In these Terms and Conditions:
- “We” means Simhanada Ashtanga Yoga School, Melbourne (“Simhanada”) and includes any of its directors and employees or any of its associates. “Our” and “Us” have a similar meaning.
- “Studio” means the Simhanada Ashtanga Yoga School, Melbourne located at 62 Easey Street, Collingwood, Victoria, Australia.
- “Loss” means any loss or damage, however caused (including through negligence) which may be directly or indirectly suffered.
- “Linked Websites” means Websites of parties other than Simhanada which are hyperlinked from this Web Site.
- “Personal Information” means any information from which your identity is apparent or can be reasonably ascertained.
- “Website” or “Website(s)” means the whole or any part of these web pages (including the layout of this Website; individual elements of the Website design; underlying code elements of this Website; or text, sounds, graphics, animated elements or any other content of this Website).
- “App” means the whole or any part of the App (including the layout of this App; individual elements of the App, App design; underlying code elements of this App; or text, sounds, graphics, animated elements or any other content of this App.
- “Social Media Platforms” include, but are not limited to, Facebook and Instagram.
- “Studio Terms” means the Studio Terms and Conditions.
Terms and Conditions of Use
We are not liable to you or anyone else for any Loss in connection with use of this Website, App or a Linked Website and/or Linked App.
This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers but does not attempt to exclude liability in relation to those warranties implied by law which cannot be excluded.
Specific Warnings and Disclaimers
You must ensure that your access to this Website and/or App is not illegal or prohibited by laws which apply to you or in your location.
We are not liable to you or anyone else if interference with or damage to your computer systems and/or mobile devices occurs in connection with use of this Website, App or a Linked Website or a Linked App. You must take your own precautions to ensure that whatever you select for your use from this Website and/or App is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.
By downloading or using the App, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the App. We are offering you this App to use for your own personal use without cost, but you should be aware that you cannot send it on to anyone else, and you’re not allowed to copy, or modify the App, any part of the App, or our trademarks in any way. You are not allowed to attempt to extract the source code of the App, and you also should not try to translate the App into other languages, or make derivative versions. The App itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Simhanada.
The Simhanada App stores and processes personal data that you have provided to us so that you can purchase passes and book classes. It is your responsibility to keep your phone and access to the App secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Simhanada App will not work properly or at all.
The App is currently available on Android and iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the App to) may change, and you’ll need to download the updates if you want to keep using the App. Simhanada does not promise that it will always update the App so that it is relevant to you and/or works with the iOS/Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, we may also wish to stop providing the App, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the App, and (if needed) delete it from your device.
If you’re using the App outside of an area with Wi-Fi, you should remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the App, or other third party charges. In using the App, you’re accepting responsibility for any such charges, including roaming data charges if you use the App outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the App, please be aware that we assume that you have received permission from the bill payer for using the App.
Along the same lines, Simhanada cannot always take responsibility for the way you use the App. If you want to use the mobile scanning feature of the App, it’s possible that Simhanada staff may need to briefly handle your device when your pass is scanned. While our staff will – of course – take all reasonable care to make sure nothing happens to your device, we do not accept liability for damage to it, unless it is caused by any negligence or wilful misconduct by our staff. You also need to make sure that your device stays charged – if it runs out of battery and you cannot turn it on to scan your pass you will need to let Simhanada staff know so that we can manually enter you in as having attended the studio.
To the extent permitted by the applicable law, all representations, warranties and implied terms are excluded. In circumstances where warranties are implied by law and cannot be excluded, our liability, to the extent permitted by the applicable law, is limited to repair, replacement or reimbursement for the goods supplied by us.
This Website and App are our copyright property. If we use a third party’s copyrighted works on this Website and/or App, it is done so with their permission.
You are provided with access to our Website and App only for your personal and non-commercial use.
Other than for the purposes of and subject to the conditions prescribed under the relevant Copyright Act and similar statutes that apply in your location, you may not, in any form or by any means:
- adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Website and/or App; or
- commercialise any information, products or services obtained from any part of this Website and/or App, without our written permission.
Linked Websites and Linked Apps
This Website and/or App may contain links to other Linked Websites or Linked Apps. Those links are provided for convenience only and may not remain current or be maintained.
Links to those Linked Websites or Linked Apps should not be construed as any endorsement, approval, recommendation, or preference by us of the owners or operators of the Sites, or of any of the information, products or services referred to on those other Websites or Apps.
Unless stated otherwise on this Website and/or App, we have:
- no relationship with the owners or operators of those Linked Websites or Linked Apps; and
- no control over, or rights in, those Linked Websites or Linked Apps.
Studio terms and conditions
Please read the Studio Terms and Conditions (Studio Terms) set out below carefully before purchasing a pass and attending the Simhanada studio. When you purchase a pass and attend the Simhanada studio you agree to our Studio Terms detailed below:
- While very unlikely, classes are subject to change and/or cancellation without notice.
- Simhanada reserves the right to change conditions of passes, hours of operation, services offered and all fees and charges, at any time, at its sole discretion and without prior notice to the student. Any such changes will be notified to you through either a newsletter published from time to time, facebook, the website, notices in the studio and/or mailing/emailing to your last known address.
- Teachers are subject to change without notice.
- The door to the studio is locked at the beginning of each Led class 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 of a Led class to avoid disappointment.
- Simhanada is not responsible for the safekeeping of your belongings.
- Simhanada is not liable for any injury, loss of property or death resulting from attending the Simhanada studio.
- Simhanada does not accept responsibility for students who do not follow the class instructions as provided by the teacher(s). Any medical or physical conditions, recent or persistent injuries, or relevant disclosures must be made by students to the teacher(s) prior to the beginning of class. Prior to, during, or after class, it is the responsibility of students to inform the teacher if they are experiencing any pain or discomfort.
- By attending classes at Simhanada you confirm your understanding that classes at Simhanada may be physically strenuous, and you voluntarily participate in them with full knowledge that there is a risk of personal injury, property damage or loss or death. You also agree that neither you, your heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against Simhanada, or its directors, officers, employees, consultants or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.
- The use of Simhanada’s facilities denotes the acceptance of the risk associated with all forms of physical exercise, both during and after.
- To claim any 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.
- Loss of your Simhanada pass requiring replacement will incur a cost of $2.00.
- Occasionally photos and/or videos 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 and/or videoed.
- Simhanada does not accept any responsibility for personal property left at the facilities. Left items will be kept in a lost and found box for two weeks, at which point they will be donated to a charitable organization.
- Purchase of passes are to be made via the Simhanada Website, the Simhanada App, or reception.
- Drop in classes are via the studio and cash only.
- There are further and more specific terms and conditions (see below) that relate to our Class Passes. By purchasing any of these passes, or attending any class using one of these passes, you acknowledge and agree that you have read, understood and agreed to those further terms. That said, emergencies and other extenuating circumstances however, will be taken into consideration on a case-by-case basis by the directors of Simhanada.
Beginners may choose from any of the available passes. When moving from beginners classes to mysore style classes and/or Led classes, all of our passes are fully transferable.
Passes are not extended for any reason whether that be due to missed classes, illness, holidays or work commitments, so please choose your pass carefully.
Class pass prices may increase from time to time to reflect increases in studio costs.
Refunds may only be considered under exceptional circumstances.
10 Class Pass
- The ten class pass expires after 60 days from the date of purchase.
- No refunds, transfers, suspensions or extensions are offered on unused portions of the 10 Class Pass due to illness, injury, holidays or work commitments or any other reason.
12 and 16 Class Passes
- The twelve and sixteen class passes expire after 30 days from the date of purchase.
- No refunds, transfers, suspensions or extensions are offered on unused portions of the 12 and 16 Class Passes due to illness, injury, holidays or work commitments or any other reason.
30 Days Unlimited / 90 Days Unlimited / 180 Days Unlimited / 365 Days Unlimited (collectively referred to as “Unlimited Passes”)
- The Unlimited passes are valid for 30, 90, 180 or 365 days, depending on which pass you purchase, and will expire after 30, 90, 180 or 365 days from the date of purchase.
- These passes allow you unlimited access to our regular classes listed on our timetable, but excludes guest teachers, workshops, retreats or other special events.
- No refunds, transfers, suspensions or extensions are offered on unused portions of the 30, 90, 180 or 365 day Unlimited Passes due to illness, injury, holidays or work commitments or any other reason.
Gift vouchers can be redeemed for class passes or products. They are not redeemable for cash.
Workshops held at the Studio
Workshops held at the Studio are non-refundable. Due to the advanced notice required in arranging workshops, changes are only possible if requested 4 weeks prior to the commencement of the workshop.
In the event that a workshop is cancelled, registered students are eligible for a refund or may select an alternative and equally priced workshop option.
Workshops in Greece
- Places can be held at a Simhanada Workshop by paying the requested deposit, for each individual booking. (From 30 June, all deposits are non-refundable and non-transferable.)
- The balance payment is due no later than 30 June. There will be no reminder email sent.
- Cancellation Policy:
(a) Deposits: From 30 June all deposits are non-refundable and non-transferable.
(b) Full Payment: For places paid in full and then cancelled the following applies:
(i) Prior to 30 June: 100% refund less the deposit.
(ii) From 30 June to 1 August: 50% refund less the deposit.
(iii) From 2 August: no refund will be given.
WE STRONGLY ADVISE YOU TO TAKE OUT TRAVEL INSURANCE TO COVER LOSS OF PAYMENTS MADE AGAINST COURSES THAT ARE CANCELLED DUE TO UNFORESEEN CIRCUMSTANCES.
- Due to teacher cancellations, low bookings or other situations outside our control the workshop may be temporarily or permanently unavailable. We reserve the right to make any changes to our programme, courses or teachers. Alternative arrangements are offered to the best of our ability but,
if not taken up, we do not accept responsibility for any costs incurred, including but not limited to airfares, transfers and accommodation.
- If the Simhanada management decides to offer a discount to some students, or last minute discount places, this does not affect the status of any students who have previously paid the full price, and no discount will then become due to them.
- For students requesting share accommodation, although Simhanada will make every effort to ensure accommodation requests are met, we cannot guarantee that such accommodation will be available. If share accommodation is not available then students will be required to pay an additional fee to cover the accommodation available.
- Simhanada accepts no liability for loss, damage, injury or illness, which may occur while at a Simhanada workshop, or travelling to or from a Simhanada workshop. All students are strongly recommended to have their own travel insurance to cover any loss or injury, including repatriation if
- Simhanada takes every step to ensure that students are not stretched beyond the limit of their capabilities. We ask that you tell the teacher if you have any particular pre-existing injury or illness that is relevant, and please tell the teacher if you are finding the class too difficult. We advise that if you are feeling any pain or illness during class that you stop and rest.
- All dates without a reference to the year are to be taken as the same year as the workshop provided it is prior to the date of the workshop.
Who to contact
If you have any questions about any of our Terms and Conditions please send us an email at firstname.lastname@example.org.
We reserve the right to amend these terms and conditions. The current version will be published on our website and App.