Terms of Service

1. Introduction

Welcome to Zenvatical. These Terms of Service ("Terms") govern your access to and use of our website, services, and products ("Services"). Please read these Terms carefully before using our Services.

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Services.

2. Definitions

In these Terms, the following definitions apply:

• "We," "us," and "our" refer to Zenvatical, located at 123 Harmony Way, Sydney, NSW 2000, Australia.
• "You" and "your" refer to the individual or entity using our Services.
• "Content" means text, images, photos, audio, video, and all other forms of data or communication.
• "Member" means a person who has registered for an account with us.
• "User" means any person who uses our Services, including Members and visitors.

3. Account Registration and Membership

To access certain features of our Services, you may need to register for an account or purchase a membership. When you register, you agree to provide accurate, current, and complete information about yourself and to update this information as needed to keep it accurate, current, and complete.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, not current, or incomplete.

4. Payments and Fees

By purchasing a class, membership, or any other service through our website, you agree to pay all fees associated with the service. All fees are in Australian Dollars and are non-refundable except as expressly stated in our refund policy below.

You authorize us to charge your chosen payment method for all fees incurred. If your payment method fails or your account is past due, we may suspend or terminate your access to our Services.

We reserve the right to change our prices at any time. Any price changes will be posted on our website and will apply to future purchases only.

5. Cancellation and Refund Policy

Class Cancellations:

• Individual classes may be canceled up to 12 hours before the scheduled start time for a full credit to your account.
• Cancellations made less than 12 hours before the class start time will not receive a credit.
• No-shows will be charged the full class fee or deducted from your class pack.

Membership Cancellations:

• Monthly memberships require a minimum 30-day written notice for cancellation.
• Annual memberships are non-refundable but may be transferred to another individual with our approval.
• Memberships may be frozen for up to 30 days per year with a minimum 7-day notice.

Refunds:

• Refunds will be considered on a case-by-case basis and are generally only issued in cases of serious illness or injury (with medical documentation) or relocation more than 50km from our facility.
• All refund requests must be submitted in writing to [email protected].
• Processing fees may apply to all refunds.

6. Health and Safety

By participating in our classes and services, you acknowledge that physical exercise involves inherent risks. You agree that you are voluntarily participating in these activities and assume all risk of injury or illness that might result.

You represent and warrant that you have no medical condition that would prevent you from safely participating in our activities. If you have any health concerns, you agree to consult with a physician before participating in any physical activity at Zenvatical.

You agree to follow all safety instructions provided by our instructors and staff. We reserve the right to refuse service to anyone who appears to be under the influence of drugs or alcohol or who behaves in a manner that poses a risk to themselves or others.

7. Code of Conduct

When using our Services and participating in our classes, you agree to:

• Treat all staff, instructors, and other participants with respect and courtesy
• Arrive on time for classes and appointments
• Keep your voice at an appropriate level during classes and in common areas
• Clean equipment after use according to posted guidelines
• Wear appropriate attire for your activity
• Refrain from using strong perfumes or colognes
• Turn off or silence mobile devices during classes
• Respect the personal space and property of others

We reserve the right to ask anyone who violates this code of conduct to leave the premises.

8. Intellectual Property Rights

All content included on our website and in our services, such as text, graphics, logos, images, audio clips, digital downloads, and data compilations, is the property of Zenvatical or our content suppliers and is protected by Australian and international copyright laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our content without our express written consent.

The Zenvatical name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Zenvatical. You may not use these marks without our prior written permission.

9. Limitation of Liability

To the maximum extent permitted by law, Zenvatical, its directors, employees, partners, and service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use our Services
• Any conduct or content of any third party on our Services
• Any content obtained from our Services
• Unauthorized access, use, or alteration of your transmissions or content

Our liability to you for any cause whatsoever and regardless of the form of the action will be limited to the amount paid, if any, by you to us for the Services during the 12-month period prior to the event giving rise to liability.

10. Disclaimer of Warranties

Your use of our Services is at your sole risk. Our Services are provided on an "AS IS" and "AS AVAILABLE" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that our Services will always be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. We are not responsible for the actions, content, information, or data of third parties, and you release us from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

11. Indemnification

You agree to defend, indemnify, and hold harmless Zenvatical, its directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our Services.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Sydney, Australia for the resolution of any disputes.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last Updated" date at the top of this page. If the changes are material, we will provide notice through our Services or by other means.

Your continued use of our Services after any changes indicates your acceptance of the modified Terms.

14. Contact Information

If you have any questions about these Terms, please contact us at:

Zenvatical
123 Harmony Way
Sydney, NSW 2000
Australia
Email: [email protected]
Phone: +61 2 8912 5674