WEBSITE TERMS AND CONDITIONS OF USE

GENERAL

• Students must check in before entering classes.

• State of Zen Yoga is not liable to refund, transfer or offer compensation for classes that are late, changed or cancelled for any reason. State of Zen Yoga endeavours to deliver all of our classes on time, and as advertised, classes are subject to change or cancellation without notice. Teachers are subject to change without notice.

• State of Zen Yoga reserves the right to refuse entry to any person to its premises or access to any of its classes for any reasonable cause, including but not limited to misconduct, intoxication, or on medical grounds or failure to comply with these terms and conditions.

• State of Zen Yoga is not responsible for the safekeeping of your belongings or any loss or damage to any property resulting from attending our studio.

HEALTH AND SAFETY

• State of Zen Yoga is committed to a safe and supportive studio environment.

• Students must be over the age of 16. Young adults between the ages of 16 - 18 must be accompanied by a parent or guardian.

• By booking a class, you agree that you are physically fit and capable of participating in yoga and Pilates classes, workshops, and activities. 

• Practicing yoga and Pilates classes at State of Zen Yoga has certain risks and requires physical exertion that may cause physical injury or death. 

• You must notify State of Zen Yoga staff of any pre-existing injuries or medical conditions that may impact your exercise ability, including pregnancy.

• State of Zen Yoga maintains the right to refuse your participation in classes and events if they foresee that participation would risk damage to any party.

• Failure to follow all instructions given to you by State of Zen Yoga teachers will be at your own risk and may cause injury.

• State of Zen Yoga company and its directors, employees, volunteers, affiliates, and partners are in no way liable for any injury, loss, damage, or death resulting from attending our studio.

BOOKINGS

• Bookings are to be made via our app, the State of Zen Yoga website, or in the studio.

• Payment must be made at the time of booking.

• By booking a class or event, you agree to these terms and conditions.

WAITLIST

• You may be automatically added to a class from the waitlist a maximum of 5 hours before the class start time.

• When successfully added to a class, you will receive an email and text message confirming you are booked into the class. You are responsible for cancelling should you no longer wish to attend, and our cancellation and no-show policy applies to waitlisted bookings.

• Within 5 hours of a class start time, our waitlist switches to an even playing field and the waitlist order is no longer applicable. If a space becomes available, our system will send a text to everyone who still remains on the waitlist. The first person to respond to the SMS claiming the spot will be booked into the class. This space will be held for waitlisted students for 30 minutes before being released to the public if it is not claimed.

• You may come to the studio to try to gain a last minute spot in the class, however your place on the online waitlist will not be relevant; it is a first-come, first-serve basis to the studio.

CLASS CANCELLATION POLICY

• Our cancellation policy is in place to ensure everyone has an equal and fair chance to practice.

• If you can no longer attend a class, please consider fellow students and cancel your booking as soon as possible. We understand that things come up, so cancellations made up to 4 hours before the class start time won’t incur a penalty. The class will be automatically added back to your pack (if applicable).

• Booking cancellations must be made via our app and website. We can’t accept phone, email, or social media cancellations. 

• Students using a Class Pack who book a class and cancel less than 4 hours before class start time will forfeit their class. Students using a Class Pack who book a class and fail to attend will forfeit their class. 

• Students on unlimited memberships who book a class and cancel less than 4 hours before the class start time will incur a $10 late cancellation charge. All members will receive two waived late cancel charge per 30 day period. Students on unlimited memberships who book a class and fail to attend will incur a $20 no-show charge.

• Students on unlimited memberships who accrue more than 2 outstanding late cancel or no show charges on their account will have their membership paused until payment has been made.

EVENT CANCELLATION POLICY

• All ticket purchases to events are final and non-refundable. State of Zen does not offer refunds or credits on events for change of mind, injury, illness, change of address or any other reason. You will forfeit your ticket if you do not attend a booked event.

• Tickets for events may be transferred to a friend by contacting us via phone or email with a minimum of 72 hours’ notice.

• Please arrive at least 10 minutes before the scheduled start time, as late entry will not be permitted.

PRICING

• All purchases are final. State of Zen Yoga does not offer refunds for change of mind, injury, illness, change of address, or any other reason.

• All prices are quoted in Australian Dollars ($AUD), and all transactions are processed in Australian Dollars ($AUD). Prices, products, and offers include GST.

• All prices are correct at the time of online publication. We reserve the right to amend prices and printing errors. Prices may increase from time to time to reflect increases in the cost of operation. Prices are subject to change without notice.

• Sale items are only available at a lower price during the sale period.

• State of Zen reserves the right to charge merchant and admin fees where appropriate.

INTRO OFFER

• Your Intro Offer is valid for 14 days from your first class. It will be activated from your first class booked.

• Students who have attended classes at State of Zen previously are not eligible for the Intro Offer.

• State of Zen Yoga does not offer suspensions or extensions on Intro Offers for change of mind, injury, illness, change of address, or any other reason, including the inability to utilise all classes before expiration. 

• State of Zen Yoga is not responsible if Intro Offer holders cannot use State of Zen Yoga’s services or facilities because of an event caused by a natural force such as COVID-19 restrictions, extreme weather, or something similar beyond our reasonable control.

CLASS PACKS

• A pack of ‘10 Classes’ is valid for 4 months from the date of purchase.

• The ‘10 Class Autopay” requires a minimum of 3 renewals.

• A pack of ‘20 Classes’ is valid for 12 months from the date of purchase.

• Class packs cannot be shared. Anyone found to be sharing their pack will be denied entry.

• Events cannot be booked using class packs.

• State of Zen Yoga does not offer pauses or extensions on class packs for change of mind, injury, illness, change of address, or any other reason, including the inability to utilise all classes before pack expiration. 

• State of Zen Yoga is not responsible if class pack holders cannot use State of Zen Yoga’s services or facilities because of an event caused by a natural force such as COVID-19 restrictions, extreme weather, or something similar beyond our reasonable control.

• Auto renew packs can only be purchased after you have previously purchased a 10 class pack and you are committed to purchasing 3 auto renewals at a minimum.

• A renewal cancellation charge is payable if you choose to cancel your renewals before the end of the minimum term. It is an amount equal to 50% of the balance of your pass fees for the remainder of the minimum term or a sum equal to a 10 class pack (whatever is higher).

MEMBERSHIPS

• Membership pauses / cancellations require 72 hours' notice. Requests to pause memberships must be made in writing. Email to: admin@state-of-zen.com.au

• You may pause the membership at any time for a minimum of two weeks and a maximum of twelve weeks. The total maximum time a membership can be paused per calendar year is twelve weeks. 

• All members will receive two waived late cancel charge per 30 day period. Waiving of this charge does not apply to events.

• Memberships cannot be shared. Anyone found to be sharing their membership will be denied entry and have their membership cancelled.

• State of Zen Yoga is not responsible if members cannot use State of Zen Yoga's services or facilities because of an event caused by a natural force such as COVID-19 restrictions, extreme weather, or something similar beyond our reasonable control. If this continues for more than 30 days, State of Zen Yoga or you may cancel this membership immediately by written notice.

• State of Zen Yoga reserves the right to cancel memberships.

• State of Zen Yoga reserves the right to suspend any membership. Members with more than two (2) outstanding charges on their account will have their membership temporarily suspended until all outstanding balances are fully settled. Membership privileges will be reinstated once the account is up to date.

For Fortnightly unlimited membership:

• Membership is paid fortnightly in advance for the following fortnight. 

• Membership will continue to renew until cancelled.

• If your credit card details expire, these must be updated via the State of Zen Yoga app or website. Alternatively, you can update your details by calling or visiting the studio.

• All account debts must be settled before the membership cancellation can be finalised; this includes all late cancellations and no-show charges incurred.

• You are responsible for ensuring sufficient funds are available to cover your fortnightly membership payment. If a payment is declined for any reason, State of Zen Yoga will attempt to re-submit your payment every day for three days. If your payment fails for four consecutive days, State of Zen Yoga will cancel your membership.

For 6 month subscription unlimited membership:

• Membership is paid monthly in advance for the following month. 

• Memberships will continue to renew after the minimum term is completed until cancelled. 

• If your credit card details expire, these must be updated via the State of Zen Yoga app or website. Alternatively, you can update your details by calling or visiting the studio.

• A membership cancellation charge is payable if you choose to cancel your membership before the end of the minimum term. It is an amount equal to 50% of the balance of your membership fees for the remainder of the minimum term or a sum equal to 30 days of membership fees (whatever is higher).

• All account debts must be settled before the membership cancellation can be finalised; this includes all late cancellations and no-show charges incurred.

• You are responsible for ensuring sufficient funds are available to cover your monthly membership payment. If a payment is declined for any reason, State of Zen Yoga will attempt to re-submit your payment every day for three days. If your payment fails for four consecutive days, State of Zen Yoga will cancel your membership.

For 3 month, 6 month and annual unlimited memberships:

• Quarterly, Biannual and Annual Memberships are for a minimum of one debit.

• Quarterly Memberships are paid every three months in advance for the following three months.

• Biannual Memberships are paid every six months in advance for the following six months.

• Annual Memberships are paid every twelve months in advance for the following twelve months.

• Memberships will continue to automatically renew after the minimum term is completed until cancelled. We will notify you via email 2 weeks prior to renewal date, however if you are unsubscribed from State of Zen Yoga marketing emails you may not receive it. You will not receive a new reminder email if you pause your membership between the first reminder email is sent and before the renewal takes place.

• If your credit card details expire, these must be updated via the State of Zen Yoga app or website. Alternatively, you can update your details by calling or visiting the studio.

• All account debts must be settled before the membership cancellation can be finalised; this includes all late cancellations and no-show charges incurred.

• You are responsible for ensuring sufficient funds are available to cover your quarterly, biannual or annual membership payment. If a payment is declined for any reason, State of Zen Yoga will attempt to re-submit your payment every day for three days. If your payment fails for four consecutive days, State of Zen Yoga will cancel your membership.

For upfront memberships:

• Upfront memberships' are fixed-term contracts and do not auto-renew.

GIFT CARDS

• Gift Cards are valid for 3 years from the date of purchase. Gift Cards are not redeemable for cash. Gift Cards are not transferable.

• We accept no responsibility if a Gift Card is lost, stolen, destroyed, or used without your permission.

• State of Zen Yoga is not responsible if Gift Card holders cannot use State of Zen Yoga’s services or facilities because of an event caused by a natural force such as extreme weather or something similar beyond our reasonable control.

PAYMENT

• The terms and conditions of State of Zen Yoga’s third-party biller Stripe can be found here.

• State of Zen Yoga is not responsible for additional bank fees that you may incur from your bank. Bank fees are under the terms and conditions of contractual agreements between yourself and your bank.

WEBSITE

• Unless otherwise indicated, State of Zen Yoga owns all copyright of the material on this website. All registered or unregistered trademarks used on this website are the property of their respective owners.

• All copyright, data, text, software, images, graphics, trademarks, logos, interfaces, photographs, and other intellectual property (content) on the website is owned, controlled by, or licensed to State of Zen Yoga. Except for viewing the content for your non-commercial use, State of Zen Yoga does not grant you any rights to use the website or content for any other purpose unless it expressly consents in writing.

We reserve the right to update, change or replace any part of these terms and conditions at any time. It is your responsibility to check our website for changes periodically.

PURCHASING PRODUCTS – OILS / MERCHANDISE ETC.

Registration to Purchase Products

In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

• Email address

• Mailing address

• Password

You warrant that any information you give to State of Zen in the course of completing the registration process will always be accurate, correct and up to date.

Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.

You may not use the Purchase Services and may not accept the Terms if:

you are not of legal age to form a binding contract with State of Zen; or

you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

Your obligations as a Member

• As a Member, you agree to comply with the following:

• You will use the Purchase Services only for purposes that are permitted by: the Terms;

• Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

• You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;

• Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify State of Zen of any unauthorised use of your password or email address or any breach of security of which you have become aware;

• Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of State of Zen providing the Purchase Services;

• You will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

• You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services.

Purchase of Products and Returns Policy

• In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').

• Payment of the Purchase Price may be made through 'Stripe' or 'Paypal' (the 'Payment Gateway Provider')

• In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

• Following payment of the Purchase Price being confirmed by State of Zen, you will be issued with a receipt to confirm that the payment has been received and State of Zen may record your purchase details for future use.

• State of Zen may, at their sole discretion, provide a refund on the return of the Products within 3 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

Warranty

• State of Zen's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').

• You may make a claim under this clause (the ' Warranty Claim') for material defects and workmanship in the Products within 1 year for herbal oil based products and essential oil based products - until they’re used - from the date of purchase (the ' Warranty Period').

• In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to State of Zen showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to State of Zen at admin@state-of-zen.com.au.

• Where the Warranty Claim is accepted then State of Zen will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

• The Warranty shall be the sole and exclusive warranty granted by State of Zen and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.

• All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

• The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

Delivery

You acknowledge that the Purchase Services offered by State of Zen integrate delivery (the ' Delivery Services') through the use of third party delivery companies (the ' Delivery Service Providers').

In providing the Purchase Services, State of Zen may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that State of Zen is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

In the event that an item is lost or damaged in the course of the Delivery Services, State of Zen asks that you:

• Contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and

• Contact us by sending an email to admin@state-of-zen.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.