1 These terms
1.1 These terms apply from the time you place an order or book with our School or via our Website, or from the time you access content or participate in an appointment, class, workshop or event at our School or via our Website. 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 or booking for the Services through our Online Store either online through our Website, at our School, directly with our People, by email or by telephone or by accessing content or participating in an appointment, class, workshop or event at our School or via our Website, you accept and agree to abide by these terms and conditions.
1.4 We have not waived our rights if we do not enforce any right contained in these terms during a particular time-frame.
1.5 We may add to, change or remove any of the terms and conditions or other clauses within these terms as well as the change the ways in which we operate including 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 either:
(i) Putting a notification on our Website;
(ii) Publishing the new terms on our Website.
2 Account and Orders
2.1 To order Services, to attend our premises, to access areas of our Website or utilise our Facilities you must have an online account with us. As part of the registration process, you will have to create a user profile.
2.2 Once you have a user profile, you may place orders with us via your online account. Orders are deemed to be received by us at the time of successful transmission and completion of the order processing. You will be able to confirm the successful processing of your order and your payment within your online account.
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 When you order any of our Services including but not limited to content access, classes, memberships, pre-purchased classes or multi-passes, appointments, workshops or events, and each time you attend our premises, or access content via our Website 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 access the content or undertake a given appointment, class, workshop or event.
3.2 We reserve the right to refuse you from participation in accessing content, classes, appointments, workshops or events whether you have paid in advance for these classes, appointments, 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, appointment, workshop or event or by accessing any of our content via our Website you agree to the following:
(a) You will comply with directions and policies.
(b) You acknowledge that any type of treatment or 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 your 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 any activities at our School or via our Website.
(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) You acknowledge our people are not medically trained;
(i) You acknowledge our people are not qualified or capable of assessing if you are in good physical condition or health;
(j) You acknowledge our people are not qualified or capable of assessing if you are physically capable of participating in the content accessed, classes, appointments, workshops or event activities or other active or passive exercise or treatment without risking your health, safety or comfort.
(k) You agree you will seek expert advice before accessing any content or undertaking any classes, appointments, workshops or events at our School or via our Website.
(l) You agree we, our People or any other persons shall not be liable nor responsible in any way for any loss or damage to any property belonging to you as a result of accessing any content or undertaking any classes, appointments, workshops or events at our School or via our Website.
3.4 You must be at least 18 to access any content or participate in classes, appointments, workshops or events. If you are under the age of 18 you are not permitted to access any content or participate in classes, appointments, workshops or events without a parent or guardian signing our contract on your behalf. If you are under the age of 16 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 for your online account 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.
(f) Ensure that any content accessed using your online account is solely for your own use and is not by accessed by any third parties for any reason.
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 or their online accounts;
(b) Use the Website or any online account for any illegal, fraudulent or inappropriate purpose; or
(c) Act in any way that violates this agreement.
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 accessing content, classes, appointments, workshops and events and class passes, memberships, or multi-passes, are available on our Website or in the School.
6.2 Payment of any fees is to be made before you access content, commence any classes, appointments, workshops or events.
6.3 Our content, classes, appointments, workshops and events are subject to availability and we reserve the right to withdraw content, classes, appointments, workshops or events at any time.
6.4 We reserve the right to change our fees for accessing content or for classes, appointments, workshops, events, memberships, 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 any content, class timetables, teachers and schedules, appointment bookings, workshop or events and their 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 these time based restrictions as specified for the pass. For clarity, class-based passes such as casual (1 class) passes are valid for 14 days from purchase, promotional 3 Class and 5 Class passes are valid for 21 days from the date of purchase. Other time specific passes have a time based validity based on the pass specific time basis.
6.8 Transfer of access for content or bookings for our classes, appointments, workshops or events or of ownership of any pre-purchased classes, multi-passes or memberships is not permitted.
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 classes, 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 transferable 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.
Appointments means any scheduled client appointment for treatment or similar accessed via our Website, held at our School by our People.
Classes means all yoga classes accessed via our Website or held regularly at our School by our People.
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, appointment, workshop or event.
Events means any scheduled event accessed via our Website or held at our School by our People.
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.
Membership provides time-based access to the School and its Facilities for Classes. These include two week introductory, fortnightly, 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 people who have never accessed content via our Website or participated in a class, appointment, workshop or event at our School previously that purchase a Membership. If a person has previously participated in any way at our School, for example via a single or multi-pass or similar, they are NOT eligible to be considered and purchase as a New member.
Online Store means https://www.dharmashala.com.au or https://clients.mindbodyonline.com/classic/mainclass?studioid=960231
Order means the order by you to purchase our Services through the Website, through our People, directly at the School, by email or by telephone or other means.
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 access to our online content on our Website or classes, appointments, workshops, events held at our School by our People.
Website means http://www.dharmashala.com.au
Workshops means any scheduled single or multi-day event held at our School by our People.
Updated: 8th July 2020