Please read these Terms and Conditions carefully. Your use of our Services is your acceptance of these terms. If you do not accept the Service Terms, you must discontinue use of the Services immediately.
About Us
We Experience Yoga, are a sole trader with a Registered Business Number 84818252515 at 2A Regent Street Brighton East VIC 3187 AUSTRALIA (“Experience Yoga /Our/We”).
Our Services
We provide Yoga and Yoga Therapy Services via our website, in person and online including audio, video, articles, online sessions, workshops, programs and Courses. Other Services may be ordered and/or provided by us in any means including but not limited to our website at https://experienceyoga.com.au/ This includes but is not limited to free documents, paid documents, coaching, teaching and consulting Services provided by us (“Services”).
Any electronic information or any paid Services whether in-person or digital supplied to you by Experience Yoga will constitute part of ‘Service’ and not a product. Any cancellation rights will apply and be interpreted accordingly as a Service under “Consumer Laws”. These terms include our Privacy Policy, Website Terms, Health Form and Waiver.
Your Well-being as a Client
These Terms and Conditions apply for the use of our Services between Us and you an individual/Group who participate in our Sessions (paid or unpaid) and/or purchased (including free or paid for) of any of our Services sold on or off our Website. https://experienceyoga.com.au/ (“Client”).
Before you can attend any Services with us you must complete the Health Form and Waiver. If you have any medical conditions not suitable for Yoga/Yoga Therapy, then you may be refused to take part in the Service without a medical certificate presented before attendance.
You acknowledge that your wellbeing is your responsibility. Whilst we can make suggestions you have the insight as to what feels best for your body. You agree that if anything feels painful, distressing or unsafe that you will cease and inform us immediately.
Online Only: When practising online you are solely responsible for your space and ensuring that you do not injure yourself, property or others during participation in our Services.
Risk Consent: The Service provided has recognition as a safe practice, however, there are always some risks associated with any sort of Service. No claim is made about the efficacy of the Service provided. This Service is designed to complement other professional advice for diagnosed conditions and general wellbeing.
Booking Services
To book your Sessions/appointments with Us, please go to https://experienceyoga.com.au/book-in If your preferred time and day is not available, please email us caroline@experienceyoga.com.au and we will aim to accommodate your request.
Accessing our Services: Parts of our Services may only be accessible to specific Clients. In addition, we may not offer or make available all our Services to residents in certain countries.
If you are required to register with us to book appointments, join our Services, or access some of our content, you agree that you will keep your username and password confidential and will not share this information with any third party. You also agree not to register multiple email addresses.
Online Courses: Once you have purchased an online Course this is designed for you to progress through at your own pace. If you cancel your Membership, access to the content will be revoked once the payment cycle is completed. You may not share, copy, make available or distribute the content of the Course to those who have not paid for the Course. Your use of the Materials in this Course is subject to the terms of the Intellectual Property Rights clause in this Terms of Service.
Cancellations
You can cancel a Class/Session at any time, but we require at least 24 hours’ notice before your Session, to give other Clients an opportunity to book. Your cancellation will be subject to the below charges:
(i) Less than 24 hours’ notice before a Class/Session is 100% charge. The credit cannot be used for another Class/Session. This is considered a ‘late cancellation’ and there is no refund.
(ii) More than 24 hours’ notice before a Class/Session, we will provide a credit to reschedule the Class/Session to be used within 2 weeks of the original booking.
It is at our sole discretion to apply a credit in the event of an emergency for a late cancellation.
Events/Workshops/Retreats: We have limited space and many of our Events sell out. For this reason, deposit payment is non-refundable and non-transferable. Final event payment is non-refundable and non-transferable unless another suitable person is available to fill that space.
Online Membership: Once you have purchased an online membership/Course/Program and password access has been provided, no refund is available. You can cancel an annual or time-based auto-renewal at any time via your Payment method e.g. PayPal.
If we have to cancel: If for some reason, we have to cancel your Session, we will transfer your credit to another Session or be in contact to organise a suitable alternative.
Third Party Internet Providers
Experience Yoga will not be liable for any loss incurred by you whether direct or indirect because of any failure to connect to the Services including any consequential or financial loss arising from such failure.
Payment
The amount due for the Service is stated with each specific Service that we offer, including where on a donation basis (the “Fee(s)”). Any Fee may be changed by us at any time, and we will notify you of such change.
Timing of Payment: The Fee for your Service is paid in full and in advance of the Service when booking in https://experienceyoga.com.au/book-in
How to Pay: We accept payment with credit card, PayPal, Stripe, on booking in via our website https://experienceyoga.com.au/book-in
Block Payment for Sessions: Where you have purchased a block of Classes/Sessions/Privates, these are valid for use within the timeframes stipulated on the website on payment. For example, payment for a Block of Classes is valid for a specified timeframe and is non-transferable and non-refundable.
Subscription: Where you have opted for a subscription/membership to an online Service, you will pay the Fee every stated period of service e.g. month/year. A subscription/membership has a minimum duration of 3 months before it can be cancelled. Please notify us if you need to cancel your subscription or you can do this yourself via the payment service you use.
Statutory Rights: The rights of cancellation and any limitation expressed in these Service Terms do not affect your statutory rights as a consumer.
Termination of Service
Experience Yoga reserves the right to terminate your access to the Services, our Website and any Materials:
(i) at any time without notice at our sole discretion.
(ii) with 24 hour’s written notice to you.
You shall remain liable for the total sums due to us through the termination period.
We may terminate your access to the Services if we consider a breach of any Service Terms, the Website Terms of Use, Privacy Policy, in violation of any applicable law or regulation, or may cause potential harm to Experience Yoga.
Intellectual Property Rights
We include documents, videos, photographs, images, audio files as part of our marketing activities and Services that may be emailed, shared on social media or hosted on our Website. This includes the compilation, layout, look and feel of our website (“Materials”).
The trademarks, logos, and trade names (collectively “Trademarks”) displayed on Materials are trademarks of Experience Yoga and may not be used unless authorised by the trademark owner.
Your Use of our Content
You may only access and use the Material that is available for non-commercial and personal use. None of the Materials, Services or any part of it may be reproduced elsewhere.
No Use Permitted
You agree not to share, edit, reuse, modify, resell, copy, market, distribute, transmit, communicate to the public, make available via links, peer-to-peer filesharing or other technology the Materials, Trademarks or any other content provided as part of the Services for personal, commercial or financial gain. If you wish to use any of our Materials, please contact us. We will only agree to use in writing.
Your Content Submissions
You may submit or post content including comments and pictures) to various parts of our Services. In posting your content to our Services, you confirm to us that you are the owner of the content or have the express permission from the owner to post the content, and it does not violate any privacy rights, copyright or other intellectual property rights, contract rights or any other rights of any person or legal entity.
We reserve the right to remove your content, at any time and for any reason, in accordance with these Service Terms.
Image and Privacy Policy
As a Client you grant Experience Yoga the right to use your image, name and reviews in any visual, audio and other capture that we take during workshops, retreats or Sessions for the purpose of marketing and promoting across any and all media known present or in the future. You can notify Experience Yoga via email, of any images that you wish Us not to use.
Our Privacy Policy sets out how your personal data may be shared with third parties, including operators of our Services to you. Your payment for Services is acceptance of our Privacy Policy.
Communications with you
Our communications are governed by our Privacy Policy. Any information sent to us via email or through the Website is not secure and is done so on a non-confidential basis.
Service Updates & Reminders: We use certain software to update you about your Services with us. These have reminders included for appointments. You can update your preferences for reminders at any time, by contacting Us via email.
Email Communications: You can update your preferences or unsubscribe from our Email Newsletter at any time, using the email signup boxes that take you to your preferences.
To the extent permissible by law, we are not responsible for any loss or damage resulting from use of our Services or from any content posted on or through our Services.
Disclaimer: Not Medical Advice
Nothing contained on our Services or in connection with our Services constitutes medical advice, diagnosis or treatment. It is your responsibility to obtain advice to your specific needs and suitability before you to undertake any Yoga, Yoga Therapy and other Services in person or online recommended or offered on or through our Services.
Liability
Experience Yoga uses reasonable care and skill expected of a wellbeing professional related to the Services offered. Experience Yoga will not be liable for any actions or omissions by you arising from or as a result of use of the content, Materials or the Services, to the maximum extent permitted by law this includes for any personal injury, death or damage to property whether arising in contract, negligence, statutory or other law including any indirect, incidental, special or consequential loss suffered by you.
Where liability cannot be excluded, any liability incurred by Experience Yoga in relation to the use of the Services or the Materials is limited to the extent provided for by Consumer Law.
Experience Yoga makes no warranties or representations whether express or implied relating to or about the Services, Materials or any of the content discussed or provided to you.
Indemnity
You agree to defend and hold harmless Experience Yoga and its independent contractors, from any claims, liabilities, damages, costs, and expenses, including reasonable legal fees, arising in any way from your use of the Services and Materials, your breach or violation of the law, or these Service Terms.
Jurisdiction and Governance
These Service Terms are governed by the laws of Australia. Your payment of the Services is agreement to submit to the exclusive jurisdiction of the courts of Australia in the event of any dispute.
This Services and Experience Yoga are located in Australia and in case of any cross-border orders these Service Terms shall be construed as being performed in Australia.
Complaints
Experience Yoga wishes to offer the best possible Services and your feedback is gratefully received.
In the unlikely event that you wish to complain about any aspect of our Service you should contact us soon as possible, to try and resolve the matter on the spot.
Should we consider any behaviour by you or another Client inappropriate, we may cease working with the Client. In extreme situations, we can terminate the Services with the Client immediately.
Amendments to Terms of Service
We may modify the Service Terms from time to time, and such modification shall be effective upon its posting on the Website. You agree to be bound by any modification to the Service Terms after any such modification is posted. It is therefore important that you review these Service Terms regularly.
Last updated: 10 June 2021