TERMS AND CONDITIONS

Mother Nurture Yoga Terms & Conditions

The Owner and Operator of this Site is White Mud Investments Pty Ltd, trading as Mother Nurture Yoga.

Access to this Site is given to you by us on these written conditions as amended from time to time. Please review the following terms of use and trade which govern the use of our website. The following Terms and Conditions apply to all users of this website and to all purchases of goods and services from Mother Nurture Yoga.

By proceeding beyond this page you acknowledge that you have read and understood these Terms and Conditions. By purchasing an item from this Site and/or completing the registration process to become a Mother Nurture Yoga member, you agree to be bound by these Terms and Conditions.

Mother Nurture Yoga reserves the right to revise the terms of use and trade at any time with immediate effect and therefore you may wish to review the terms of use each time before using the site. The laws of Australia are the governing law applying to all transactions and dealings with us and by using this site and making any purchase of goods and/or services from us you submit to the jurisdiction of the Australian Courts and the laws of Australia General.

Pass Purchase and Usage

All sales are non-refundable, non-transferable and must be used by the expiry date. Refunds will not be issued for any unused classes. It is your responsibility to use your pass within the allocated period of time. Passes are valid as follows:

Trial/Casual: 2 weeks from date of purchase
5 Class pass: 3 calendar months from date of first visit
10 Class pass: 6 calendar months from date of first visit
Unlimited pass: 1-3 calendar months from date of first visit
Monthly 8: 3 calendar months from date of first visit

Three month Unlimited memberships may be ‘frozen’ for a maximum period of 2 weeks, and 2 month Unlimited memberships may be frozen for a period of 1 week. You can freeze your Unlimited membership by emailing us at hello@mothernurtureyoga.com.au . A minimum of 2 working days’ notice is required. Freezes can not be applied retrospectively.

Monthly 8 memberships entitle you to 8 classes per month. Unused classes cannot be rolled over to the next month.

Extensions or refunds to 10 or 5 class passes cannot be granted under any circumstances, including change of mind, health-related or early delivery. The 5 class pass is only available for students who are 28+ weeks pregnant. If you purchase the 5 class pass before you are in your third trimester you will be requested to purchase an additional 5 class pass. If you fail to do so, Mother Nurture Yoga reserves the right to cancel your original pass. No refunds will be issued and any remaining classes will be forfeited.

Conditions of entry

Mother Nurture Yoga is a Covid-safe business. Clients may ask to see a copy of our Covid Safety Management Plan at any time.

Clients are expected to abide by the following Covid-safe policies:

– Practicing social distancing at all times, including spacing mats a minimum of 1.5m apart
– Using hand sanitiser upon entering
– Bringing their own mat, towel and blocks/cushion if required. No props or mats can be lent out
– Follow cough and sneeze etiquette
– Staying home if you are unwell, have been overseas, or knowingly in contact with anyone with Covid-19
– Pre-booking your spot in the class to ensure our attendance records are accurate

We reserve the right to refuse entry to classes if:

• Clients do not bring their own mat
• Clients appear unwell, have been overseas, or in close contact with anyone who is known to have Covid-19
• You have not booked and pre-paid via our booking system or by telephoning the MNY Office. We do not accept cash payments.

Refunds will not be issued if you are asked to leave class. Instead, please email us hello@mothernurtureyoga.com.au to reschedule your class.

Class cancellation

We have a strict 12-hour cancellation policy for all classes. You may cancel your reservation up to 12 hours prior to the start of the class. A cancellation inside of this 12-hour window will incur a penalty:

• Unlimited pass holders will lose 3 days off the expiry date of your pass
• 5 and 10 class pass holders and Month 8 members will be charged as though you attended class

We understand that on occasion unforeseen circumstances may arise and you can’t make the class. However with small class sizes, we must enforce our cancellation policy to be fair and consistent to all of our clients.

Timetable Changes and Class Cancellations

Mother Nurture Yoga reserves the right to make changes to the timetable at their discretion. No compensation will be issued to clients for changes to the timetable. While every attempt is made to avoid cancelling classes, sometimes it is necessary due to reasons beyond our control. In such circumstances, the class will be cancelled on the dynamic timetable on our website mothernurtureyoga.com.au/timetable and clients who are scheduled into the class will be notified by SMS. Clients who are not scheduled into the class will not be notified. It is therefore important for all clients to schedule into the class.

Money Back Guarantee

We realise that many of our clients have never done yoga before so we want you to feel confident when you purchase a pass with us. If you don’t like our classes we will give you your money back.

Mother Nurture Yoga MUST be notified in writing within 6 days of attending your first class.  Refunds will be made into your nominated bank account minus the Ezidebit credit card processing fees of 2.6%.

The Money Back Guarantee is for all passes EXCEPT the Trial/Casual class. The offer does not apply under the following circumstances:

• If you’ve already done a trial class
• If you do not attend any classes and have a change of mind or circumstances before using your pass
• If you attend more than one class

Retreats and Workshops Cancellation Policy

In the unfortunate event that you need to cancel your booking our refund policy is as follows:

4 weeks out: full refund
3 weeks out: 50% refund
2 weeks out: 25% refund
Less than 2 weeks out: no refund

Refunds will be made into your nominated bank account minus the Ezidebit credit card processing fees of 2.6%.

Please understand that we are unable to make any exceptions to this policy, including due to you giving birth early, illness, doctor’s advice or compassionate grounds.

Liability Waiver

Your Body is Your Responsibility. Mother Nurture Yoga and our teachers will not accept responsibility for any personal injury or loss resulting from actions that you perform, either during or outside this class.

Members must inform the teacher about any medical conditions, injuries, or changes to your pregnancy or health that may affect your practice prior to the class commencing.

Members participate in yoga at their own risk and accept responsibility for any loss or injury suffered.

To participate in an online live-streaming or recorded class, you must have a safe space and appropriate equipment to perform the physical movements. This may include removing any objects that may cause obstruction or interference with movements. By booking, you affirm that you have a suitable space to practice yoga and pilates by following the instructor online.By participating in a livestream class, you understand that you may appear on camera. You consent to the use of your image, photograph, voice or reproduction, either in whole or in part, for any and all advertising, promotional, sales and publicity purposes without consideration, compensation, limitation or reservation by Mother Nurture Yoga.

Other Terms & Conditions

The goods and services displayed on this Site are available for purchase only by those persons over 18 and who have full capacity to enter binding contracts. All goods and services displayed on this site are for delivery in Australia only. We are obliged to deliver only to the address in Australia which you have specified and we will not be liable for any loss or damage which occurs because you are unable to take delivery at the place specified.

On receipt of payment of a purchase order, we will endeavor to supply you with the goods and services ordered. We are not liable for any orders we are unable to fulfill due to any causes beyond our reasonable control, or any orders we decline to fulfill.

When you provide your information you are representing and warranting that it is true and correct and are agreeing to indemnify us for any losses, costs and expenses or damages that we may suffer if any of this information is not correct. When you decide to purchase any goods from this site, your payment is arranged through a secure link provided either by Mind Body Online or Paypal. We do not hold, nor do we have any access to your credit card details.

You must not transmit or attempt to transmit any material of any kind to this site which contains a virus, malicious computer code which is or is likely to be destructive of data or programming or other harmful component. You must not otherwise attempt to alter any of the content on this site.

If any of your information is incomplete or inaccurate we reserve the right to decline any offer to purchase goods or services and terminate your access to the Site. In addition to our rights to terminate any access or transaction and to seek redress for any damage, you may be subject to penalties under Australian Criminal Law.

You acknowledge and consent to the disclosure by us to any law enforcement agency or government authority authorised to compel production of such information under Australian law that is investigating any breach or suspected breach of any law in any jurisdiction of your identity or other information provided by you to this Site, upon being requested to do so by that law enforcement agency.

If you make an order it is deemed and constitutes an offer by you to purchase the quantity of goods (as the case may be) for the price (including the delivery and other charges) specified on this site at the time you place your order.

We reserve the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this Site, or an error in your order. Prices of products and services and delivery and other charges displayed on this site are current at the time of issue, but may change at any time and are subject to availability.

The availability of products and services may change from time to time. We retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you on dispatch from our warehouse delivery we will endeavor to deliver goods within the specified time frames, but such times are estimates only and may be subject to change. We do not accept liability for any loss or damage (direct or indirect) for delivery at any other time than the estimated delivery date.

Late delivery does not entitle you to cancel your order. Delivery is deemed to have been made once goods arrive at the delivery address you specified when placing your order. Delivery may be by installments. Mother Nurture Yoga is not be liable for any loss or damage in transit whatsoever.

You are responsible for maintaining adequate insurance of the goods after they are despatched from our warehouse. We may need to order products which are not immediately in stock from our suppliers. This may result in an extended delivery time or the products may be unavailable. If this occurs, we will notify you immediately.

Returns & Exchanges. We DO NOT offer any refunds on purchased goods for change of mind. If the item is faulty, we will exchange it for you. Original postage costs for non-faulty and non-damaged goods is not refundable.

Termination. These terms are effective unless and until terminated by either you or Mother Nurture Yoga with discretion it may also terminate this Agreement at any time and may do so immediately without notice, and deny you access to the site should you fail to comply with any term or provision of these terms of use and trade.

Credit Card And password security. Even though most banks limit your liability in certain circumstances, you may be held liable by us for fraudulent use of your credit or debit card if your actions have contributed to the unauthorized use of your credit card. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.

Currency & Taxes. All prices quoted on this website are in Australian Dollars (AUS$) and are inclusive of Australian sales tax (GST). Product Information We have tried to ensure that that the information on this website is current and accurate. We do not warrant its accuracy, reliability or completeness of the information stated in this website is accurate and up to date and are not responsible or liable for any errors, misstatements or omissions or for any adverse results arising from the use of information contained on the website.

We reserve the right to correct any errors, inaccuracies or omissions or to change or update any information at our sole discretion without notice, including after you have submitted your order site.

Contents Copyright. This site and all of its contents are intended solely for non-commercial, personal use. All contents of this site are the copyright of Mother Nurture Yoga. You are not permitted to copy, use, modify, reproduce, publish or distribute for any commercial purpose, and you may not incorporate any part of the material available on this site into any other work, whether hard copy, electronic, or any other form, or exploit in anyway. However, you may copy, print or download extracts of material from this website for the purpose of using this website for your own use or to place an order with Mother Nurture Yoga or for the purpose of sending information to individual third parties for their personal information.

Privacy & Security. We collect personal information about you, such as your full name, the recipients full name, email address, delivery address and contact phone numbers in order to provide you with a product or service as requested by you. We may use demographic, product interest and product purchase information to assist us to improve our site design, product offerings and customer services. Unless previously advised or required by law to do so, we do not disclose any of your personal information to any third parties.

YOU MUST CHECK FOR VIRUSES AND BUGS Information (including any file) obtained from or through this Site is not represented nor can it be relied upon to be free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses.

You expressly agree that we will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any applicable law that cannot be excluded imposes any liability on Mother Nurture Yoga, that liability shall be limited to the cost of re-supplying that information.

Links To Other Websites. This site may contain links to other websites that are not under the control of Mother Nurture Yoga. These links are provided solely for your convenience and information. Inclusion of these links does not imply our endorsement of the website or their operators, or any affiliation whatsoever. We do not accept responsibility for any content accessible through any external link, or liability for any direct or indirect loss or damage whatsoever, howsoever arising, suffered by you from accessing, using, relying upon or trading with third party websites.

You are responsible for complying with the terms and conditions of use by any third party websites. We prohibit any links on other websites to our website without our written prior consent in each instance. Should you create a link to this website without our prior written permission, you will be responsible for all losses, direct and indirect, that we may suffer as a result of the link. You agree to remove or cease any link upon request Limitation of Liability  of Mother Nurture Yoga for any claim, damages, loss or expense related to the supply of goods or services by us to you (direct or indirect and including but not limited to any consequential loss and negligence) shall not exceed the cost paid by you for the goods and services.

To the fullest extent permitted by law, Mother Nurture Yoga shall not be liable to you in any event for any direct or indirect special damage, costs and expenses, or any consequential loss, including but not limited to lawyer’s fees, loss or injury of any kind suffered by you or any other persons or any other claims for compensation whatsoever which arise from or relate to your use of the site, the supply of the products or their use or resale by you Disclaimer Mother Nurture Yoga provides information on this site without any warranties of any kind.

While Mother Nurture Yoga takes reasonable steps to ensure a fast reliable service, it does not guarantee that use of the website by you or any other persons will be interruption or error free. We will not be responsible for any disruption, loss or corruption of any material in transit, or loss or corruption of material or data when down loaded onto any computer system.

By using this site, you acknowledge that it is at your sole risk and that you assume full responsibility for all costs associated with all servicing or repairs of any equipment you use in connection with your use of this site. Mother Nurture Yoga expressly disclaims any responsibility to update or revise the materials on this site, although.

Mother Nurture Yoga reserves the right to modify the materials at any time without notice.