Terms and Conditions
In these terms and conditions, “we” “us” and “our” refers to Samadhi Enterprises Limited, trading as Kindred Studio. Your access to and use of all information on this website including purchase of our product/s and services is provided subject to the following terms and conditions. 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.
- 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 clauses 44 - 46 regarding the collection, storage and use of personal information that you provide to us.
- 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.
- We reserve the right to terminate your registration at any time if you breach these terms and conditions.
OUR WEBSITE SERVICES
- All prices are in New Zealand Dollars (NZD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our website 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.
PRODUCT AND SERVICE DESCRIPTIONS
- We strive to ensure that our products and services are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
- Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product or service.
CHANGES TO CLASS SCHEDULE
- We endeavour to ensure all classes run according to the schedule, however we and our lovely staff are human and cannot guarantee that all classes will go ahead. Occasionally the class teacher may be different to that shown on the schedule. Wherever possible, schedule or teacher changes will be updated in advance via the Kindred App and live website schedule.
- When you purchase a product or service from us, we require you to provide your name, address for delivery (if relevant), your email address, telephone contact and credit card details or bank account information if setting up a direct debit membership payment. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
CASUAL CLASSES, 5-CARD, 10-CARD PASSES
- Casual classes and 5-card or 10-card passes are available to purchase from our website.
- Casual class passes or concession cards may be used for any regular scheduled yoga or Nia class at Kindred Studio, including virtual/online classes. Such passes are not valid for courses, workshops or other special events.
- A one-off casual class is valid for the date of purchase only, unless otherwise agreed with us.
- 5-card passes are valid for 2 months from the date of purchase.
- 10-card passes are valid for 4 months from the date of purchase.
- 5-card and 10-card passes cannot be transferred, but can be shared with a partner or children by arrangement with us. Please email [email protected] to set up a sharing arrangement.
- Annual or monthly memberships are available to purchase via our website or mobile app.
- Annual memberships are valid for 365 days from the date of the first visit after purchasing the membership.
- Monthly memberships are valid for 1 Month from the date of purchasing the membership.
- Annual or monthly memberships may be used for any regular scheduled yoga or Nia class at Kindred Studio, including virtual/online classes. Such passes are not valid for courses, workshops or other special events.
- Introductory offers and discounted monthly membership rates may be offered from time-to-time. Details of any such offers can be found on our website. Unless otherwise stated, introductory offers will be available to purchase once only by each client.
- We reserve the right to change our pricing at any time, however we will continue to honour any lifetime pricing memberships that are valid as at the date any price changes are announced. Please refer to our website for up-to-date pricing information.
- Memberships are not transferable and cannot be shared with any other person.
- Rolling monthly memberships that are on autopay (excluding any one-off monthly memberships or intro offers) will automatically be paused during the Christmas/New Year studio shut-down period, provided that this period is at least 2 weeks long.
PAUSING YOUR MEMBERSHIP
- If you are on a rolling membership with automatic payment, you may choose to pause your membership once in any 12 month period at no additional charge. The pause period must be for no less than 2 weeks, and no more than 6 months. You must give at least one month’s notice of your intention to pause your membership by emailing [email protected]
- If you wish to pause your rolling membership more than once in any 12 month period, you will be required to pay a $20 administration fee.
CANCELLING YOUR MEMBERSHIP
- You may cancel your rolling membership at any time. Cancellation will come into effect 28 days after you notify us of your intention to cancel. Please email [email protected] if you wish to cancel your membership.
- When you visit our website, we give you a limited licence to access and use our information for personal use.
- You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
- Except as permitted under the Copyright Act 1994 (NZ), 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.
- This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
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 trade marks, brands and logos 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.
- Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
LIMITATION OF LIABILITY
- To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.
- We accept no liability for any loss whatsoever including consequential loss or injury suffered by you arising from product/s or services we have supplied. In participating in any of the services offered by us, you accept that the instructor does not assume any responsibility for determining your medical fitness to participate in a class, nor do they assume any responsibility for any injuries to you, or loss of property by you in or about the premises.
- By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
- “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control. This includes, but is not limited to, any restriction on operation that is imposed by local or national authorities as a result of pandemic, natural disaster, or other significant event.
- If a Force Majeure event prevents us from operating the studio, we will endeavour to provide online classes to a similar schedule to our usual studio classes. Such online classes will be available to anyone with a valid Kindred membership. Refunds of existing memberships will not be given, however you may choose to pause or cancel your membership at any time, subject to providing 28 days notice.
- If a Force Majeure event causes the closure of the studio for more than 30 days, existing studio memberships (excluding virtual memberships) will be placed on hold. If you wish to access online classes, you will be able to purchase a discounted online membership. Your usual studio membership will be reactivated when the studio reopens, unless you request otherwise.
- These terms and conditions are to be governed by and construed in accordance with the laws of New Zealand and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New Zealand and you agree to submit to the jurisdiction of those Courts.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
- We undertake to only collect personal information from you that is necessary to enable us to provide our services to you. Such information is collected solely for the purposes of informing you about services and products we offer, and providing those services or products to you.
- We will take all due care with any information which you may provide to us to protect against unauthorised loss, access, use, modification, disclosure or other misuse of your personal information. 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 to take reasonable steps to preserve such information in a secure manner.
You are entitled to request confirmation of whether we hold any personal information about you, and request access to any such personal information about you. You are entitled to request correction of any personal information we hold about you. Such requests should be emailed to: [email protected]. We will endeavour to respond to any such request as soon as reasonably practicable.