New Body and Mind - Thailand's No. 1 Detox and Weight Loss Retreat

Terms & Conditions

Terms of Service

Introduction

Site Terms of Service, an Enforceable Legal Agreement.

As of January 01, 2016

These Terms of Service and our privacy policy (together the “Terms”) govern all use of http://www.newbodyandmind.com and that site’s services (together the “Site” or “Services”). The Site is owned by New Body and Mind Co., Ltd.

The owners and contributors to the Site will be referred to as “we,” “us,” or “our” in these Terms. By using the Site or its Services, and/or by clicking anywhere on this Site to agree to these Terms, you are deemed to be a “user” for purposes of the Terms. You and every other user (“you” or “User” as applicable) are bound by these Terms. You and each user also agree to the Terms by using the Services. If any User does not agree to the Terms or the Privacy Policy, such User may not access the Site or use the Services. In these Terms, the word “Site” includes the site referenced above, its owner(s), contributors, suppliers, licensors, and other related parties.

User Prohibited From Illegal Uses

User shall not use, and shall not allow any person to use, the Site or Services in any way that violates a federal, state, or local law, regulation, or ordinance, or for any disruptive, tortious, or illegal purpose, including but not limited to harassment, slander, defamation, data theft or inappropriate dissemination, or improper surveillance of any person.

User represents and warrants that:
User will use the Services only as provided in these Terms;
User is at least 18 years old and has all right, authority, and capacity to agree to these Terms;
User will provide accurate, complete, and current information to the Site and its owner(s);
User will notify the Site and its owner(s) regarding any material change to information User provides, either by updating and correcting the information, or by alerting the Site and its owner(s) via the functions of the Site or the email address provided below.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE PROVIDES THE SERVICES “AS IS,” WITH ALL FAULTS. THE SITE DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES, OR THAT ANY DATA WILL BE TRANSMITTED IN A MANNER THAT IS TIMELY, UNCORRUPTED, FREE OF INTERFERENCE, OR SECURE. THE SITE DISCLAIMS REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL, CONTRACTUAL, COMMON LAW, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT MAY ARISE FROM A COURSE OF DEALING OR USAGE OF TRADE.

Liability Is Limited

THE SITE SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS (REGARDLESS OF WHETHER WE HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR) OR EXPOSURE TO ANY THIRD PARTY CLAIMS BY REASON OF ANY ACT OR OMISSION. THE SITE SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED WITH THE SERVICES, SITE OFFERS, OR ANY ACT BY SITE USERS. THE SITE SHALL NOT BE LIABLE FOR ANY DAMAGES THAT RESULT FROM ANY SERVICE PROVIDED BY, OR PRODUCT OR DEVICE MANUFACTURED BY, THIRD PARTIES.

NOTWITHSTANDING ANY DAMAGES THAT USER MAY SUFFER FOR ANY REASON, THE ENTIRE LIABILITY OF THE SITE IN CONNECTION WITH THE SITE OR SERVICES, AND ANY PARTY’S EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY USER TO THE SITE OWNER DURING THE 12 MONTHS PRIOR TO THE EVENT THAT USER CLAIMS CAUSED THE DAMAGES.

The Site shall not be liable for any damages incurred as a result of any loss, disclosure, or third party use of information, regardless of whether such disclosure or use is with or without User’s knowledge or consent. The Site shall have no liability for any damages related to: User’s actions or failures to act, the acts or omissions of any third party, including but not limited to any telecommunications service provider, or events or causes beyond the Site’s reasonable control. The Site has no obligations whatever, and shall have no liability to, any third party who is not a User bound by these Terms. Limitations, exclusions, and disclaimers in these Terms shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

Third party products, links, and actions

The Site may include or offer third party products or services. The Site may also have other users or members who interact with each other, through the Site, elsewhere online, or in person. These third party products and any linked sites have separate and independent terms of service and privacy policies. We have no control or responsibility for the content and activities of these linked sites, sellers, and third parties in general, regardless of whether you first were introduced or interacted with such businesses, services, products, and people through the Site, and therefore you agree that we are not liable for any of them. We do, however, welcome any feedback about these sites, sellers, other users or members, and third parties.

Changes to the Site and the Services

The owners and contributors to the Site will work to improve the Site for our users, and to further our business interests in the Site. We reserve the right to add, change, and remove features, content, and data, including the right to add or change any pricing terms. You agree that we will not be liable for any such changes. Neither your use of the Site nor these terms give you any right, title, or protectable legal interest in the Site or its content.

Indemnity

If your activity or any activity on your behalf creates potential or actual liability for us, or for any of our users, partners, or contributors, you agree to indemnify and hold us and any such user, partner, contributor, or any agent harmless from and against all claims, costs of defense and judgment, liabilities, legal fees, damages, losses, and other expenses in relation to any claims or actions arising out of or relating to your use of the Site, or any breach by you of these Terms of Use.

Intellectual Property

The Site grants User a revocable, non-transferable, and non-exclusive license to use the Site solely in connection with the Site and the Services, under these Terms.

Copyright in all content and works of authorship included in the Site are the property of the Site or its licensors. Apart from links which lead to the Site, accurately attributed social media references, and de minimus text excerpts with links returning to the Site, no text, images, video or audio recording, or any other content from the Site shall be copied without explicit and detailed, written permission from the Site’s owner. User shall not sublicense or otherwise transfer any rights or access to the Site or related Services to any other person.

The names and logos used by the Site, and all other trademarks, service marks, and trade names used in connection with the Services are owned by the Site or its licensors and may not be used by User without written consent of the rights owners. Use of the Site does not in itself give any user any license, consent, or permission, unless and then only to the extent granted explicitly in these Terms.

All rights not expressly granted in these Terms are reserved by the Site.

Privacy

Any information that you provide to the Site is subject to the Site’s Privacy Policy, which governs our collection and use of User information. User understands that through his or her use of the Site and its Services, User consents to the collection and use (as set forth in the Privacy Policy) of the information, including the transfer of this information to the United States and/or other countries for storage, processing and use by the Site. The Site may make certain communications to some or all Users, such as service announcements and administrative messages. These communications are considered part of the Services and a User’s account with the Site, and Users are not able to opt out of all of them.

Usernames, Passwords, and Profiles

If prompted, Users must provide a valid email address to the Site, at which email address the User can receive messages. User must also update the Site if that email address changes. The Site reserves the right to terminate any User account and/or User access to the Site if a valid email is requested but is not provided by the User. If the Site prompts or allows a User to create a username or profile, Users agree not to pick a username or provide any profile information that would impersonate someone else or that is likely to cause confusion with any other person or entity. The Site reserves the right to cancel a User account or to change a username or profile data at any time. Similarly, if the Site allows comments or user input, or prompts or allows a User to create an avatar or upload a picture, User agrees not to use any image that impersonates some other person or entity, or that is otherwise likely to cause confusion.

You are responsible for protecting your username and password for the Site, and you agree not to disclose it to any third party. We recommend that you use a password that is more than eight characters long. You are responsible for all activity on your account, whether or not you authorized it. You agree to inform us of unauthorized use of your account, by email to sawadee@newbodyandmind.com. You acknowledge that if you wish to protect your interactions with the Site, it is your responsibility to use a secure encrypted connection, virtual private network, or other appropriate measures. The Site’s own security measures are reasonable in terms of their level of protection, but are not helpful if the interactions of you or any other User with Site are not secure or private.

Disputes

We are based in Koh Samui, Thailand and you are contracting to use our Site. These Terms and all matters arising from your use of the Site are governed by and will be construed according to the laws of Thailand, without regard to any choice of laws rules of any jurisdiction. The federal courts and state courts that have geographical jurisdiction over disputes arising at our office location in the London. UK will be the only permissible venues for any and all disputes arising out of or in connection with these Terms or the Site and Service.

Advertising

The Site may include advertisements, which may be targeted for relevance to the Site, queries made, or other information to improve relevance to the Site’s users. The types and extent of advertising on the Site will change over time. In consideration for User access to and use of the Site, User agrees that the Site and third party providers and partners may place advertising anywhere on the Site. For the remaining terms that will apply to our advertising practices, including use of your information, see our Privacy Policy.

General

These Terms, including the incorporated Privacy Policy, supersede all oral or written communications and understandings between User and the Site. Any cause of action User may have relating to the Site or the Services must be commenced within one (1) year after the claim or cause of action arises.

Both parties waive the right to a jury trial in any dispute relating to the Terms, the Site, or the Services. If for any reason a court of competent jurisdiction finds any aspect of the Terms to be unenforceable, the Terms shall be enforced to the maximum extent permissible, to give effect to the intent of the Terms, and the remainder of the Terms shall continue in full force and effect. User may not assign his or her rights or delegate his or her responsibilities under these Terms or otherwise relating to the Site or its Services. There shall be no third party beneficiaries under these Terms, except for the Site’s affiliates, suppliers, and licensors, or as required by law. Use of the Site and its Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. The failure of the Site to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Terms Contact

If you have any questions about these Terms, please address them to sawadee@newbodyandmind.com.

Retreat Terms and Conditions

No DRUGS, ALCOHOL, FOOD STUFFS or SUPPLEMENTS of any kind is permitted to be brought on to the property occupied by New Body and Mind without the express permission from the Program Manager.

Contravention of this rule will result in your removal from the property and forfeiture of your program and payments.

In the case of DRUGS, New Body and Mind will have no choice but to escort you to the police to explain why you think it is acceptable to be in possession of drugs which is against the laws of the Kingdom of Thailand .

Possession of drugs in Thailand can be punishable by death or life imprisonment.

You are required to inform us of any medical problems and/or medication that you are currently taking, prior to commencing your program.

NON-SMOKING Retreat

Smoking on the property occupied by New Body and Mind is strictly prohibited!

Any disruptive, annoying or discouraging behavior to the detriment of other guests or staff at the retreat will result in your removal from the property and forfeiture of your program and payments.

PAYMENT TERMS

We require a deposit of 50% ( THB ) of the program price and the balance to be paid on arrival.

We accept Visa Card, MasterCard or bank transfer and there is a 3% bank charge on all card transactions, including debit cards.

Any outstanding payments need to be settled on the day of arrival and before starting the program, with no exceptions.

New Body and Mind operates with a strict NO REFUND or EXCHANGE policy on all programs and contents.

We apologize for this; however, preparations for bookings are made with stock, staff, cleaning etc and new inquiries and bookings are declined.

If you wish to defer your program, we will hold your deposit and honor your booking for 12 months from the date of deferral.

A one month notice must be given when re-booking your program. In case of cancellation or change of dates of your program, charges will apply. Typically, you will be charged for the reserved accommodation in case of shortening your stay.

If you are dubious about the length of your program we recommend that you book only one week instead of two or three weeks and extend your stay (subject to availability) during your first week.

Any extra charges for, changes to your program, tours, taxi’s, spa treatments, meals , colonic tips , etc. must be paid COD or in advance and credit will not be given under any circumstances.

New Body and Mind reserves the right to change or amend its policies at any time without prior notice – these changes or amendments may take effect immediately with little or no prior notice.

Last Updated

These terms were last updated on July 24, 2017

We offer not only the "holiday of a lifetime" and an escape from the stress of modern life, but a program for living that will enable you to regain and maintain quality, happiness and control of your everyday life.

For optimal success we recommend a minimum program length of 7-10 days as it takes this amount of time to cleanse your body and for your mind to register your new, healthy habits.


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