Terms and Conditions
This website is operated by connect kids YOGA (ABN 30170234074). Access to and use of the Website, or any of its associated Products or Services, is provided by connect kids YOGA. Please read these terms and conditions carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the website, or any of services, immediately.
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by connect kids YOGA in the user interface.
connect kids YOGA reserves the right to review and change any of the Terms by updating this page at our sole discretion. When we update the Terms, we will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Accessing the Services (Enrolling)
In order to access the Services, you must first register for an account with Ezidebit. As part of the registration process, or as part of your continued use of the Services, you will be required to provide personal information about yourself (such as identification or contact details), including:
(a) an email address
(b) preferred username
(c) a mailing address
(d) a telephone number
(e) a password
Where the option is given to you, you may make payment for the Services or Goods by way of:
(a) Credit Card Payment via Ezidebit (ABN 67 096 902 813)
In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Ezidebit terms and conditions which are available on their website.
(b) PayPal Australia Pty Limited (ABN 93 111 195 389)
You agree and acknowledge that connect kids YOGA can vary the Services Fee at any time.
Timetable Changes Policy
All classes are subject to change and connect kids YOGA makes no guarantee that classes will operate according to the timetable published. Notification of these changes will be provided as soon as possible.
Make-up Class Policy
Should connect kids YOGA not be able to attend a scheduled class, a make-up class will be offered at a time suitable to both the Centre and connect kids YOGA.
connect kids YOGA will only provide you with a refund of the Services Fee in the event of being unable to continue to provide the Services or connect kids YOGA makes a decision, at our absolute discretion, that it is reasonable to do so under the circumstances.
Copyright and Intellectual Property
The Website, the Services and all of the related products of connect kids YOGA are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by connect kids YOGA or our contributors.
connect kids YOGA does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by connect kids YOGA.
You may not, without the prior written permission of connect kids YOGA and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
Liability & Indemnity
I acknowledge and fully understand that my child, will be engaging in physical activities that may involve some risk of injury. I assume the foregoing risks and accept full personal responsibility for any personal injuries that may be sustained by my child. I acknowledge and have been advised that it is my responsibility to consult with my child`s doctor with respect to any past or present injury, illness, health problem or any other condition or medication that may affect my child's participation.
I agree to release and forever discharge connect kids YOGA from all claims that I may have or may have had arising from, or in connection with, my child and a connect kids YOGA program.
I agree to indemnify, will keep indemnified and hold harmless connect kids YOGA, to the extent permitted by law in respect of any claim as a result of or in connection with a connect kids YOGA class.
Termination of Contract
If you want to terminate the Services, you may do so by providing connect kids YOGA with 10 days' notice of your intention to terminate. Your notice should be sent, in writing, to connect kids YOGA via the 'Contact Us' link on our homepage.
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that Notice by that other party, the Parties to the Terms must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in New South Wales, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
The Services offered by connect kids YOGA is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.