1. About the Website
      1. Welcome to www.kohamea.com (the ‘Website’). The Website is intended to help you research, plan, and book surf and yoga oriented vacations and experiences around the world. We are not tour operators or hoteliers but rather travel agents offering travel recommendations, inspiration, and booking services in connection with various Third Party Suppliers (“Suppliers”) of accommodations, tours, activities, retreats, charters, and other travel services. (the ‘Services’).
      2. The Website is operated by Kohamea. Access to and use of the Website is provided by Kohamea. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
      3. Kohamea takes all reasonable steps to ensure that the information provided through the Website and Services are correct. However, we do not guarantee the correctness or completeness of material through the Website or Services. We may make changes to the material on the Website at any time and without notice. The material on the Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.
        The information, content, and materials provided through the Website and Services are provided without any conditions, guarantees, or warranties of any kind.
      4. Kohamea reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Kohamea updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
    1. Acceptance of the Terms
      You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Kohamea in the user interface.
    1. Your Booking Agreement
      Kohamea acts as a booking agent for various Suppliers featured on the Website and through our booking Services. When you make a booking through the Website or Services, you are entering into a “Booking Agreement” or contract with the Supplier via Kohamea, not with Kohamea itself. As an agency, we do not accept responsibility for the acts or omissions of the Supplier or for the accommodations and services provided by the Supplier. Our Terms, as well as the Supplier’s terms and conditions, will apply to your booking and we strongly advise you to read these carefully as they contain important information about your Booking Agreement. Please ask us for copies of these if you do not have them.
    1. Registration to use the Services
      1. In order to access the Services, you must first register for an account through the Website (the ‘Account’).
      2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
        1. Email address
        2. Preferred username
        3. Mailing address
        4. Telephone number
        5. Password
        6. Payment details
      3. You warrant that any information you give to Kohamea in the course of completing the registration process will always be accurate, correct and up to date.
      4. Once you have completed the registration process, you will be a registered member of the Website (‘Member‘) and agree to be bound by the Terms.
      5. You may not use the Services and may not accept the Terms if:
        1. you are not of legal age to form a binding contract with Kohamea or Supplier; or
        2. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
    1. Your obligations as a Member
      As a Member, you agree to comply with the following:

      1. you will use the Services only for purposes that are permitted by:
        1. the Terms; and
        2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
      2. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
      3. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Kohamea of any unauthorised use of your password or email address or any breach of security of which you have become aware;
      4. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Kohamea providing the Services;
      5. you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Kohamea;
      6. you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
      7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Kohamea for any illegal or unauthorised use of the Website; and
      8. you acknowledge and agree that any automated use of the Website or its Services is prohibited.
    1. Payments, Deposits, Cancellations and Refunds

      All confirmed bookings are subject to the individual Supplier’s terms and conditions. Once the booking is confirmed, you are subject to the terms and conditions of that Supplier’s payment, deposit, cancellation, and refund policies.

      1. Payment
        Payment procedures will be subject to the payment procedure of the Supplier. Any advance deposits, additional fees or charges will always be clearly outlined before you make your booking. Your booking is confirmed and a contract between you and the hotel will exist when we send you confirmation on their behalf. Please check your confirmation carefully and report any incorrect or incomplete information to us immediately. Please ensure that names are exactly as stated in the relevant passport. As we act only as a booking agent, we have no responsibility for any errors in any documentation except where an error is made by us.
        When an offer of availability is made by the Supplier, your booking is not confirmed until you receive a booking confirmation. We, therefore, advise you to accept the offer as soon as possible after receipt in order to make a firm booking. You will be notified by email within 24 hours whether your booking has been confirmed. It is your responsibility to contact Kohamea at hello@kohamea.com if a confirmation email has not been received.
      2. Supplier’s Amendment & Cancellation Policy
        If you want to amend or cancel a confirmed booking, you must contact us. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier. In all cases, once the booking is confirmed, you are subject to the terms and conditions of that Supplier’s cancellation policy.
    1. Changes and Cancellations by the Supplier
      We will inform you as soon as reasonably possible if the Supplier needs to make a considerable change to your confirmed booking or to cancel. We will also liaise between you and the Supplier in relation to any alternative arrangements offered by the Supplier but we will have no further liability to you.
    1. Complaints
      Because the Booking Agreement for your arrangements is between you and the Supplier, any queries or concerns upon arrival or during your stay should be addressed to them. If you have a problem during your stay, this must be reported to the Supplier immediately. If you fail to follow this procedure there will be less opportunity for the Supplier to investigate and rectify your complaint. The amount of compensation you may be entitled to may, therefore, be reduced or extinguished as a result.
      If you still wish to complain when you return home, you can contact us and we will liaise between you and the Supplier in order to try to resolve your complaint. Please note that we do this as part of our customer service to you and as a gesture of goodwill. We do not accept responsibility for dealing with complaints, nor do we have any liability for refunds or compensation.
    1. Copyright and Intellectual Property
      1. The Website, the Services and all of the related products of Kohamea are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Kohamea or its contributors.
      2. All trademarks, service marks and trade names are owned, registered and/or licensed by Kohamea, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
        1. use the Website pursuant to the Terms
        2. copy and store the Website and the material contained in the Website in your device’s cache memory; and
        3. print pages from the Website for your own personal and non-commercial use.
      3. Kohamea does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Kohamea.
      4. Kohamea retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
        1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
        2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
        3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
      5. You may not, without the prior written permission of Kohamea and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
    1. Third-party Websites and Content
      Our Website may contain links to third-party websites, advertisers or travel services which we do not control. By use of those third-party websites, you agree that we are not liable or responsible for the availability or accuracy of such websites, or the content, products, or services available from such websites. Your dealings with any third party websites or links found on our Website are solely between you and those third parties, and you agree to assume all responsibility, risk, and liability for your interactions with such websites. We strongly encourage you to read the appropriate terms of conditions and privacy policies and any websites before utilising their services as you agree to expressly hold us harmless from any and all liability from your use of those third-party websites, links, services, or advertisers.
    1. Privacy
      Kohamea takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Kohamea’s Privacy Policy, which is available on the Website.
    1. General Disclaimer
      1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
      2. Subject to this clause, and to the extent permitted by law:
        1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
        2. Kohamea will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
      3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Kohamea make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Kohamea) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
        1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
        2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
        3. costs incurred as a result of you using the Website, the Services or any of the products of Kohamea; and
        4. the Services or operation in respect to links which are provided for your convenience.
    1. Limitation of liability
      1. Kohamea’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
      2. You expressly understand and agree that Kohamea, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
    1. Termination of Contract
      1. The Terms will continue to apply until terminated by either you or by Kohamea as set out below.
      2. If you want to terminate the Terms, you may do so by:
        1. providing Kohamea with ’14’ days’ notice of your intention to terminate; and
        2. closing your accounts for all of the services which you use, where Kohamea has made this option available to you.
          Your notice should be sent, in writing, to Kohamea via the ‘Contact Us’ link on our homepage.
      3. Kohamea may at any time, terminate the Terms with you if:
        1. you have breached any provision of the Terms or intend to breach any provision;
        2. Kohamea is required to do so by law;
        3. the provision of the Services to you by Kohamea is, in the opinion of Kohamea, no longer commercially viable.
      4. Subject to local applicable laws, Kohamea reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Kohamea’s name or reputation or violates the rights of those of another party.
    1. Indemnity
      1. You agree to indemnify Kohamea, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
        1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
        2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
        3. any breach of the Terms.
    1. Dispute Resolution
      1. Compulsory:
        If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
      2. Notice:
        A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
      3. Resolution:
        On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:

        1. Within ’30’ days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
        2. If for any reason whatsoever, ’14’ days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Conflict Resolution Service or his or her nominee;
        3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
        4. The mediation will be held in Sydney, Australia.
      4. Confidential:
        All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
      5. Termination of Mediation:
        If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
    1. Venue and Jurisdiction
      The Services offered by Kohamea is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
    1. Governing Law
      The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
    1. Independent Legal Advice
      Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
  1. Severance
    If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.