the BW will not be liable or responsible for any breach (directly or indirectly) of such terms and conditions either by the Participant of the Arma Resort.
Upon check-in, a Participant will be given a Welcome Pack. It is recommended that a Participant familiarises herself or himself with the Guide Book and the Program Sheets prior to the Starting Day. In any event, Participants will be briefed on the Program thoroughly on the Starting Day.
A comfortable mini-van will pick Participants up from the Ngurah Rai International Airport in Denpasar, Bali and bring Participants to the Arma Resort. For this service, please indicate your time of arrival clearly in the Booking and Confirmation Form. It generally takes about 1 to 2 hours from the airport to the Arma Resort, depending on the time of arrival and traffic conditions. The return journey to the airport is included in your program. Individual pick-ups can be arranged upon BW receiving details of your flight arrival time if this does not coincide with the arrivals of other Participants. To ensure that we are able to meet and greet you on time at the airport, please do email or telephone us or the Arma Resort if your flight is going to be delayed.
WHAT IS INCLUDED IN THE PROGRAM
The Program Fee paid for by a Participant for a Program covers all items described in the Program Sheets applicable to the Program confirmed for the Participant. Any additional items or activities requested by a Participant will be charged at the prevailing retail rates set by BW and/or the Arma Resort.
Any additional services required, such as additional massage therapy will be charged at the prevailing rates set by BW, and must be paid up before such service is performed.
A Participant is required to purchase its own personal medical and accidental insurance before enrolling in a Program. Other than required by applicable laws, BW is not responsible for taking out any insurance coverage for a Participant.
STANDARDS OF CONDUCT AND BEHAVIOUR
A Participant shall not use the premises of the Arma Resort except for permitted use and shall not use the property for any offensive, noisy, dangerous, illegal, prohibited or improper purposes. A Participant shall not do anything which may be or become a nuisance or annoyance to other Participants, BW and its guests, staff or owners.
A Participant must comply with the rules and regulations issued by the Arma Resort at all times, and must comply with the standard of conduct and behaviour set out in the Guide Books issued upon check-in by BW’s program ambassador and staff members.
HEALTH AND SAFETY
A Participant must comply fully with all health and safety regulations set down and required by BW when participating in a Program.
A Participant must ensure that he/she is medically and physically fit and able to use the facilities of the Arma Resort, and to participate in activities of the Program. A Participant who has injuries or illnesses is advised to seek medical advice prior to participating in a Program. As a fundamental consideration for accepting a Participant for enrolment in a Program, the Health Disclosure must be an accurate, complete and true disclosure of any injuries or health condition pertaining to a Participant. If the Health Disclosure is misrepresented in any way, BW reserves the right to terminate the Program for the relevant Participant without any compensation or liability whatsoever.
BW strongly recommends that a Participant take out adequate travel, cancellation and medical insurance for the duration of the Program.
The statements made in relation to health and wellness from eating or drinking particular food and juices have not been evaluated by the Health Science Authority of Singapore, the Food and Drug Administration of the United States of America or any other similar regulatory entities.
The information provided on this website is not intended to diagnose, treat, cure or prevent any disease. The information provided is for educational purposes only and is not medical advice in any form. Please seek appropriate medical or professional healthcare advice when deciding on whether to undergo or embark on a particular wellness therapy.
If you are on any particular medication, or have a particular health condition, please consult your primary care doctor or healthcare professional beforehand to ensure there will be no potential contraindications in joining our program.
INTELLECTUAL PROPERTY RIGHTS
The Programs, the website and all materials, including but not limited to designs, proprietary cleansers and formulas, packaging, write-ups (including the Program Sheets), flow of events and sequencing, photographs, illustrations, data, text, images, logos, maps, plans, literary, artistic, musical works, concepts expressed in writing and all representations, information and other works in any media or format whether relating to activities, programs, products and/or services offered by BW are owned, licenced to or controlled, by BW, and are protected by copyright, trademark and other forms of intellectual property rights (“Intellectual Property”).
Except as otherwise expressly provided and agreed to in writing by BW and/or its Partner Resorts, you are not authorised to use, upload, download, copy, reproduce, re-publish, transmit, communicate, distribute, disseminate, decompile, disassemble, modify, adapt in any way, the Intellectual Property or any part thereof.
LIMITATION OF LIABILITY
Notwithstanding specific disclaimers of liability or responsibility, BW shall not be liable in any way to a Participant whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any direct or indirect economic or financial loss or damage (including loss of revenue or profits) howsoever caused or arising, including but not limited to any such loss caused or arising from any breach or failure by BW to perform its obligations under the Programs and these Terms of Business.
If BW is by its own negligence liable to a Participant, the amount of compensation payable by BW shall not exceed the cost of the Program paid for by the Participant.
BW shall not be liable to a Participant or any other party for any loss, damage or expense arising from any delay or non-performance of the Program (or any part of it) resulting from acts beyond its control, including without limitation (i) fire, accident, epidemics, infectious diseases, any law, order, proclamation, regulation, demand or requirement of any Government or administrative agency strikes, labour disputes (whether or not involving BW’s or its Partner Resort’s employees), shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the above or not) beyond the reasonable control of BW, (ii) acts of God (i.e. extraordinary or unforeseeable manifestation of the forces of nature beyond the powers of human intervention, such as volcano eruptions, tornadoes, hurricanes, typhoons and earthquakes), or (iii) war or armed conflict or acts of terrorism, which include disruption of civil authority, transportation or communication services.
No failure, delay, relaxation or indulgence on the part of BW in exercising any power or right conferred upon it in these Terms of Business shall operate as a waiver of such power or right, nor shall any single exercise of any such power or right preclude any other or future exercise thereof, or the exercise of any other power or right under these Terms of Business.
If any provision of these Terms of Business is held or interpreted by any governmental authority or a court of competent jurisdiction, to be illegal or invalid under present or future laws or regulations effective and applicable during the term of these Terms of Business, such provisions shall be deleted and replaced with a provision that is in compliance with such laws and regulations, provided that these Terms of Business shall be construed as if such illegal or invalid provision had never comprised a part of these Terms of Business and the remaining provisions of these Terms of Business shall remain in full force and effect and shall not be affected by the illegal or invalid provision or by its severance from these Terms of Business.
No person who is not specifically mentioned here shall have any rights under the Contracts (Rights of Third Parties) Act (Chapter 53B) of Singapore to enforce or enjoy any benefit under these Terms of Business. Notwithstanding anything in these Terms of Business the consent of any third party is not required for any variation (including any release or compromise of any liability under) of these Terms of Business.
A Participant may not assign any of its rights or benefits accrued under these Terms of Business to a third party without the written consent of BW.
These Terms of Business constitute the entire agreement between a Participant and BW with respect to the sale and purchase of a Program and supersedes all prior or contemporaneous agreements, negotiations, representations, warranties, understandings, correspondence and all other communications (whether written or oral, express or implied) or arrangements entered into by BW and/or its Partner Resorts and a Participant in respect of the matters dealt with in these Terms of Business.
Bali Weight Loss, Singapore, “we support the Singapore brand which upholds values such as honesty, integrity, trustworthiness, dependability, adaptability and hard work.”
These Terms of Business shall be governed by, and interpreted in accordance with the laws of Singapore. You agree that arbitration in Singapore in accordance with the rules of the Singapore International Arbitration Centre (“SIAC”) is the most appropriate and convenient forum to settle any dispute arising out of or in connection with these Terms of Business and your use of this website (including a dispute regarding the interpretation, existence, or validity of these Terms of Business (a “Dispute”). You agree to settle a Dispute by way of arbitration in the following manner.
Any dispute arising out of or in connection with these Terms of Business, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the rules of the SIA for the time being in force, which rules are deemed to be incorporated by reference in this clause.
The Tribunal shall consist of one arbitrator to be appointed by the SIAC.
The language of the arbitration shall be the English Language.