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Terms & Conditions

Please read these Terms & Conditions of use carefully before using this website and our services.

Welcome to our website. By using this website and accessing our services, you indicate your acceptance of these terms and conditions of use and agree to comply with them and our privacy policy. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Sunny Time Yoga (ABN 46 822 807 633) and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

 

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. 

 

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website and services that you agree and accept that we are not legally responsible for any loss or damage you might suffer related to your use of the website or our services, whether from errors or from omissions in our information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. Whilst we work hard to ensure that all information on our site is correct, you acknowledge that such information may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

To the fullest extent permitted by law, Sunny Time Yoga absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Whilst we use our best efforts to avoid issues, we give no warranty that the documents, goods or services will be free of errors, or that our website or its server is free of viruses or any other harmful components.

 

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, our liability for any breach of a term of this agreement is limited to: 

  • the supplying of the goods or services to you again; 

  • the replacement of the goods; or 

  • the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

 

BOOKINGS, ATTENDANCE AND PAYMENT

By booking a class you automatically agree to be bound by these Terms & Conditions.

All purchases are deemed final, are not refundable except where expressly provided otherwise by these terms and conditions. 

Payment for classes must be made upon booking. To book into a class you must either have pre-purchased sessions in your account or pay at the time of booking online or by a personalised invoice.

Classes are not transferable to another individual and cannot under any circumstances be used by another person. 

We reserve the right to cancel classes if necessary.

We may require that parents of clients under 18 years of age sign a waiver form before they can participate in class.

 

CANCELLATION 

All purchases are deemed final, are not refundable, except in cases of illness or restrictions imposed by Government Authorities.

All cancellations of classes due to illness must be made by you by contacting us by email or phone 24 hours before the class starts. We reserve the right to request a medical certificate from you to verify your inability to participate in the class. 

Cancellations made after this time, or ‘No Shows’ at classes will forfeit the class and will not be offered a refund or credit to apply to another class.

Where you cancel due to illness, a credit to the value of the cancelled class will be made available to you to be used within 3 weeks of the cancelled class. 

In the event that the Victorian Government or Australian Government defines, declares or imposes a pandemic and/or health emergency and the definition, declaration or imposition of the pandemic and/or health emergency results in restrictions or prohibitions that prevent us from running a scheduled class:

  • clients that had pre-boked that class will be offered a credit to the value of the cancelled class;

  • clients that had purchased a membership and are unable to apply that membership to classes will be entitled to a credit to the pro-rated value of the cancellation period;

to be used within 3 weeks of the resumption of classes by Sunny Time Yoga following the easing of the relevant restrictions or prohibitions.

 

MEMBERSHIPS

Memberships are non-refundable or transferable except where required under Australian Law. Any and all refunds are made at the discretion of Sunny Time Yoga.

Memberships are valid only for the school term in which they are purchased and no suspensions or extensions are permitted. 

Clients purchasing memberships after week 2 of any given school term (in accordance with the school dates set by the Victorian Government) will be offered pro-rata membership fees based on the number of weeks remaining in that term.

Memberships may be cancelled by us if you do not adhere to any guidelines, rules or expected behaviours as set or required by us from time to time. We reserve the right to refuse future Membership in these circumstances.

 

PERSONAL AGREEMENT

 

You agree to be bound by and to uphold these terms and conditions in accessing the services offered by us. By using this website and accessing our services, you agree:

  • that we are in no way responsible for your personal belongings whilst you attend class. 

  • you will report any theft or loss of personal property to a staff member of Sunny Time Yoga immediately.

  • that you are physically able to participate in any classes to participate in classes and have not been advised otherwise by your medical practitioner and you are participating knowing that there is a risk of personal injury, property loss. 

  • that you have disclosed any relevant previous illnesses, injury or disease to us and have sought appropriate medical advice in relation to any previous illnesses, injuries or disease before participating in the class and you are aware that they may be exasperated or prevent you from executing the class safely.

  • You, your family, assigns or legal representatives will not take any legal claims of any kind against Sunny Time Yoga or its representatives and members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or any other matter.

  • to receive marketing correspondence via electronic transmission on regular basis which may include (but not limited to) newsletters and promotional material.

 

RETURNS AND REFUNDS 

Sunny Time Yoga handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

All purchases are deemed final, are not refundable, except in accordance with the cancellation terms and conditions set out above. No refunds are permitted for partial use of class packs or memberships.

Any credit made available by us to you is made at our sole discretion. When a credit is made available to you, it must be used within 3 weeks of issue, or within any other time as determined by us in our sole discretion.

Credits not used by you within this time will be forfeited.

 

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. 

You are not permitted to reproduce the material on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than for your personal and non-commercial use only. You may not, except with our express written permission, distribute or commercially exploit the material on the website.

 

THIRD PARTIES

We partner with wix  for class bookings and online purchases and direct debit. You can find their privacy policy on their individual websites. We do not and will not sell or deal in personal or customer information. 

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