CURRENT AS OF 5 MAY 2023
Please take time to read these terms and conditions governing the services provided by Palladium Private. All program reservations made at Palladium Private are made subject to these terms and conditions. Reservations may also be governed by, and subject to, additional terms, such as site polices, which are applicable to individual guests as discussed separately and presented prior to commencement of the program.
By making a reservation with Palladium Private, you agree to accept, without limitation or criterion, all terms and conditions of use. These conditions cannot be accepted on behalf of another person. The person attending the retreat must accept the conditions in full. No person other than the person engaging in the program will be deemed to have accepted these terms and conditions.
Admission Form means the admission form and questionnaire and any ancillary documents to be completed by the Client during the process of making a Booking;
Booking, in respect of a Client, means a booking to use or participate in a Program and/or attend at the Retreat;
Business means the business operated by Palladium and includes the Site, Programs, Retreat and Intellectual Property;
Confidential Information means any information, whether recorded in writing or otherwise, in respect of the Programs, the Retreat, the Intellectual Property and these Terms & Conditions and, where the circumstances require, other clients and guests;
Client means the person or entity that uses or participates in the Site and/or a Program and/or the Retreat;
Client Data means any information and material provided by on or behalf of a Client including without limitation names, contact details, medical information and Program details but excluding any such information or material prepared or developed by Palladium;
Fee means the fee payable for the use of or participation in a Program or attendance at the Retreat as specified in the admission form completed for a client;
Palladium means Palladium Healthcare Pty Limited ACN 633 328 952;
Force Majeure means delay or inability to perform caused by war, whether declared or not, insurrections, strikes, lockouts or other industrial disturbance, inability to obtain materials, unavailability of equipment, virus or other widespread health disturbance, , storm or other severe action of the elements, accidents, government or statutory restrictions or from other causes whether like or unlike the foregoing which are unavoidable or beyond the reasonable control of either party including any form of technological failure or the actions of third parties but shall not include, for the avoidance of doubt, a lack of funds or the unserviceability of plant and equipment (for any reason);
Policy or Policies means any policies or rules created and imposed by Palladium.
Programs means the programs delivered to clients suffering from mental health conditions and/or seeking personal development as taught and delivered by Palladium, either residentially or non-residentially and its duly authorised representatives;
Retreat means the retreat located at 67 McCarthy Rd Maleny, Queensland, Australia, or any other location as decided by Palladium;
Site means the websites associated with the Palladium.
In these Terms & Conditions, unless inconsistent with the context or subject matter:
All enquiries and Bookings must be made directly through Palladium. The Client must not use an enquiry, admission form, Booking, the Programs or the Retreat to:
The Client acknowledges and agrees that the Client must not:
The Client must be legally able to form binding contracts to make a Booking. This means the Client must not enquire about or make or attempt to make a Booking or use or participate in a Program or the Retreat if the Client is under 18 years of age, lacking in capacity, an undischarged bankrupt, or under any type of insolvency, administration or other insolvency event.
The Client must not use false or misleading information in enquiring about or making a Booking and the Client must update the Client’s details should they change at any point during the admission or program delivery.
In order to make and confirm a Booking, the Client must:
If the Client wishes to amend their Booking, the Client must notify Palladium in writing. The Client acknowledges that changes to the Program or the Commencement Date may result in a forfeit of part of the Fee or an increase in the Fee.
Payments may be made by Visa, Mastercard, American Express, PayPal, or Direct Bank Transfer (allow five days transaction time).
A non-refundable card surcharge will apply to payments made by Visa, Mastercard, American Express. The surcharge applied to these cards may vary and is displayed at the time payment for the booking is to be made.
The currency applicable to any quoted rates will be specified in AUD with the quoted rate for the specified booking and therapy programs. All quoted rates are subject to change at any time until full payment is received.
Quoted rates are inclusive of all compulsory government or regulatory charges and taxes (for example GST) where applicable.
Quoted rates do not include flights, transfers, additional items of a personal or specific nature unless otherwise indicated and approved at the time of booking.
Quoted rates are based on specific information collected through the admission process. Changes to this information may result in changes to the quote.
Not included in the Program costing are blood tests, any pharmaceuticals, or in-patient admission deemed necessary or other treating doctor fees during inpatient admission.
Should acute health needs be identified that require admission to a hospital for treatment, additional treating doctor fees will be incurred and will be the responsibility of the Client.
Incidental and or additional services and expenses including, but not limited to, additional requested therapies, telephone charges, shopping items, supplements and pharmaceuticals is to be paid by the client prior to delivery.
If the Client wishes to cancel their Booking, the refund policy is as follows:
At the discretion of Palladium Private, any cancellation fees may be reviewed for a contribution towards a future support or refund. Palladium Private reserves all rights in respect of any refunds or cancellations in accordance with its cancellations policy.
Whilst care is taken to ensure that the description of our facilities and services is accurate, these are continually being changed, upgraded, and on occasion, taken out of service. If any feature or facility is essential to you in choosing a particular package, it is your responsibility to confirm prior to making your reservation that the feature or facility will be available during your stay or use of the services.
To the extent permitted by law, Palladium Private is not liable for omissions, errors or changes to the facilities and services at a property, whether temporary or permanent.
Accommodation facilities listed may not apply to all room types.
Any monies or other valuables or goods that belong to you, brought in or on to the room, grounds or car park remain your responsibility and we are not responsible for their safekeeping.
To the extent permitted by law, you agree to release and hold harmless Palladium Private and its current and former officers, employees and agents against and from all expenses, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever (including consequential and economic losses, property loss/damage and damage for injury, including personal injury and death) arising out of, caused by, attributable to or resulting from your reservation or your stay at Palladium Private a for any reason whatsoever.
You agree that regardless of your length of stay there is no tenancy or other proprietary rights created under any laws.
We grant you a licence to stay in and/or use the facilities in our residence and we reserve the right to terminate the licence at any time.
Palladium does not warrant that:
The Client acknowledges that:
Where the law implies into these Terms & Conditions any term, condition or warranty, and those laws avoid or prohibit provisions in a contract excluding or modifying them, then the term, condition or warranty shall be deemed to be included in these Terms & Conditions provided that the liability of Palladium, its officers, directors, employees, agents and related bodies corporate for a breach of any such term, condition or warranty, including any economic or consequential loss which the Client may sustain shall be limited, at the option of Palladium, to:
The Client releases Palladium and its officers, directors, employees, agents or related bodies corporate from its liability for any loss or damage including without limitation, losses or damages for loss of profits, business interruption, loss of information, indirect, special, punitive or consequential losses or damages arising out of the use or inability to use or reliance on the material or information available on or accessible through the Programs or the Retreat, even if Palladium has been advised of the likelihood of such damages and whether or not caused by any negligent act or omission.
The Client releases Palladium from any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, the Business or any part of it, whether or not caused by any negligent act or omission including but not limited to:
The Client agrees to indemnify and hold harmless Palladium, and its officers, directors, shareholders, employees, consultants, agents, and related bodies corporate from and against all losses, damages, expenses and costs (including solicitor client costs on a full indemnity basis) and all third-party claims, liability, losses, damages, expenses and costs arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified in relation to or in connection with the Client’s use of the Programs or attendance at the Retreat or the Client’s failure to comply with these Terms & Conditions, or any of the Policies or from the Client’s violation of any applicable law.
If either party is rendered unable, wholly or in part, by Force Majeure to carry out or observe any of its obligations under these Terms & Conditions, it shall give to the other party prompt written notice providing full details of the Force Majeure.
The obligations of the parties under these Terms & Conditions, to the extent affected by Force Majeure, will be suspended and no claim by either of the parties against the other party will avail by reason of such Force Majeure provided that the party giving such notice must, to the extent practicable, take all reasonable steps to remove or otherwise recover from the Force Majeure as soon as possible. Such reasonable steps will not require the notifying party to settle any reasons for Force Majeure on unfavourable terms.
Palladium is committed to maintaining the privacy and confidentiality of Client Data and personal information and believes that the responsible use of personal information collected is critical to it’s business objectives and reputation.
Palladium has a Privacy Policy which is available on our website. Such Privacy Policy forms part of these Terms & Conditions.
In addition to the Palladium Privacy Policy, the following applies to any Client Data:
Without limiting the generality of any other provision in these Terms & Conditions, Palladium may terminate these Terms & Conditions and/or a Client’s use of or access to the Programs or Retreat immediately if the Client breaches any provision of these Terms & Conditions and seven (7) days has lapsed since the Client was served with a written notice that states how the breach can be remedied and the breach has not been remedied.
Palladium may, by written notice to the Client, immediately terminate these Terms & Conditions:
In addition to the rights set out above, these Terms & Conditions may be terminated by written agreement of both parties.
The rights and remedies of each party contained in this clause are in addition to any other rights and remedies by law or under these Terms & Conditions.
On termination:
Palladium may from time to time amend, update, or change the Programs or the Retreat, including these Terms & Conditions and any Policies, without prior notice.
These Terms & Conditions together with the Client’s Admission Form and our Policies constitute the entire agreement between the Client and Palladium with respect to the Program and the Retreat and the Client’s Booking, and shall replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Program or Retreat or Booking.
No oral explanation or information provided by a party to another affects the meaning or interpretation of these Terms & Conditions or constitutes any collateral agreement, warranty or understanding.
If any provision of these Terms & Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of the Terms & Conditions shall remain in full force and effect.
The failure by Palladium to insist upon or enforce strict performance of any of these Terms & Conditions will not be construed as a waiver of any right or remedy of Palladium in respect of any existing or subsequent breach of these Terms & Conditions.
No waiver by a party of a provision of these Terms & Conditions is binding unless made in writing.
The law of Queensland, Australia govern these Terms & Conditions. The Client hereby consent and submit to the non-exclusive jurisdiction and venue of the Courts of the State of Queensland and the Commonwealth of Australia for any cause of action relating to or arising under these Terms & Conditions.
Where possible, the obligations of the parties under these Terms & Conditions will indefinitely survive the finalisation or discontinuance of the parties dealings.
These Terms & Conditions shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
The parties must execute and deliver all documents and must do all things as are necessary for the complete performance of their respective obligations under these Terms & Conditions.
The rights and remedies of a party to these Terms & Conditions are in addition to the rights or remedies conferred on the party at law or in equity.
The contra proferentem rule and other rules of construction will not apply to disadvantage a party whether that party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.
Any notice or demand in writing required to be given by Palladium to the Client shall be sufficiently served if served personally or by pre-paid mail to the Client’s address or sent in electronic form by email to the Client’s email address. The Client consents to receipt of notices by electronic means.
The parties consent (in accordance with sections 11 and 12 of the Electronic Transactions (Queensland) Act 2001) to all correspondence in relation to this matter, including notices, contracts and information being given by electronic communication. For the avoidance of doubt this includes the Client consenting to receipt of the Admission Form, Admission Terms & Conditions, Privacy Policy, Polices and any other document issued by Palladium from time to time by electronic communication. In addition, the parties agree that the Admission Form may be executed in any number of counterparts and when executed communication of the fact of execution to the other parties may be made by sending evidence of execution by fax or email.
These terms and conditions are governed by and will be construed in accordance with the laws of the State of Queensland, Australia.
Nothing in these terms and conditions affect any rights you may have and which by law cannot be excluded, including under the Competition and Consumer Act 2010 (Cth) and under State and Territory consumer protection legislation.
F A C I L I T I E S & S E R V I C E S N O T I C E
