GENERAL TERMS AND CONDITIONS

  1. Attending Class: All students are required to complete an enrolment form in order to register as a Yoga Health and Healing student/participant. Please arrive 15 minutes before the start time of your first class to allow time for completion or download the enrolment form here.
  2. Students must arrive and check in with reception/ Instructor at least 10 minutes prior to the beginning of class. Prior to the start of class, students are required to inform the instructor of any issues or relevant physical issues.
  3. Although great care is taken, participants/students are entirely and solely responsible for their own safety, health and general well-being. Please advise Yoga Health and Healing at the time of enrolment of any known injuries, ailments, disabilities, medication you are taking or anything else that may affect your ability to fully participate in any of the classes or activities conducted by Yoga Health and Healing. Participants/students are responsible for taking preventative measures/action to ensure their own physical safety during class participation – i.e. be sensible – if it hurts, causes any pain or strain – do not do it.
    The participant/student is entirely and solely responsible for their own belongings/valuables.
  4. The door to the studio is locked at the beginning of each class/workshop for safety and security. No late entry is permitted. Please ensure that you arrive at class 10-15 minutes prior to the advertised start time to avoid disappointment.
  5. Students who arrive late for a class for which they have registered will not be issued a refund for that class.
  6. Yoga Health and Healing (YHH) reserves the right to refuse entry to the studio.
  7. Every possible effort is made to deliver classes and services on time as advertised. However, the schedule is subject to change or cancellation without notice.
  8. Bookings for Term classes are made for the full term, with payment due at the beginning of each term.
  9. Yoga Health and Healing is not liable to refund, transfer or offer compensation of any kind for classes/workshops that you are unable to attend for any reason. At the discretion of Yoga Health & Healing, you may be able to attend a 'Make-up" class by attending an alternative 'Term' class  within the same term. Attendance to “Make-up classes” is strictly subject to availability and prior booking is required by contacting Yoga Health and Healing via email to [email protected]. 'Make-up' classes cannot be used in a 'casual book-in' class as these classes are reserved for online casual bookings.
  10. We accept payments by cash, direct deposit, Paypal, Mastercard and Visa only.
  11. All purchases are final. Any refunds on services (classes/workshops) or products for change of mind, injury, illness or change of address etc, are purely at the discretion of Yoga Health and Healing and will incur and administration fee.
  12. All passes and Term bookings are non-transferable and may not be shared. They are valid for the period indicated and cannot be extended.
  13. Class passes become invalid after expiry.
  14. Prices may increase from time to time to reflect increases in studio costs. Yoga Health and Healing reserves the right to change conditions of Registration, booking procedures, hours of operation, services offered and all fees and charges, at any time, at its sole discretion and without prior notice to the Member. Any such changes will be notified to you through either a newsletter published from time to time, the website, notices in the club and/or mailing / emailing to your last known address.
  15. You must keep Yoga Health and Healing informed of any change in your contact details, bank accounts or credit card details for payment, or any other information relevant to your Customer participation.
  16. Your email details will be entered into our secure database upon signing up to a class/workshop. If you prefer not to receive email updates, then please unsubscribe from further communication.
  17. Occasionally photos/video may be taken of the studio and/or classes for promotional work. Please advise at the time if you do not wish to be photographed/videoed.
  18. Gift vouchers are valid 6 months from date of purchase (unless otherwise stated). They are not redeemable for cash.
  19. Force Majeure: Yoga Health and Healing is not liable under these Terms for non-performance caused by events or conditions beyond their control. This provision does not relieve the Customer of its obligation to fulfil payment obligations.
  20. REBATES - You will need to contact your health fund to confirm your benefit entitlements and what you must do to enable a claim. The requirements and claim process may vary from one heath fund to another. Please note that it is up to you to find out the details required and make the claim to the health fund. Also, yoga is unfortunately not claimable via HICAPS.

 

PRIVATE LESSONS

  1. Payment for private lessons is required upon booking.
  2. Out of consideration for all our teachers, a minimum of 24 hours is required to cancel or reschedule private lessons.  This must be via email to [email protected]
  3. Cancellation or time change within 24hours will result in a 100% fee being charged.  ‘No Show’ appointments are also charged at full price.
  4. A cancellation prior to 24 hours in writing will result in the session being rescheduled at a mutually convenient time/day.
  5. Arriving late will unfortunately limit the time allocated for your session; it will lessen the effectiveness and input from your teacher.  As a courtesy to all our students all sessions are completed as scheduled.
  6. Please note that all fees are non-refundable and non-transferrable.
  7. You will need to contact your health fund to confirm your benefit entitlements and what you must do to enable a claim. The requirements and claim process may vary from one heath fund to another. Please note that it is up to you to find out the details required and make the claim to the health fund.

ONLINE TERMS AND CONDITIONS

In these terms and conditions, “we” “us” and “our” refers to YOGA HEALTH AND HEALING (YHH). Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The information is intended for residents of Australia only. We reserve the right to amend this Notice at any time, and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We, therefore, recommend that each time you access our website you read these terms and conditions.

Registered Users
1. To access the services provided on this website, you must become a registered user. You must complete registration by providing certain information as set out on our membership/registration page. Please refer to our Privacy Policy for information relating to our collection, storage and use of the details you provide on registration.

  1. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
  2. On registration, you agree to pay for our services as set out on our website.
  3. We reserve the right to terminate your registration at any time if you breach these terms and conditions.
  4. You may access the Website as available; for your information and personal use, as intended through the normal functionality of the Service and for streaming. Accessing Website videos for any purpose or in any manner other than Streaming is expressly prohibited.

Our Website Services
6. Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.

  1. All prices are in Australian Dollars (AUD) and are inclusive of GST. We reserve the right to amend our prices at any time.

Product Descriptions
8. We strive to ensure that our products are described as accurately as possible on our website. However, we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.

  1. Images have been provided for illustrative purposes only, and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

Termination Or Suspension Of Account
10. You agree that YOGA HEALTH AND HEALING may at any time and for any reason, including a period of account inactivity, terminate your access to these Services, or restrict or suspend your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.

Preservation/Disclosure
11. You acknowledge, consent and agree that YOGA HEALTH AND HEALING may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:

(a) comply with legal process nationally or internationally;

(b) enforce this Agreement;

(c) respond to claims that any Content violates the rights of third parties;

(d) respond to your requests for customer service;

(e) protect the rights, property or personal safety of YOGA HEALTH AND HEALING, its Members and the public; or

(f) pursuant to the terms of the Privacy Policy.

Site Access
12. When you visit our website, we give you a limited licence to access and use our information for personal use.

  1. You are not permitted to download copies of the video content on this website. Your use of our content in any other way infringes our intellectual property rights.
  2. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
  3. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Hyperlinks
16. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only, and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

  1. Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.

Non-Commercial Use
18. The Services may not be used in connection with any commercial purposes, except as specifically approved by YOGA HEALTH AND HEALING. Unauthorised framing of or linking to any of the Website is prohibited and may result in termination of membership privileges.

Health  Disclaimer
19. Physical exercise, in all forms and with or without the use of any equipment that may be suggested by a YOGA HEALTH AND HEALING teacher, is a strenuous physical activity. Accordingly, you should always seek the advice of your physician or other qualified health providers with any questions you may have before you start any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the website.

  1. YOGA HEALTH AND HEALING is not a medical organisation, and its teachers cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are informational. Nothing contained in this website should be construed as any form of such medical advice or diagnosis.
  2. As a member of YOGA HEALTH AND HEALING, you understand that physical exercise involves strenuous physical movement and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities and to ensure that when participating in any content from YOGA HEALTH AND HEALING, that you will not exceed your limits. You acknowledge that you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that from time to time the teachers may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if this is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for an injury of any kind against YOGA HEALTH AND HEALING, or any person or entity involved with YOGA HEALTH AND HEALING.

Disclaimer Of Warranties
22. You agree that your use of the Website shall be at your sole risk. The Website and the Materials are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permitted by law, YOGA HEALTH AND HEALING, its officers, directors, employees and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof.

  1. YOGA HEALTH AND HEALING makes no warranties or representations about the accuracy or completeness of the Website’s content or the content of any sites linked to this Website and assumes no liability or responsibility for any:
  2. a) errors, mistakes, or inaccuracies of content;
  3. b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website;
  4. c) any unauthorised access to or use of YOGA HEALTH AND HEALING’S servers and/or any and all personal information and/or financial information stored therein;
  5. d) any interruption or cessation of transmission to or from the Website;
  6. e) any bugs, viruses, trojan horses or the like which may be transmitted to or through the Website by any third party; and
  7. f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website.
  8. YOGA HEALTH AND HEALING does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any banner or other advertising and YOGA HEALTH AND HEALING will not be a party to or in any way be responsible for monitoring any transaction between You and any third party providers of products or services.
  9. As with the purchase of a product or service through any medium or in any environment, You should use your best judgment and exercise caution where appropriate.

Limitation Of Liability
26. To the fullest extent permitted by law including, but not limited to, the Australian Consumer Law, in no event shall YOGA HEALTH AND HEALING, its officers, directors, employees or agent, be liable to you for any direct, indirect, incidental or consequential damages and YOGA HEALTH AND HEALING, to the fullest extent permitted, excludes and restricts the application of all of the provisions of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law and the exercise of any right conferred by any such provision.

  1. You specifically acknowledge that YOGA HEALTH AND HEALING shall not be liable for content posted by users or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with You.
  2. No communication of any kind between You and YOGA HEALTH AND HEALING or a representative of YOGA HEALTH AND HEALING shall constitute a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in these Terms of Use.
  3. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from product/s we have supplied.

Indemnity
30. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Force Majeure
31. If a Force Majeure event causing delay continues for more than 30 days, we may terminate this Agreement by giving at least 7 days Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

Jurisdiction
32. These terms and conditions are to be governed by and construed in accordance with the laws of Western Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Western Australia, and you agree to submit to the jurisdiction of those Courts.

  1. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy


34. We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. The information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

  1. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.

Membership
36. Members of YOGA HEALTH AND HEALING may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins via multiple IP addresses by any Member may be construed by YOGA HEALTH AND HEALING as fraudulent use of the Website, which may result in the immediate cancellation of membership without refund. When becoming a Member, you agree to take all actions possible to protect your username and password from fraudulent use.

  1. Fraudulent Use – YOGA HEALTH AND HEALING reserves the right to cancel any membership it believes has been compromised or is being used fraudulently, at its own discretion.
  2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
  3. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.