Terms and Conditions
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These terms and conditions outline the rules and regulations for the use of Pilatesyogabreathretreat's Website, located at https://pilatesyogabreath.com.
By accessing this website, we assume you accept these terms and conditions. Do not continue to use pilatesyogabreath.com if you do not agree to take all of the terms and conditions stated on this page.
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This Agreement shall begin on the date hereof.
Policy and Booking Terms and Conditions
Please take the time to peruse and understand carefully the conditions of booking a retreat with Pilates Yoga Breath Retreats.
When completing a booking, making a deposit or full payment for a retreat, you agree to bound by these conditions which constitute an agreement between Pilates Yoga Breath Retreats and yourself.
In these Terms and conditions, Pilates Yoga Breath Retreats means our staff, guides, officers, employees, agents and licensees, including any Guides to whom we subcontract duties under these Terms and Conditions.
General
This agreement contains the entire understanding between the parties in relation to its subject matter and supersedes any previous arrangement, understanding or agreement relating to its subject matter. There are no express or implied conditions, warranties, promises, representations or obligations, written or oral, in relation to this agreement other than those expressly stated in it or necessarily implied by statute.
This agreement and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by, and shall be construed in accordance with, the laws of Queensland, Australia, and the parties submit exclusively to that jurisdiction.
Each provision of this agreement is separate and severable. No failure, delay, relaxation or indulgence by a party in exercising any power or right conferred upon it under this agreement will operate as a waiver of that power or right. No single or partial exercise of any power or right precludes any other or future exercise of it, or the exercise of any other power or right under this agreement.
Pilates Yoga Breath Retreats is an independent contractor and nothing in this agreement constitutes a relationship of employer and employee, principal and agent, partnership or joint venture between us and you.
This agreement may be signed by e-signature, checking a box before checkout and both parties agree to accept electronic transmissions in accordance with the terms of the Electronic Transactions Act (Queensland) 2001 (Qld).
Retreat Services
Pilates Yoga Breath Retreats engages Guide/s who accompany travellers on their Retreat in a particular location. In providing the Retreat Services, Pilates Yoga Breath Retreats acts as a facilitator, connecting independent travellers to retreat in the same or similar location and assigning a Guide to accompany them (a Facilitated Retreat). If all independent travellers agree, the Guide may also make recommendations to the travellers on their retreat, including recommendations in relation to other experiences and engagements which they may be involved in as incidental to the Facilitated Retreat.
As an independent traveller, you wish to have the benefit of the Retreat Services on your retreat with Pilates Yoga Breath Retreats. You agree to engage in a Facilitated Trip with other independent travellers and a Guide under the terms of this Agreement.
A Guide means an individual engaged by Pilates Yoga Breath Retreats to act as guide throughout a Facilitated Retreat.
Payments and Prices
Deposit, full payments, instalments and cancellations
A non-refundable deposit of $500 is required for your booking to be confirmed. If your booking is made within 60 days of the retreat start date, then the full amount is payable at the time of booking which includes your non-refundable deposit, unless we agree on a payment plan.
Payment of the balance of the trip is due 60 days prior to the retreat start date unless otherwise noted, including payment plans. If payment of the balance is not received by the due date, we, Pilates Yoga Breath Retreats reserves the right to treat your booking as cancelled.
Cancellation up to 60 days prior to travel for retreats will incur a cancellation fee of $500 and the remaining balance to be credited towards any retreat 12 months from the cancellation date.
Cancellation later than 60 days prior to travel will mean that the full cost of the trip is non-refundable and non-transferable.
You must notify us of cancellations and changes to bookings in writing and as soon as possible. We strongly recommend you take out travel insurance at the time of booking to cover any unforeseen cancellation.
All changes made to bookings incur an administration fee of $150 per change.
All bookings made must be paid out in full within 60 days of the retreat start date, unless a payment plan is in place. In case of a payment plan, the final instalment is payable within 60 days or 6 weeks of the retreat start date, whichever is sooner. Failure to complete payment will result in an automatic cancellation of the trip and retreat and cancellation fee of 100% of all monies paid.
Prices
All retreat prices are quoted and payable in Australian dollars.
All prices are subject to availability and can be withdrawn or varied by us without notice. The price is only guaranteed when paid in full. Prices quoted on the website are subject to change without notice and at our complete discretion. Price changes may due to matters outside our control, including currency fluctuations, fuel surcharges, taxes and transport and supplier increases. Please contact Pilates Yoga Breath Retreats for up to date prices.
Pilates Yoga Breath Retreats is not responsible for any fees incurred due to currency exchange or fees charged by your credit card/bank for processing funds in another currency.
The retreat participant is responsible to pay for all extra services not included in the retreat package.
We accept payments via various payment methods as determined by us from time to time, including Direct Deposit or Credit card (2.5% fee). Your booking will not be considered reserved until the requested deposit has been received and will not be considered final until all payments are made in full on the terms we, Pilates Yoga Breath Retreats set.
Our Facilitated Retreat require a minimum of 12 passengers for guaranteed departure unless minimum group size specifically states otherwise. We may also decide at our discretion, where safe and responsible to do so, operate trips with smaller numbers than this and to operate with only one guide.
By paying your deposit, or by paying the full amount for your retreat, you agree and accept our Policy and Booking Terms and Conditions.
Travel Insurance
Adequate travel insurance (‘Insurance’) is required for all retreat participants. Retreat participants must obtain comprehensive travel insurance or have medical insurance to attend our retreats including, but not limited to, cover for (when applicable, overseas) medical expenses, evacuation charges, force majeure events and trip cancellations.
Your travel insurance should also provide cover against personal accident, death, medical expenses and emergency repatriation with all recommended minimum coverage of $200,000 AUD. We also advise it covers cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay, illness preventing your trip or inconvenience.
The adequate travel insurance is purchased from a reputable provider which indicates in its Products Disclosure Statement that the insurance has top medical and emergency evacuation cover and covers ‘pilates’ and ‘yoga’ as an activity. And the insurance will provide full cover for you irrespective of your actions on the Facilitated Trip, or the actions of any service provide, including Pilates Yoga Breath Retreats.
If you have doubts about the extent of the insurance cover, contact the insurer prior to purchasing the insurance and obtain written advice and confirmation from the insurer that you will be fully covered for the Facilitated Retreat.
You are required to do all other acts and duties necessary to ensure that should you be injured, incapacitated or otherwise harmed while on the Facilitated Retreat with Pilates Yoga Breath Retreats and engaging us for the Retreat Services, the insurance will cover any and all associated costs.
You release, indemnify and forever discharge us for any and all damages, costs or liability (however caused) which results from your failure to obtain adequate Insurance prior to your Facilitated Retreat.
Retreat participants must provide Pilates Yoga Breath Retreats with full insurance details at the time of final payment. Failure to provide these documents may result in your booking being cancelled and forfeiting the non-refundable deposit or full payment if the final payment is due within 60 days of the retreat start date. It is the participant’s responsibility to provide these documents and ensure they are received by Pilates Yoga Breath Retreats. We reserve the right to refuse to provide you the Retreat Services where you do not hold appropriate and adequate Insurance.
Cancellations By Retreat Participant
If you as a retreat participant have to cancel a retreat by Pilates Yoga Breath Retreats for any reason, including but not limited to bad weather, natural disasters, acts of terrorism, flight delays or cancellations, illness, COVID restrictions, health conditions, medical or personal or family or work emergencies or change of mind, the retreat participant understand that the policy is as follows:
The deposit of $500 will not be refunded.
If the cancellation occurs more than 60 days in advance of the retreat start date, a full refund, minus the non-refundable deposit in sum of $500 will be made.
If the cancellation occurs within 60 days of the retreat start date, no refund will be issued.
If the participant has to leave prior to its conclusion, refunds will not be made for the unused portion of the trip and retreat. No refunds will be made for any excursion, meal, pilates class, yoga class, meditation, breathwork or other activity that the participant misses or decides not to participate in for any reason.
All cancellations must be received in writing to pilyobreathretreat@gmail.com
It is the Participant’s responsibility to contact Pilates Yoga Breath Retreats and seek confirmation that their written cancellation was received by Pilates Yoga Breath Retreats to avoid any potential additional cancellation fees that may be incurred due to delayed cancellation. If you have not received a response to your cancellation request, you can also email to lazpocze1@gmail.com or can send a direct message onto our Instagram page (‘Pilates Yoga Breath Retreats’). We will not take any responsibility for any costs associated with cancellation emails or messages not being received.
If you would like to transfer your booking to another Participant, this must be requested in writing to pilyobreathretreat@gmail.com and it is subject to written approval.
Passport And Visa
You must carry a valid passport and have obtained all of the appropriate visas, permits and certificates for the countries in which you will visit during your trip. You indemnify and hold us harmless for any fines, penalties, payments or expenditures incurred as a result of your travel documents not meeting the requirements, and any measure we take in response.
Your passport must be valid for international travel and valid for 6 months beyond the duration of the trip. It is your responsibility to ensure that you are in possession of the correct visas, permits and certificates for your trip. Pilates Yoga Breath Retreats is not responsible if you are refused entry to a country because you lack the correct passport, visa or other travel documentation.
Participants must be at least 18 years or older to attend Pilates Yoga Breath Retreats group retreats, events or workshops.
If you need information regarding visa and other travel document requirements for your Facilitated Retreat, please feel free to contact us. We may assist in obtaining information from an external visa advisory service provider on your behalf, but do not warrant the accuracy of such information and accept no liability for any loss or damage which you may suffer in reliance on it. We might also be able to direct you to the relevant visa agency.
Airfare and travel costs to Facilitated Retreat locations
Pilates Yoga Breath Retreats do not include national or international airfares unless otherwise stated.
We strongly recommend you wait until the Retreat is confirmed to run before booking airfare or making any non-refundable travel arrangements.
We may offer to manage bookings for the Facilitated Retreats as part of the Retreat Services, however our management of bookings does not constitute an agency relationship. While we may provide you details for third party travel partners, including airlines, transport and accommodation companies, we take no responsibility for, and you indemnify us against, any issues, delays, breaches or claims by or against third party travel providers.
You are responsible for any costs associated with joining a Facilitated Retreat if your flight experiences delays or otherwise and does not arrive in time for the arranged group departure.
We may act as an agent for third-party service travel providers (Providers) in some locations from time to time. Bookings made with Providers represent a contractual relationship between you and that Provider, and will be subject to their terms and conditions. You acknowledge and agree that we have no control over Providers and offer no guarantees regarding same. Where a Provider breaches their obligations, you acknowledge that your sole remedy is against the Provider; and warrant that you will bring no claim or action against us which involve a Provider; and indemnify us against any and all claims or liability in relation to that Provider.
Reserving right to refuse service
We, Pilates Yoga Breath Retreats reserve the right to accept, decline, or retain any person as a participant at the Retreat at any time without liability and without any obligation to pay a refund or any other amount whatsoever.
We, Pilates Yoga Breath Retreats take no responsibility or liability for any participant who leaves the Facilitated Retreat prior to its conclusion or for any activity undertaken by any participant that is not included on the Schedule of Events or other itinerary.
Cancellation by Pilates Yoga Breath Retreats due to retreat booking numbers
Pilates Yoga Breath Retreats reserves the right to cancel any retreat prior to departure in the event that the minimum number of bookings are not confirmed. In such case you will be given a full refund of any and all payments made.
You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damage (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation (including but not limited to visa and passport fees and expenses, flights, flight cancellation and reservation fees, and vaccination costs). Pilates Yoga Breath Retreats requires that you purchase adequate travel insurance.
In the event of a refund, Pilates Yoga Breath Retreats is not responsible for fluctuations in currency exchange rates and will refund in Australian dollars via direct deposit.
Changes
Pilates Yoga Breath Retreats reserves the right to make changes to any aspect of the retreat.
It is the absolute discretion of Pilates Yoga Breath retreats, if essential to do so, due to conditions that may be hazardous or dangerous or due to any other adverse or threatening conditions such as weather, political, military, terrorist or otherwise or for any other reason considered vital by Pilates Yoga Breath Retreats.
If the designated Retreat leader/s is unable to lead the trip for any reason, Pilates Yoga Breath Retreats, in its discretion, will enlist another person of substantially similar qualifications to lead the retreat. In the event of any change, postponement, cancellation, or delay, the retreat participant acknowledges that the retreat participant will have no right to refund of the retreat price in whole or in part and no right to claim compensation for any injury, loss or damage or other additional expenses incurred by virtue of the change, modification, cancellation, postponement or delay.
Special requirements
Where the Facilitated Retreat includes arranging food or other necessities, the retreat participant must liaise with Pilates Yoga Breath Retreats within 7 days of the booking regarding any special requirements the retreat participant may have (such as special dietary requests). Where we cannot accommodate a request, we will inform you of same.
Travel Advice
Should you require travel advice, you agree that you will contact the Department of Foreign Affairs and Trade or visit their website. SHOULD WE LINK THE WEBSITE HERE?
Force Majeure
In the event of a Force Majeure, there is no refund. Pilates Yoga Breath Retreats follows the state laws at the time of departure. If the Facilitated Retreat is unable to proceed with a departure date due to Force Majeure or state restrictions for the departure location, the retreat participant funds will be placed in travel credits less any unrecoverable costs associated with the trip you have paid for. Such travel credit can may be used on any Pilates Yoga Breath Retreats for up to 12 months from the original departure date.
If Pilates Yoga Breath Retreats and the retreat leader/s is prevented from performing any of his/her obligations under this Agreement by acts of God, strikes, pandemic outbreaks, trade disputes, fire, weather, breakdowns, interruption of transport, government or political action, acts of war or terrorism, acts or omissions of a third party or for any other cause whatsoever outside Pilates Yoga Breath Retreats and the retreat leader’s reasonable control, Pilates Yoga Breath Retreats and the retreat leader/s will be under no liability whatsoever to the retreat participant and may either cancel or postpone the retreat.
Pilates Yoga Breath Retreats reserves the right to cancel any retreat due to any government travel warning or advisory. In this event, Pilates Yoga Breath Retreats will be under no liability whatsoever to you. Pilates Yoga Breath Retreats requires retreat participants to obtain comprehensive adequate travel insurance.
A “Force Majeure Event” includes but is not limited to, acts of God, fire, earthquake, flood, windstorm or other extreme weather events, war, civil commotion, riot, blockade or embargo, breakdown, union dispute, epidemic, pandemic, lack or failure of courses of supply, passage of any law, order, regulation, ordinance, proclamation, demand, requisition or requirement or any other act of any government authority, outside of the reasonable control of either parties whether or not foreseeable, which renders performance impossible.
Foreign travel waiver
The retreat participant acknowledges that travel to foreign countries may involve many risks not known to them or to Pilates Yoga Breath Retreats, retreat leader/s, and their owners, operators, officers, employees, independent contractors, representatives, agents, guides, or anyone else attending or participating in a Retreat or other Program. These risks may not be reasonably foreseeable at this time or at the time of the Retreat or Program in which the retreat participant participates, and may not normally be associated with travel. The retreat participant knowingly and voluntarily agrees to assume any and all risks associated with such travel.
Acknowledgment of Risks
The retreat participant voluntarily participates in the Facilitated Retreat and receives the Retreat Services, while doing so, the retreat participant acknowledges that:
- he/she is aware the inherent risks associated with Retreat or Program activities, including, but not limited to, the risks associated with pilates, yoga, meditation, breath work, dance, art, mountain or nature excursions, hiking, swimming, snorkelling, boat trip, foreign travel, and any other activities associated with the Retreat or Program he/she is attending; and
- he/she aware of the risks of injury, death, and property damage that may result from, among other causes, the acts or omissions of Pilates Yoga Breath Retreats, Retreat Leader/s, and their owners, operators, officers, employees, independent contractors, representatives, and/or agents; and
- he/she is aware that he/she may be exposed to hazards and risks that could lead to injury, illness or death, or to loss of, or damage to his/her property; and
- he/she carries the recommended water, food and equipment as indicated by the retreat leader in writing as well as verbally daily briefed by the /retreat later or Guide; and
- he/she advises the retreat leader or Guide if he/she takes any medication or have any physical or other limitation that might affect his/her participation in a Facilitated Retreat. If the retreat participant takes any medication, the retreat participant acknowledges and ensures that he/she has more than a sufficient supply in all circumstances; and
- he/she becomes unwell or sick, he/she notifies the retreat leader or guide; and
- he/she makes every effort to remain with the rest of the retreat team and party during any Facilitated Retreat; and
- he/she advises the retreat leader or Guide immediately of any concerns he/she has during a Facilitated Retreat; and
- he/she has all parts of the Facilitated Retreat within his/her recognized capabilities; and
- if he/she is injured, he/she may be in a location or circumstances where evacuation for medical treatment may take a long time (i.e. hours); and
- in many countries where Facilitated Retreats take place, standards of accommodation, transport, health care, hygiene, safety and service provision generally may not be as high as those standards in the retreat participant’s country of residence; and
- he/she may be subject to natural disasters, acts of god, acts of war, adverse weather or many other types of unforeseen and extreme events; and
- he/she assumes all risks associated with his/her participation in the Facilitated Retreat or Program including, without limitation, the risk of negligent or intentional acts or omissions or theft by other participants or third parties, and the risk of injury caused by the condition of any property, facilities or equipment used during the Facilitated Retreat or Program. While all care is taken, Pilates Yoga Breath Retreats cannot accept any responsibility for loss or damage to personal possessions or valuables of guests and retreat participants; and
- he/she is solely responsible for his/her safety when participating in a Facilitated Retreat, and he/she is not relying on any aid, instruction, medical expertise or other assistance from Pilates Yoga Breath Retreats or a Guide; and
- he/she warrants and agrees that he/she will take all actions necessary to minimise any risk and chance of injury
- parents are responsible for their children and children under the age of 18 must be accompanied by two consenting adults.
Release of liability
Subject to the application of any applicable consumer law and to the maximum extent permitted by law, we exclude from this Agreement and you hereby release and indemnify us from, all guarantees, conditions and warranties that might but for this clause be implied into this Agreement, including all liability to you for any costs, expenses, injury, inconvenience losses and damages suffered or incurred directly or indirectly by you in connection with this Agreement, including using the Retreat Services, whether that liability arises in contract, tort or under statute, whether for our actions or the actions of a third party. You acknowledge and agree that we will not, under any circumstances, be liable to you for any consequential, special, exemplary or any other type of loss, however caused.
You waive and release, on behalf of myself, my heirs and my estate, all claims of whatever nature against Pilates Yoga Retreats, Retreat Leaders, and their owners, operators, officers, employees, independent contractors, representatives, and/or agents including, but not limited to, claims of any injury, loss, damage, accident, delay, irregularity or expense caused by strikes, war, weather, sickness, quarantine, government restrictions, or arising from any act or omission of any steamship, airline, railroad, bus company, hotel, restaurant, school or university, firm, agency or individual, or for any other cause whatsoever arising out of, resulting from or in connection with the Facilitated Retreat or Program.
If our liability under this Agreement cannot be lawfully excluded, to the maximum extent permitted by law, our liability for breach of any condition under applicable consumer law is limited.
In the case of goods, to (at our option) the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired.
In the case of services, to (at our option) the supplying of the services again; or the payment of the cost of having the services supplied again.
In the case of property damages or contract breaches caused by you or persons you make a reservation for you will be held responsible for the total cost of goods and repairs.
Indemnification and hold harmless
It is expressly understood and agreed that Pilates Yoga Breath Retreats is not providing personal chaperones or supervision with respect to its Facilitated Retreats or Programs and that the retreat participant is responsible for his/her individual conduct, health and safety at all times. The retreat participant agrees to defend, indemnify and hold harmless Pilates Yoga Breath Retreats, Retreat Leaders, and their owners, operators, officers, employees, independent contractors, representatives, and/or agents for any and all demands, costs, losses, expenses, claims, recoveries, judgments and liabilities (including attorneys’ fees) of any nature arising out of, or in consequence of, the retreat participant’s acts, words, conduct, etc. in any way connected with his/her participation in the Facilitated Retreat or Program including, but not limited to, damage to property, any injuries or death sustained by any person(s).
Representation of good health and fitness
The retreat participant must ensure that he/she is in good health and physical condition, has no physical conditions that affect his/her ability to travel and/or participate in any of the activities involved in this Facilitated Retreat or Program, and he/she has not been advised otherwise by a medical practitioner. The retreat participant acknowledges that Pilates Yoga Breath Retreats, Retreat Leaders, are in no way responsible for any costs related to the retreat participant’s medical care.
The retreat participant must ensure that he/she is aware of any health requirements for his/her trip and that he/she carries all necessary vaccination documentation.
The retreat participant also acknowledges that he/she must also:
- check with his/her local doctor or specialist vaccination clinic at least two (2) months prior to the retreat regarding his/her health and required vaccinations (or otherwise, as soon as possible);
- be in good health and physical condition for his/her chosen trip;
- complete any documentation we request as part of the Facilitated Trip, which will may include providing information on his/her physical health and current physical activity levels; and
- pay for any and all medical evaluation fees necessary in proving his/her fitness.
We may require that you provide us with a Doctors Certificate clearing you to participate in a Facilitated Retreat. The retreat we are assisting you to organise may take place in remote areas where there is little or no access to normal medical service or hospital facilities. If the retreat participant requires evacuation, it can be prolonged, difficult and expensive. The retreat participant acknowledges and agrees that all medical and evacuation expenses will be his/her responsibility, and that we may refuse to provide Retreat Services on any Facilitated Retreat on medical or fitness grounds.
Jurisdiction, choice of law venue
This Waiver and Terms are governed by and to be construed in accordance with the laws of Queensland, and the Commonwealth of Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland.
If any of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms which will continue in full force and effect.
Broad construction of waiver
This Waiver is a legally binding agreement and will be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
Enforceability
If any provision of this Waiver is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Waiver shall remain in full force and effect and shall in no way be impaired.
Knowing and voluntary execution
The retreat participant acknowledges that he/she has carefully read this Waiver, understand its contents, and understand that this Waiver includes a release of liability and an assumption of the risk. I acknowledge that Pilates Yoga Breath Retreats, Retreat Leaders, is materially relying on this waiver and is allowing the retreat participant to engage in activities including but not limited to pilates, yoga, meditation, breathwork, dance, art, swimming, sailing, and mountain nature excursions, etc.
Use of photos and videos
In registering for Pilates Yoga Breath Retreats’ retreat/event, the retreat participant grants permission to Pilates Yoga Breath Retreats, its agents and others working under its authority, to take and to have full and free use of video/photographs containing the retreat participant’s image/likeness. The retreat participant understands these images may be used for promotional, news, online/multimedia, research and/or educational purposes by and for Pilates Yoga Breath Retreats. This includes digital images which may be posted on their website and social media accounts (i.e. Instagram and Facebook). By participating in any Pilates Yoga Breath Retreats’ retreat or Program, the retreat participant agrees that he/she consents to the use of his/her image or likeness by Pilates Yoga Breath Retreats for any purpose, including but not limited to electronic and printed promotional material.
The retreat participant agrees that he/she is not entitled to remuneration, residuals, royalties or any other payment in respect of your image/likeness or its use. The retreat participant releases, discharges, and holds harmless, Pilates Yoga Breath Retreats and its agents from any and all claims, demands or causes of actions that you may hereafter have by reason of anything contained in the photographs or video.
Disclosure of pertinent information and Privacy policy
It is essential that any pertinent information, including any social, emotional or physical problems that might limit the retreat participant’s active participation in Pilates Yoga Breath Retreats’ retreats or programs be discussed with the director/s prior to acceptance and attendance in a Facilitated Retreat. We want this to be a successful experience for the retreat participant and Pilates Yoga Breath Retreats.
To book a Retreat/Event and provide you with our Services, we may have to supply your personal information to third parties supplying travel products or services as part of your Retreat/Event. Any use or disclosure of the retreat participant’s personal information by us is in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles as amended from time to time. How we use, store and deal with your personal data, included any personal data provided under this agreement, is governed by our Privacy Policy as amended from time to time.