Terms of Service
These terms and conditions apply to your use of the website at soflostudios.com.au and to the entire contents of the Website. Please read them carefully before using the Website.
By accessing any part of the Website, you will be deemed to have accepted these terms and conditions in full, and they will constitute a legally binding contract between us and you. Accordingly, if you do not agree with any part or all of these terms and conditions, do not use the Website.
Changes to these terms and conditions - We may change these terms and conditions at any time by posting the changes on the Website. You are responsible for informing yourself of any changes by regularly viewing this section of the Website. If you access or use the Website after any changes are posted, you are taken to have agreed to those changes.
Licence to use Website - We grant you a non-exclusive licence to use the Website, subject to these terms and conditions. We may terminate this licence at any time and without notice to you.
Intellectual property
All content included in or on the Website (including, but not limited to, text, design, graphics and code and any arrangement of those things) is owned by or licensed to us and is protected by copyright, trademark, and other laws in Australia and various other countries. The trade marks displayed on the Website are owned by or licensed to us, or are otherwise properly used by us, and many of those trade marks are registered in Australia and a number of other countries around the world. We do not grant you any express or implied right to use, reproduce, modify, create derivative works from, upload, transmit or distribute that content, any of those trade marks or any other intellectual property.
You may only view, print and download extracts from the Website for your own personal use and not for commercial use. You do not have permission to copy, reproduce, republish, store in or on any public or private electronic retrieval system, up-load, post, communicate, transmit or distribute in any way any of the contents of the Website for public or commercial purposes without our prior written consent.
Availability - While we normally try to make the Website available 24 hours a day, we are not liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice to you in the case of a system failure, required maintenance or repair or for reasons beyond our control.
Your material and conduct
Other than your personal information, which is covered by our privacy policy (available for viewing on the Website), any material you transmit or post to the Website will be taken to be non-confidential and non-proprietary. We have no obligations with respect to such material. We and our associated entities and business partners will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied in it for any commercial or non-commercial purposes.
You are prohibited from posting or transmitting to or from the Website any material:
That is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance to, or inconvenience for, us or any other person; or
for which you have not obtained all necessary licences and/or approvals; or
which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of, or infringe the rights of any third party in, any country in the world; or
which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
It is our policy to co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of this clause 5 or any law.
You may not misuse the Website (including, without limitation, by hacking).
Cookies - A "cookie" is a small text file placed on your computer by a web server when you access a web site. The cookie identifies the computer being used, but not individual user. Like many other websites, the Website uses cookies to make a record of your visit to the Website, and will record the following information:
your server address;
your top level domain name;
the date and time of access to the Website;
the pages accessed and documents downloaded;
the previous web site visited; and
the type of browser software in use.
We use this information for various purposes including statistical purposes, but in each case, the information collected cannot be used to identify you personally.
You may be able to disable cookies on your web browser, but doing so may limit your ability to use the Website fully.
Disclaimer - The contents of the Website are intended to provide general information only and are not to be relied on by you, or for any particular purpose. While we try to ensure that the information we post on the Website is correct, we do not warrant the accuracy, currency, completeness or usefulness of that information.
Exclusion and limitation of our liability
You expressly agree that use of this Website is at your sole risk.
We exclude all warranties and guarantees in connection with the Website and your use of it. For the avoidance of doubt, this exclusion includes an exclusion of: all conditions and warranties implied by custom, the general law or statute, and for loss or damage suffered by you in connection with: the use, inability to use or the results of use of the Website or of any websites linked to the Website or the material on such websites; or viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing or using the Website or any websites linked to the Website, or your downloading of any material from the Website or any websites linked to the Website; and any loss, cost, expense, damages or liability, including but not limited to loss of data, loss of profits or any other direct, indirect, special or consequential loss or damage, whether arising from negligence, breach of contract or otherwise and whether foreseeable or not, suffered or incurred by you or any other person in connection with any of the matters or circumstances described in this agreement, except for any warranties or guarantees, or any such loss, cost, expense, damages or liability, which may not be excluded by force of the Competition and Consumer Act 2010 (Cth) or similar legislative provision.
Our liability under any guarantee, condition or warranty implied or stipulated by the Competition and Consumer Act 2010 (Cth) or similar legislative provision which may not be excluded but which may be limited in any of the following ways, is limited at our option to: in the case of goods supplied by us: the replacement of goods or the supply of equivalent goods; the repair of goods; or the refund of the price paid by you for goods; or in the case of services supplied by us (including the provision or as part of the Website): the supply by us of the services again; or the refund of the price paid by you for the services.
Release and indemnity - You hereby:
release and forever discharge us and our officers, employees, agents and contractors from any and all claims, actions, disputes, demands, proceedings, accounts, interest, costs (whether or not the subject of a court order), expenses and liabilities of whatever nature and however arising which you may now have or at any time thereafter might have or, but for these terms and conditions, might have had against us or our officers, employees, agents or contractors arising out of or in any way connected with or incidental to the use or misuse of the Website (including in relation to any communication which you upload to the Website);
covenant in favour of us and our officers, employees, agents and contractors not to bring or pursue, procure that a third party bring or pursue, provide financial support for or otherwise support any claim, action, dispute, demand or proceeding in any court or tribunal in respect of any matter which is the subject of a release under clause 9(a); and
irrevocably indemnify us and our officers, employees, agents and contractors against any claim, liability, loss or expense arising out of or in any way connected with or incidental to:
the use or misuse of the Website by you or your officers, employees, agents or contractors, or authorised, enabled or facilitated by you or your officers, employees, agents or contractors; and any breach of any of these terms and conditions by you.
Website links - Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and do not control, and are not responsible for, these websites or their content or availability. We therefore do not endorse or make any representations about them or any material found there or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk. You may not create links to the Website without our prior written consent.
Conflicts with other parts of Website - If there is any inconsistency or conflict between any of these terms and conditions and anything stated in any other part of the Website, unless expressly stated otherwise, these terms and conditions prevail to the extent of the inconsistency or conflict.
Unenforceable terms - If any provision of these terms and conditions is held by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the balance of these terms and conditions.
Governing law and jurisdiction - These terms and conditions are governed by the law in force in Victoria, Australia. We and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, and any court that may hear appeals from any of those courts. You irrevocably waive any right you might have to claim that those courts are an inconvenient forum and any objection to the venue of any proceedings on the ground that they have been brought in an inconvenient forum.
Standard Refund & Returns Policy
All products purchased from Soflo Studios is subject to our Standard Refund and Returns Policy.
In order to organise a refund or return under these terms and conditions, you must notify us via email at contact@soflostudios.com.au within 14 days of placing your order (the Return Period). You must comply with all directions given to you by Soflo Studios staff in order to facilitate your return or refund.
To qualify to return or refund an item the product must be in their original packaging, along with all included accessories, and must not be damaged in any way during the time the product is in your possession (or until said time the item has been returned to Soflo Studios).
Where a product qualifies for a return or refund, Soflo Studios may at our discretion offer a store credit or refund equal to the price of the product being returned, less the initial delivery charges specified in your initial order confirmation.
The Return Period commences on the date you receive your order confirmation. Where there is no proof of delivery, the return period will be assumed to be 3 business days from the date of dispatch of the product.
The Product must be returned to Soflo Studios within 10 business days of your initial request to return your Product via email to contact@soflostudios.com.au. If items have not been received by Soflo Studios within 10 business days of your initial request to return, maybe cancelled by Soflo Studios.
You must return the products for which you are seeking a store credit or refund at your own cost and you must comply with the directions for returning the product that Soflo Studios staff provide to you. The goods will remain your responsibility during transit until such time as they are received at the address as supplied by Soflo Studios staff. Soflo Studios will accept no liability for any loss or damage which may occur during transit.
After receiving the returned product, Soflo Studios will issue a store credit or refund as soon as is reasonably practicable and you will be provided with e-mail acknowledgement.
Soflo Studios reserves the right to make changes to this Returns Policy without notice.
Our Returns Policy includes, and does not seek to exclude or limit, the rights you have under the Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. The warranties and product support that we offer and provide pursuant to our Terms and Conditions are in addition to the consumer warranties and guarantees under the Australian Consumer Law.
Standard Membership Agreement
When you purchase a membership service, class pass or free class from Soflo Studios 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 Soflo Studios 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.
10, 20 or Single Pass:
Passes will expire as indicated on the website, no extensions are permitted.
Passes are non transferrable.
6 hour cancellation policy applies.
You must book in to attend any online or Face-To-Face practices.
Unlimited Weekly Passes:
6 hour cancellation policy applies with a $10 late cancel or no show.
Pause or halt membership for up to 6-weeks per annum.
Access any of our online or Face-To-Face practices in the studio (excluding special events or courses).
No lock-in contract or administration fees.
You choose how and when you want to practice and cancel anytime easily online.
You must book in to attend any online or Face-To-Face practices.
Access to the studios:
Members must be 14 years old to attend classes - first class parent/guardian must be present and participate.
It is recommended that if you are under 18 years of age that you seek medical advice prior to undergoing any classes to ensure that yoga is the right exercise for you.
Pups & Poses is strictly +18.
You agree that you leave your valuables at your own risk.
Please be sure that you are wearing suitable attire for your classes and that no shoes are worn in the studio.
Any belongings left behind will be kept in lost property by the studios for a maximum of 1 week after which time they will be given to charity.
Use of studio facilities:
It is your responsibility to use our equipment and facilities with respect and care. If you are unsure of how to use anything please let a staff member know.
It is our right to remove or replace any equipment.
We reserve the right to change, cancel or delete classes from our schedule at our discretion without notice.
We reserve the right to close the studio for periods of refurbishment or holiday periods. If we decide to close the studio for more than 5 consecutive days you may request an extension on your membership without penalty.
Memberships fees will not be reduced if we decide to close the studio for periods of refurbishment or holiday’s for up to 5 days.
Medical or physical conditions:
It is your responsibility to let us know if you have any medical or physical conditions that may affect your practice.
It is your responsibility to ensure that you have permission from your doctor or treating practitioner to participate in our classes.
By agreeing to these terms you accept that you have no detrimental medical or physical conditions that you are not aware of that may prevent you from participating in our classes.
If your medical or physical condition changes after joining it is your responsibility to let us know.
You accept that we are not medical practitioners and cannot give you any advice on your medical condition and your ability to participate in our classes.