Dear fellow Nomad House participant, Thank you for choosing the Nomad House ('Trip'). Please read these terms and conditions carefully. By taking part in the Trip you are deemed to accept these terms and conditions. Please print off a copy for future reference if you are viewing this online.
In this Agreement, the following words shall have the following meanings:
"Organiser" means The Ys inc., registered in Canada with company no. 1169646586 and whose registered office address is at 2140 Saint-Germain, H1W 2T7 Montreal, QC Canada.
"Fees" means the fees charged under Clause 4.
"Services" means the provision by the Organiser and its leaders to you of a trip as selected on the booking form and more particularly described in the Appendix at the end of these terms and/or such other services as may be agreed from time to time by the parties.
2. Trip Participation
You hereby agree to take part in the Trip during the dates selected on the booking form. Your entitlement to attend any Trips will only arise when the Organiser has dispatched the order confirmation and received full payment of the Fees.
Your Trip will start on the date stated on the booking form or order confirmation and shall continue for the period agreed on the booking form and any agreed extension of such period.
You agree to pay to the Organiser the Fees set out on our website at https://nomadhouse.io before the Trip starts using either our payment processor Stripe or by Paypal to the details set out on the Organiser's invoice. If you fail to make any payment in full on the due date under this agreement, the Organiser reserves the right to re-allocate your space on the Trip.
5. Organiser's obligations
The Organiser will provide the Services in accordance with the Trip Rules and Details below. However, the Organiser may make alterations to the content of the Trip programmes/workshops and the fee structure and reserves the right to do so by giving you reasonable notice in writing at any time without liability.
6. Your obligations
You agree to abide by the Trip Rules and Details below.
7. Data protection
Any personal data that the Organiser collects from you will be kept secure and the Organiser will fully comply with all applicable Canada Data Protection and consumer legislation from time to time in place.
8. Intellectual property
8.1 The copyright in any course materials or systems which are used or provided by the Organiser in connection with the Services shall belong to the Organiser or the licence owner. You may use such documents or systems only for purposes directly related to the Services and shall not make copies of such documents, nor use the same for any purpose not directly related to the Services without the prior written approval of the Organiser.
9.1 The Organiser shall exercise reasonable skill, care and diligence in the discharge of its obligations under this agreement, but its liability for omissions and errors in the Services arising from the default of the Organiser shall be limited to a maximum aggregate liability equal to the Fees payable by you.
9.2 Nothing in this agreement shall exclude or in any way limit the Organiser's liability to you for fraud, death or personal injury caused by its negligence or any liability which may not be excluded or limited as a matter of law.
9.3 The Organiser gives no guarantee that by attending and/or completing the Trip that you will experience success in any business or activity that you may carry on following the Trip.
9.4 The Organiser is not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to loss of income or revenue, loss of business, loss of profits, contracts or potential contracts or loss of anticipated savings.
9.5 The Organiser is not liable for additional costs due to changes in activities, content or venues. Every effort will be made to provide reasonable notice where possible.
10. Termination and cancellation
10.1 The Organiser may terminate this agreement immediately by notice in writing to you, if you repeatedly fail to follow the Trip Rules and Details or fail to pay. In which case the Organiser shall be entitled to retain the Fees.
10.2 In all other cases, cancellation is in accordance with the Trip Rules and Details attached.
11. Events beyond the Organiser's control
11.1 The Organiser will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these terms that is caused by events outside its reasonable control (known as a "Force Majeure Event").
11.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the Organiser's reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.
11.3 The Organiser's performance under these terms is deemed to be suspended for the period that the Force Majeure Event continues, and the Organiser will have an extension of time for performance for the duration of that period.
12. Governing law
This agreement and any non-contractual obligations arising in connection with it shall be governed by Canadian law. The Canadian courts shall have exclusive jurisdiction to determine any dispute arising in connection with this agreement, including disputes relating to any non-contractual obligations.
Appendix- Trip Rules and Details
The Trip will be run by 2 experienced leaders as detailed on our website at https://nomadhouse.io on the Trip's page.
Welcome and farewell party: We will have a small welcome party the day the Trip starts and a farewell party when it ends. Drinks and snacks are covered by the Organiser, but attendance is optional.
The Organiser will give you a full refund up until two months (13th September 2017) before the start of the Trip. The Organiser will refund 50% of the fee up until one month Trip before the start of the Trip. Regrettably, the Organiser cannot offer any refunds within the last month before the start of the Trip.
If you have any special requirements in relation to your participation in the Trip, please contact us as soon as possible to discuss your requirements on firstname.lastname@example.org