Terms and Conditions

1     These terms

1.1  These terms apply from the time you place an order with our School. If anything in this Agreement differs from what you have been told by our People, this document will take precedence.

1.2  By placing your order for the Services either online through our Website, at our School or by telephone you accept and agree to abide by these terms and conditions.

1.3  By providing your Personal Information to us, you agree to our privacy policy which forms part of these terms.

1.4  We have not waived our rights if we do not enforce any right contained in these terms during a particular timeframe.

1.5  We may add to, change or remove any of the terms and conditions or other clauses within these terms such as ways in which we operate, changes to operating hours, opening days, or closures for refurbishment or public holidays.

1.6  The most up to date version of these terms will always apply. Copies of the current version of these terms are available on our website.

1.7  Fourteen (14) days notice will be provided of any change to these terms by:

(i)   Putting a notification on our website;

(ii)  Publishing the new terms on our website.

2     Account and Orders

2.1  In order to purchase Services through our Website you must register an online account with us.  As part of the registration process, you will be asked to create a user profile.

2.2  Once you have created a user profile and logged into our online system, you may place an order with us, by selecting services and pressing the checkout button. Orders are deemed to be received by us at the time of successful transmission of the order. You will receive an automatic email confirming the successful processing of your order and your payment.

2.3  You must be at least 18 to place an order with us.

2.4  We accept an order when the order is received and not rejected by us within 2 Business Days.

2.5  We reserve the right to refuse to accept any order.

2.6  Each order is a separate agreement between you and us and is subject to these terms and conditions.

3     Your health and age

3.1  Upon each purchase of any of our Services including but not limited to classes, memberships, pre-purchased classes or multi-passes, workshops or events, and each time you attend our premises or utilise our Facilities you warrant that:

(a)  You are in good medical and physical condition; and

(b)  There is no reason, medical or otherwise, why you should not undertake a given class, workshop or event.

3.2  We reserve the right to refuse you from participation in classes, workshops or events whether you have paid in advance for classes, workshops or events, or not, if:

(a)  We perceive a reasonable risk of injury to you or any other person due to your participation; or

(b)  If we perceive that you have an infection, contagious illness, physical ailment, open cut or sore or other health, medical or other related concern.

3.3  By participating in any class, workshop or event you agree to the following:

(a)  You’ll comply with directions and policies.

(b)  You acknowledge that any type of exercise involves risk of injury which may result in death or serious disability.

(c)  Despite such risk you agree that you participate entirely at your own risk of injury or bodily harm to yourself and others.

(d)  You release us and all of our People and any other persons involved in my participation in any activity with us from any action, claim, suit or demand for compensation whether for damage to property or personal injury arising from your participation.

(e)  You understand that these terms are contractual and may be relied upon in any proceedings by or involving you and your heirs, executors and assigns.

(f)   You acknowledge this waiver is ongoing and applies to all future participation by you in activities at our School.

(g)  To the fullest extent permitted by law, we make no warranties about the goods or services we supply. Where you have the benefit of guarantees that cannot by law be excluded or varied, our liability for breach of any such guarantee is limited (at our option) to:

(i)   Repair or replacement of goods;

(ii)  Re-supply of services;

(iii) Payment of the cost of same.

(h)  Our people are not medically trained;

(i)   Our people are not qualified to assess if you are in good physical condition or health;

(j)   Our people are not qualified to assess if you are physically capable of participating in the class, workshop or event activities or other active or passive exercise without risking your health, safety or comfort.

(k)  To seek expert advice before undertaking any classes, workshops or events at our School.

3.4  You must be at least 18 to participate in classes, workshops or events. If you are under the age of 18 you are not permitted to participate in classes, workshops or events without a parent or guardian signing our contract on your behalf. If you are under the age of 2 you are not permitted to participate in classes without a parent or guardian present.

4     Your Obligations

4.1  You must:

(a)  Ensure that you comply with this agreement;

(b)  Promptly notify us if you believe or suspect that your online account with us has been compromised;

(c)  Regularly check the email address provided to us on registration for messages about the Services or your order or, if you have arranged for emails to be forwarded to an alternate email address, you must check that alternate email address;

(d)  Provide current, accurate identification, contact, and other information that may be required as part of the online account registration process;

(e)  Maintain the confidentiality of your online account and account password and accept full responsibility for all activities that occur with your online account. Where the current online account details (including mobile phone number or other mobile verification) or password are provided, We are entitled to assume that the access is by you, or authorised by you, and you indemnify us completely against any claim of loss or damage that results from wrongful, fraudulent or other access (using the correct account details or password) to your online account.

4.2  You must not do, and you must not authorise or encourage any third party to do, any of the following:

(a)  Prevent other online account holders from using the website;

(b)  Use the website for any illegal, fraudulent or inappropriate purpose; or

(c)  Act in any way that violates this agreement.

5     Liability

To the extent permitted by law, neither we nor any of our related bodies corporate, directors, employees or agents accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control, force majeure or any other event which is beyond our control or which is not preventable by reasonable diligence on our part.

6     Fees and refunds

6.1  Our current fees for classes, workshops and events are available on our website.

6.2  Payment of fees is to be made before you commence classes, workshops or events, or purchase a membership, pre-purchase class or multi-pass.

6.3  Our classes, workshops and events are subject to availability and we reserve the right to withdraw a class, workshop or event or change our fees for a class, workshop or event or to change class, workshop or event scheduling, at any time prior to booking.

6.4  We reserve the right to change our fees for classes, membership, pre-purchase class or multi-passes at any time.  If you have purchased a membership, pre-purchased class or multi pass the changes to the fees for such services will only apply on the expiry of your then current membership, pre-purchased class or multi pass.

6.5  We reserve the right to change class timetables, teachers and schedules at any time.

6.6  There will be no refunds of fees in any circumstances.

6.7  Pre-purchased classes, multi-passes or memberships may include specific time based restrictions on their redemption and usage. All pre-purchased classes, multi-passes or memberships are considered valid for redemption within the lessor of: their time based restrictions as specified in writing or within 12 months from their date of purchase. Promotional 3 Class passes are valid for only 1 month from the date of purchase.

6.8  Transfer of bookings for our classes, workshops or events or of ownership of any pre-purchased classes, multi-passes or memberships is not permitted.

7 Membership

7.1  Membership is non-transferable

7.2  Any intentional breach of the terms by you may, in our discretion, result in:

(a)  The cancellation of your membership; and

(b)  Revocation of your privilege to attend the School.

7.3  We may grant temporary suspension of membership on medical grounds upon submission by you of an original medical certificate signed by a medical doctor and specifying the injury or injuries preventing participation in yoga, meditation and pilates, and stating the period you will be unable attend the school.

7.4 The following terms apply to ‘Unlimited Fortnightly’ memberships

(a) In purchasing an Unlimited Fortnightly Membership, you are agreeing that:This membership has a minimum 16 week (4 month) membership commitment

(i) are agreeing to a minimum 8 x fortnightly payment instalments at the price as listed on the Website at time of purchase.

(ii) You will be allowed attend an ‘unlimited’ amount of the nominated classes fortnightly

(iii) The listed price will be deducted in advance from your nominated bank account or credit card fortnightly at the start of the fortnight.

(iv) Any failed payments will be re-issued by us on your next fortnightly payment cycle

(v) Failed or declined payments will incur an administration fee of $10 per each occurrence and this fee will be added to your next fortnightly payment cycle instalment.

(vi) No refunds (in full or in portion) are available for any un-used sessions during a fortnightly payment cycle.

This membership is not transferrable and cannot be used by another person, other than yourself.

(b) Suspension of Membership

(i) We allow a one week (7 day) suspension allowance per 16 week (4 month) membership cycle. You will inform us if you wish this one week suspension allowance to be applied to your membership in a given 16 week (4 month) cycle by applying in writing and providing the relevant suspension date period.

(ii) You understand that any unused suspension allowances cannot be rolled over to another 16 week (4 month) membership cycle.

(c) Termination of Membership

(i) Once a minimum 16 week (4 month) commitment has completed, your membership will continue on a fortnight-to-fortnight basis, unless you contact us in writing to advise us to cancel the membership. Cancellation of your membership will occur as soon as we receive written advice from you.

(ii) Fortnightly payments are deducted in advance at the start of each fortnightly cycle. The ceasing of fortnightly payment processing for a received cancelled membership request will be applied to the next upcoming fortnightly payment cycle.

8   Governing law

These terms are governed by the laws of New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

9   Definitions

Classes means all classes sessions held at our School or at a designated location with our People purchased by you through our Website or at the School.

Concession prices are only available to full time students & seniors only. A valid concession ID is required to be presented upon arrival to our School at any time and must be presented when purchasing any of our Services and/or before signing in to and class, workshop or event.

Events means any scheduled event held at our School or at a designated location by our People purchased by you through our Website or at the School.

Facilities means the premises in which the School is located as well as all its contents.

Member means a person who has purchased a Membership or a Pre-purchased Class or Multi-pass.

Membership provides time-based access to the School and its Facilities for specific nominated classes. These include one month, six month or twelve month memberships or similar.

Multi-Pass means any purchase of 2 or more Classes in a single transaction.

New members are those who have never participated in a class, workshop or event at our School previously.  If you have previously participated in any way at our School, for example with a casual or introductory pass or similar, you are NOT a new member.

Online Store means https://clients.mindbodyonline.com/classic/mainclass?studioid=960231

Order means the order by you to purchase our Services through the website, directly at the School or by telephone.

Our People means any staff or contractors of the School.

Personal Information means any information capable of identifying an individual including name, address, phone number and email address.

Pre-Purchased Classes means any amount of classes purchased ahead of time, which are not a membership.

School, We, Us or Our means the Dharma Shala Yoga School at 108 Brighton Boulevard, North Bondi.

Service means the classes, workshops, events held at our School or a designated location by our People and purchased by you through our Website or at the School.

Website means http://www.dharmashala.com.au

Workshops means any scheduled single or multi-day event held at our School or at a designated location by our People purchased by you through our Website or at the School

 

Updated: 8th December 2018