TERMS AND CONDITIONS



In these Terms & Conditions, “we”, “us”, “our” and all references to “The Kula”, refer to The Kula Collective Pty Limited (ABN: 59 668 395 976)


Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The information is intended for residents of Australia only. We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.


REGISTERED USERS


In order to access the services provided on this website, you must become a registered user. You must complete registration by providing certain information as set out on our membership/registration page. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.


You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.  On registration, we provide you with a password. On registration you agree to pay for our services as set out on our website. We reserve the right to terminate your registration at any time if you breach these terms and conditions.


OUR WEBSITE SERVICES


Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.

All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.


SITE ACCESS


When you visit our website, we give you a limited licence to access and use our information for personal use.

Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

OUR WEBSITE SERVICES


Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.

All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.




INFORMED CONSENT - LIABILITY WAIVER


When you visit our website and take part in online yoga classes, you agree to the following waiver;


In consideration of participating in the online activities and programmes of The Kula, in addition to the payment of any fee or charge, I do hereby waive, release and forever discharge The Kula from any and all responsibility or liability for injuries or damages resulting from my participation in any activities or my use of equipment in the above mentioned activities.


I understand and I am aware that strength, flexibility and aerobic exercise, including the use of equipment, are potentially hazardous activities. I also understand that exercise and fitness activities involve a risk of injury and even death, and that I am voluntarily participating in these activities and using equipment and facilities with the knowledge of the dangers involved. I hereby agree to expressly assume and accept all and any risks of injury or death.


I am aware that I have the right to request advice from any of The Kula staff, at any time, in relation to the activities and exercise being undertaken and, but not exclusively, their suitability for me, with particular regard to my health and clothing. If I choose not to take advice, or to disregard any advice so given, I do so voluntarily and accept liability for all resulting injuries or damage.


I do hereby declare myself to be physically sound and suffering from no condition, impairment, disease or infirmity or other illness that would prevent my participation or use of equipment or facilities except as herein stated. Specifically, I confirm that where any of the following are applicable to me, I have made a Kula team member aware prior to participating in any The Kula Livestream or On Demand classes:


  • Heart trouble or chest pains
  • Feelings of faintness or dizziness
  • Joint problems, such as arthritis
  • Asthma or breathing difficulties
  • Pregnancy or having given birth in the last six months
  • Having had an operation in the last three years
  • Current medication that may impact my ability to exercise
  • Diabetes or Epilepsy
  • Another physical reason that I should not participate in exercise activities

I acknowledge that I have either had a physical examination and have been given my doctor’s permission to participate, or that I have decided to participate in activity and use of equipment and machinery without the approval of my doctor and do hereby assume all responsibility for my participation and activities, and utilisation of equipment and machinery in my activities. I confirm I have received, read and understood the Safety Guidelines set out below.


SAFETY GUIDELINES

Please follow the following guidelines when attending Livestream classes


  • Ensure you have a clear and safe space to practice all activities
  • Wear appropriate clothing for exercising indoors
  • Have any medication you may need within reach
  • Have adequate water
  • Tell the instructor if you have any injury, ill health or may be pregnant. If you are pregnant or have recently been pregnant, we may require clearance from your doctor in order for you to participate in The Kula classes.
  • Please let The Kula know if your contact details change so we can contact you in an emergency.

Please listen when we issue instructions. We do this to keep you safe and ensure you know how to do the exercises safely. After livestream sessions there will be an opportunity to connect with the teacher and ask any questions about your personal practice.

It is your responsibility to ensure that you are in good health and do not suffer from any condition or physical impairment which could prevent you from completing the sessions safely.



INTELLECTUAL PROPERTY RIGHTS

The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.


PRIVACY


We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake all reasonable steps to preserve such information in a secure manner. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.



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