Terms of use.
What are these terms?
These terms of use govern your use of the Jessica Dewar Yoga Pty Ltd (ABN 41 635 507 255) website. By using our website, you agree to be bound by these terms of use.
Intellectual property
The content on our website belongs to us, or to someone who has given us permission to use it. If you are using our website for personal, non-commercial purposes, you do not have to seek our permission to print any of the content. In all other cases or for any other purpose you must first get our written permission.
Limit of liability
To the maximum extent permitted by law, we exclude all liability to you or anyone else for any loss or damage of any kind (however caused, including by negligence) arising from or relating in any way to the use of this website or any of the content. This includes, but is not limited to, the transmission of any computer viruses or anything else that may interfere with or damage the operations of your computer systems.
We will not be liable to you for any indirect, incidental, special or consequential loss arising from or relating in any way to your use of this website.
Currency
The information on this website can change and although we attempt to ensure that the content is current at the date specified for that content, we do not guarantee its currency.
Links
We are happy for you to link to our site. We reserve the right to deny any person permission to link to our site. We are not responsible for any material contained in any linked site, nor do we endorse or make any representation about the linked site or the organisations referred to on that site.
Changes in these terms
We may change these terms of use. Accordingly, we recommend that you check this page from time to time in order to review our current terms. Your continued use of our website is deemed to be acceptance of the amended terms of use.
TERMS AND CONDITIONS
These terms and conditions outline important information about becoming a Jessica Dewar Yoga member. Please read this document before you join and if you have any questions please be sure to ask us prior to agreeing to these terms. The terms of this agreement nullify anything that you may have been told by anyone. If you have been told anything different to what is contained in this document then you should discuss this with us before agreeing to these terms. The terms and conditions of our studios may change from time to time and you will always be able to see the most up to date terms and conditions here.
Membership agreement
When you purchase a membership or service from us you agree to all the terms and conditions of this agreement.
You agree that the information contained in this agreement outlines a complete agreement between you and us.
If any part of this agreement becomes invalid or discontinued you agree that the remaining parts will continue to be valid.
If Jessica Dewar Yoga does not enforce its rights under this agreement that does not mean that we are waiving those rights. Our rights under this agreement may still be enforced.
Class Bookings and Cancellations
We recommend that you pre book your classes online to reserve your position in the class.
Our booking schedule opens up 14 days in advance.
Cancellations can be made up to 4 hours prior to the start of your class to avoid a late cancel/absent fee.
Cancellations made less than 4 hours before class will result in a $15 Late Cancellation fee.
No-Shows will result in a $15 No Show fee.
Introductory Offer
Any introductory or launch offers (Introductory Offers) made by Jessica Dewar Yoga may be utilized by new and existing members one time only.
Introductory Offers will be valid for a specified term, usually expressed in days or number of classes. The term of the Introductory Offer will commence on the date that you register for the offer.
Our Introductory Offer of $49 for Unlimited Classes is valid for a limited time only and may cease at any time, at the discretion of Jessica Dewar Yoga and it's representatives. This offer may not be redeemed after this time.
No refunds, transfers, suspensions or extensions are offered on unused portions of any Introductory Offer due to illness, injury, change of address or any other reason.
5 Class packs
All 5 Class Passes expire in 3 months from the date of purchase of the pack.
This pack allows you to attend 5 regularly scheduled sessions, but excludes guest teachers, workshops, retreats, teacher training or other special events.
The Sessions purchased, (i.e. 10 Class Pass, Private Session) are not interchangeable. For example, a 5 Class Pass cannot be exchanged for a Private session.
No refunds, transfers, suspensions or extensions are offered on unused portions of the 5 Class Pack due to illness, injury, change of address or any other reason.
Month-to-month membership
Month to month memberships activate from the date of purchase.
When you enter into a Month to Month direct debit agreement with us your reoccurring payments will be secured at the said rate for a period of 1 month.
We reserve the right to increase your direct debit after the 1 month period and will notify you with one months written notice if this is the case.
This membership allows you access to regularly scheduled in-studio only classes, but excludes guest teachers, workshops, retreats, teacher training or other special events.
There is a one month minimum term for any month to month membership. No joining fees.
The membership will continue indefinitely until you advise Jessica Dewar Yoga via email (hello@jessicadewaryoga.com) that you wish to cancel your membership. Please allow up to 1 week to process any such cancellation.
Whilst on Direct Debit you are able to book in advance of your payments being deducted (within our 14 day scheduling period), however this is only possible once your “initial” payment has been deducted.
From time to time, Jessica Dewar Yoga may increase its fees for any of our month to month memberships. Notice of any such increase will be provided at jessicadewaryoga.com. Your membership fees will increase accordingly, with such an increase to take effect not less than 2 weeks after the date that the increase of fees is notified on the website.
It is your responsibility to ensure there are sufficient funds available to cover the fortnightly auto-debit. If an auto-debit is declined due to insufficient funds, the transaction will fail which requires additional administration and yields additional bank costs. Unfortunately, our third party biller, Ezidebit, is unable to absorb these costs and applies a fee for these failed transactions. This fee will be debited from your account after the failed payment.
Jessica Dewar Yoga is in no way responsible for additional bank fees that you may incur from your bank. Bank fees are under the terms and conditions of contractual agreements that lie between you and your bank.
If an auto debit cannot be made for any reason, Jessica Dewar Yoga may in its absolute discretion, process the payment anytime after the due date upon receipt of sufficient monies in your account.
Jessica Dewar Yoga may at any time, and in its absolute discretion, cancel the membership, including (for instance) if your auto-debit payments fail for 2 payments or more.
The terms and conditions or our third party biller Ezidebit form a binding component of your membership agreement. See “Ezidebit Terms”. By purchasing a month to month membership, or attending any class using a month to month membership, you are deemed to have agreed to and signed the Ezidebit Terms.
We reserve the right to charge reasonable administration fees for students whose payments fail on a regular basis.
Month to month memberships are non transferrable, non refundable and no suspensions are allowed.
12 month memberships
When you enter into a direct debit agreement with us your reoccurring payments will be secured at the said rate for a period of 12 months.
We reserve the right to increase your direct debit after the 12month period and will notify you with one months written notice if this is the case.
Whilst on Direct Debit you are able to book in advance of your payments being deducted (within our 14 day scheduling period), however this is only possible once your “initial” payment has been deducted.
Payments will show on your bank/credit card statements as “Ezidebit Newstead” and NOT as “Jessica Dewar Yoga”.
If you choose to use a credit card for payment then please note that the name on the card must match the name on your account or the payment will be rejected.
A dishonor fee of $11.90 will be charged to you by Ezidebit for any payments that are unable to be processed.
We reserve the right to charge reasonable administration fees for students whose payments fail on a regular basis.
We reserve the right to terminate direct debit memberships for students who fail to respond to correspondence from us regarding failed payments.
Cooling off period
You may cancel your 12 month contract at any time within 7 days with written notice to your regular studio and this can be given to us via email or in person at the studio.
If you choose to cancel under this clause you will be refunded 80% of the amount paid for the remaining classes.
Refunds will be made via EFT or bank transfer within 10 business days. No cash refunds will be issued.
Transferring Your Membership
You can transfer your 12 month direct debit membership to another person, at any time.
An administration fee of $50 will apply to all transfer requests.
Membership suspensions
You are able to suspend your membership for up to 3 months/90days for all 12-month direct debit commitments.
A minimum of one weeks written notice must be given either in the studio or via email to hello@jessicadewaryoga.com
Members on a 12-month membership who find that they are unable to attend and utilize their membership for temporary reasons due to injury or illness are able to suspend their memberships for up to 30days/one month maximum. A valid medical certificate must be provided.
Please also note that suspending your account will change the date that money is deducted from your bank account/credit card.
Reasonable administration charges may apply to all suspensions requests.
It is your responsibility to ensure that your membership details are accurate and up to date including all contact details and your nominated bank or credit card details for payments.
Membership terminations
A minimum of one weeks written notice must be given either in the studio or via email to hello@jessicadewaryoga.com
A reasonable administration fee may be applied to all termination requests processed.
Pay as you go monthly memberships cannot be refunded.
Should you wish to cancel your 12-month membership early, a $500 break fee will be payable immediately.
Online Livestream Unlimited Membership
This membership allows you access to unlimited regularly scheduled online only classes, but excludes guest teachers, workshops, retreats, teacher training or other special events.
There is no minimum term of the Unlimited Membership to Online Livestream classes. You are welcome to cancel anytime.
The membership will continue indefinitely until you advise Jessica Dewar Yoga via email (hello@jessicadewaryoga.com) that you wish to cancel your membership. Please allow up to 1 week to process any such cancellation.
You may suspend your Unlimited Livestream Membership by emailing us at hello@jessicadewaryoga.com to notify us of the dates of the suspension no later than 1 week before the start of the suspension period. You may suspend your Unlimited Livestream Membership for a minimum period of 2 weeks at any time, and the maximum period that you may suspend in any 12 month period is 12 weeks.
Membership fees will be charged to your credit card or bank account once per week via a third party biller.
From time to time, Jessica Dewar Yoga may increase its fees for the Unlimited Livestream Membership. Notice of any such increase will be provided at jessicadewaryoga.com. Your membership fees will increase accordingly, with such an increase to take effect not less than 2 weeks after the date that the increase of fees is notified on the website.
It is your responsibility to ensure there are sufficient funds available to cover the fortnightly auto-debit. If an auto-debit is declined due to insufficient funds, the transaction will fail which requires additional administration and yields additional bank costs. Unfortunately, our third party biller, Ezidebit, is unable to absorb these costs and applies a fee for these failed transactions. This fee will be debited from your account after the failed payment.
Jessica Dewar Yoga is in no way responsible for additional bank fees that you may incur from your bank. Bank fees are under the terms and conditions of contractual agreements that lie between you and your bank.
If an auto debit cannot be made for any reason, Jessica Dewar Yoga may in its absolute discretion, process payment anytime after the due date upon receipt of sufficient monies in your account.
Jessica Dewar Yoga may at any time, and in its absolute discretion, cancel the membership, including (for instance) if your auto-debit payments fail for 2 payments or more.
The terms and conditions or our third party biller Ezidebit form a binding component of your membership agreement. See “Ezidebit Terms”. By purchasing an Unlimited Membership, or attending any class using an Unlimited Livestream Membership, you are deemed to have agreed to and signed the Ezidebit Terms.
General Terms and Conditions
For the purpose of Private At Home Yoga sessions, representatives of Jessica Dewar Yoga will service only those clients who reside and/or nominate the location for training in the following Victorian Councils; Boroondara, Stonnington, City of Melbourne, Bayside, Port Phillip, Yarra, Glen Eira
Jessica Dewar Yoga is not liable to refund, transfer or offer compensation of any kind for classes/sessions/workshops/programs that are late, changed or canceled for any reason, or if you are unable to attend a class because it is full.
Jessica Dewar Yoga is not responsible for the safekeeping of your belongings.
All purchases are final. Jessica Dewar Yoga does not offer refunds on services or products for change of mind, injury, illness, change of address or any other reason.
All passes and memberships are non-transferable and may not be shared.
There are further and more specific terms and conditions that relate to our Introductory Offers, Month to Month Memberships, 12 Month Memberships and 5 Class Packs. Those further terms are set out above, and are also available on jessicadewaryoga.com. By purchasing any of these class passes or memberships, or attending any class using one of these passes or memberships, you acknowledge and agree that you have read, understood and agreed with those further terms.
The terms and conditions of our third party biller Ezidebit can be found here: “Ezidebit Terms”.
By attending/participating in classes, workshops and/or private sessions at Jessica Dewar Yoga or via our Livestreamed online classes, you confirm your understanding that classes conducted by Jessica Dewar Yoga may be physically strenuous, and you voluntarily participate in them with full knowledge that there is a risk of personal injury, property damage 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 Jessica Dewar Yoga, 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.
Event Cancellations / Postponements
Jessica Dewar Yoga Pty Ltd may cancel / reschedule / postpone the Class / Workshop / Course / Program for any reason. If a Class / Workshop / Course / Program is canceled or postponed in full or in part, Jessica Dewar Yoga Pty Ltd will use its reasonable endeavours to notify you of the cancellation or postponement using the details you provided at the time of booking. If a Class / Workshop / Course / Program is canceled, Jessica Dewar Yoga Pty Ltd will refund you the Investment you have actually paid to us minus any reasonable administration costs (as determined by Jessica Dewar Yoga Pty Ltd) within 30 days of giving you notice of cancellation. If a Class / Workshop / Course / Program is rescheduled or postponed, Jessica Dewar Yoga Pty Ltd will, where possible, use its reasonable endeavours to offer you a position to the rescheduled Class / Workshop / Course / Program equivalent to the value of the investment actually paid to Jessica Dewar Yoga Pty Ltd. Any elements of the Class / Workshop / Course / Program that have been provided to you are non-refundable. Class / Workshop / Course / Program which are rescheduled or postponed are not eligible for a refund and Jessica Dewar Yoga Pty Ltd shall have no further liability to you in respect of the cancellation, rescheduling or postponement of the Class / Workshop / Course / Program.
Force Majeure
If a Class / Workshop / Course / Program is prevented or canceled because of an act of God, an inevitable accident, fire, blackout, flood, pandemic, Government legislation or any other calamity, or if by reason of strikes, or lockdowns, or any other events beyond the direct control of both parties, then Jessica Dewar Yoga PTY LTD may at its option either postpone the Class / Workshop / Course / Program from the original date, alter the delivery of the Class / Workshop / Course / Program or cancel and refund as per term 20.