General

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These terms and conditions (Terms) apply to the sale of all Goods and supply of all Services by us.

 

By ordering Goods or using our Services you agree to and accept these Terms and expressly acknowledge that all Goods and Services we provide to you are on the basis of these Terms.

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Definitions

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In these Terms:

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CGA means the Consumer Guarantees Act 1993.

 

Goods means the goods we supply to you.

 

MIN Yoga Pilates, We or Us refers to P&M Bowe Limited trading as MIN Yoga Pilates and its successors and assigns.

 

Order means any order for Goods and/or Services you place with us.

 

Services means all services we supply to you, primarily being yoga and pilates classes (including memberships and any other services we agree to provide to you).

 

Studio means our premises at 40 Triton Drive, Rosedale, Auckland, 0637 or any other premises that we use to provide the Services.

 

You refers to the customer or any person acting on behalf of the customer.

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Orders

 

Details of the prices of our Goods and Services are available on our website (which is subject to alteration without notice) or as may be determined by MIN Yoga Pilates from time to time.

 

We will not be bound by clerical errors or omissions whether in computation or otherwise in any estimate, acknowledgment, invoice or any other written material and the same shall be subject to correction.

 

We may accept or refuse any Order at our absolute discretion for any reason and no Order is binding on us until we have confirmed its acceptance in writing.  On acceptance of your Order a contract to supply the Goods and/or Services shall come into force governed by these Terms.

 

Unless stated otherwise, prices are in New Zealand dollars and are inclusive of GST, other taxes and duties which may be applicable and any delivery and freight costs.

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Payment

 

We will provide a GST invoice to you in respect of any Goods and/or Services purchased from us.

 

Payment for Goods and Services shall be made by you at the time of your Order.  Time for payment shall be of the essence.  Please make payment in accordance with the payment instructions on our website.

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Services

 

Classes at MIN Yoga Pilates start and finish on time.  No one is allowed to start class late and no one is allowed to leave class early.

 

If it is your first class, please arrive 15 minutes before the scheduled start time.  You will need enough time to set up an account with us and get settled into the yoga room.

 

Our Intro offers are only available for new members and can only be purchased once.  Our intro card, annual card, monthly card and season card members are limited to 1 class per day.

 

All cards sold are transferable and non-refundable.  If you wish to transfer your card please contact us.  We charge a transfer fee of $50.

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Delivery of Goods

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We only deliver to physical addresses in New Zealand and not to PO boxes or private mail bags.

 

We will inform you after we have shipped your Goods and provide you with an estimated delivery date.  Whilst we make every effort to deliver the Goods on any dates stated to you these dates are estimates only.

 

Delivery shall be made to the delivery address specified by you.  You shall make all arrangements necessary to accept delivery of the Goods.  We may assume that any person accepting delivery of the Goods is authorised to do so on your behalf.  If there is no one present at the delivery address to take delivery you shall be responsible for our costs of redelivery.

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Returns

 

We will replace or refund any Goods in accordance with the CGA if the Goods do not meet the standards set out in the CGA (see above) or as otherwise required by law.

 

Goods must be returned and inspected with proof of purchase before we will provide any repair, replacement or refund.

 

Any refund will be credited to the card used to purchase the Goods. 

 

We do not provide refunds or replacements for change of mind.

 

Cancellation

 

If you cannot make a class you have booked, you must cancel your class in accordance with the cancellation policy below

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Late Cancellations

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• Cancellation window: 24 hours before the advertised class start time

• Late cancel penalty

  • Pass members: first time = waived, and recurring lose one pass

  • Monthly membership members: first 2 times = waived; and recurring deduct 1 day per penalty.

No Shows

• Pass members: first time = waived, and recurring lose one pass

• Monthly membership members: first 2 times = waived; and recurring deduct 1 day per penalty.

Late Entry

• Late entry is strongly discouraged. The door will be locked 3 minutes after the advertised class start time.

• Being late over 5 minutes will be regarded as a no show and no show penalties (as per above) will apply.

 

We may cancel these Terms or cancel delivery of Goods and/or supply of the Services at any time before the Goods are delivered or the Services are carried out by giving written notice to you.  On giving such notice, we shall promptly repay to you any sums paid in respect of the price for those Goods and/or Services.  We shall not be liable for any loss or damage arising from the cancellation.

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Studio Rules

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You agree to comply with MIN Yoga Pilates’s rules in place and as advised by MIN Yoga Pilates from time to time.

 

MIN Yoga Pilates reserves the right to ask you to leave the Studio if any of your activities or behaviour is considered by MIN Yoga Pilates to be illegal, offensive, dangerous or disruptive to any person.

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Health and Safety

 

You must, at the time of registering and whenever using our Studio and Services, be in good health and have no disability, impairment, injury, disease or ailment preventing you from engaging in active or passive exercise or which would cause increased risk of injury or adverse health consequences as a result of use of our facilities or Services.

 

You acknowledge that our Services may involve intense physical exercise and you accept that it is your sole responsibility to ensure that you are able to participate in our classes and assess your own limitations.  If you have an injury that may prevent full participation you should discuss this with the instructor before the class begins.

 

Any advice from our instructors does not constitute medical advice and we strongly recommend that you consult a qualified healthcare professional prior to commencing a class if you have any concerns about your health or wellbeing.

 

You are required to follow the instructions of our instructors at all times during the class.  You may not train or coach other users of our Services or offer to do so.

 

Proper athletic attire must be worn when visiting our Studio and using our Services.  We recommend wearing comfortable and stretchy cotton exercise clothing.  Beginners should wear long sleeved tops and knee-length pants.  We reserve the right to refuse you access to our Studio if you are not wearing appropriate clothes.

 

Long sleeve tops must be worn for all aerial classes and non-slip socks must be worn for all core bed classes.

 

We recommend that you do not eat lots of food one hour before class unless you have low blood sugar, in which case only small quantities of easily digestible food should be eaten.

 

Smoking is not permitted in our facilities.

 

If you have the following medical conditions you should not practise aerial yoga:

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• Pregnancy;

• Glaucoma;

• Recent surgery (especially shoulders, eyes, backs, buttocks, hands, wrists etc.);

• Heart failure;

• Low or High blood pressure;

• Seizure prone vertigo;

• Osteoporosis;

• Recent head injuries (especially car accidents);

• Syncope;

• Carpal tunnel syndrome;

• Severe arthritis;

• Sinusitis;

• Inner ear problems;

• Hiatal hernia;

• Severe disc herniation;

• Stroke;

• Cerebral arteriosclerosis;

• Botox injections (within 6 hours); or

• Plastic surgery (within 3 months).

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You undertake to us that by booking a class at our Studio you have considered the above medical conditions and do not have any of them or any other illness, injury or medical condition which may impact on your ability to participate in our classes.

 

You acknowledge that our instructors may use tactile cueing and adjustment methods, or make physical contact with you for correction purposes in order to ensure that your practice is undertaken in accordance with proper practice methods to maintain a safe pilates and/or yoga experience for you.

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Studio Security

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Your safety and security is important to us.  That is why we have CCTV cameras in operation at our Studio 24/7 to protect your safety, the safety of your belongings and the security of our Studio.

 

By using our Services you consent to being filmed at our Studio.

 

Any personal belongings brought into our Studio are at your own risk and we do not accept liability for loss or damage to those items whatsoever.  As such, we recommend that you refrain from bring any valuable personal items into the Studio and only bring into our Studio such items which are absolutely necessary to bring with you during your visit.

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Breach of these Terms

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MIN Yoga Pilates can at any time terminate your contract or membership immediately by giving notice in writing if you:

 

• Breach any of these Terms;

• Breach any of MIN Yoga Pilates’s rules;

• Carry out criminal, offensive, dangerous or disruptive activities at the Studio;

• Behave in such a manner at the Studio as may, in our opinion, be incompatible with continued membership at MIN Yoga Pilates; and

• We consider you to be medically unfit to continue membership at MIN Yoga Pilates.

• On termination you must pay all outstanding fees due to us.

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Warranties

Where you order Goods as a consumer the CGA sets out minimum standards for the Goods.  We provide the following guarantees in accordance with and as further set out in the CGA:

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• We have the right to sell the Goods to you;

• The Goods are free of any undisclosed security;

• You have the right to undisturbed possession of the Goods;

• The Goods are of acceptable quality;

• The Goods are reasonably fit for the intended purpose made known to us or represented by us;

• The Goods match the sample and / or description.

 

We will also comply with our obligations under the Fair Trading Act 1986 (FTA).  The FTA is designed to protect customers from being misled, either intentionally or unintentionally. This applies to all aspects of the promotion and sale of goods and services including: pricing, where the product was made, where the product is from, the meeting of New Zealand safety standards, the availability of products and the sales techniques used.

 

Apart from any express warranties provided by us in relation to particular Goods or any implied warranties imposed under the CGA or any other applicable legislation, we make no representations and give no assurances, warranties or guarantees to you in relation to the Goods.  To the maximum extent permitted by law, any warranty or guarantee implied by law, custom or practice is excluded.

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Liability

 

Without limiting our obligations and your rights under the Act and to the extent permitted by law, MIN Yoga Pilates:

 

• Will not be liable to you for any direct, indirect or consequential loss, damage or injury of any kind to you or your property;

• Does not make any representations and gives no assurances, conditions or warranties of any kind to you (including any assurance, condition or warranty implied by law to the extent that the assurance, condition or warranty can be excluded) in relation to the Goods and Services and accepts no liability for any assurance, condition, warranty, representation, statement or term not expressly set out in these Terms; and

• Will not be obliged to give you any refund if you terminate the Services.

 

To the maximum extent permitted by law, regardless of the legal basis of any claim, our maximum liability to you under any circumstances is limited to a sum not exceeding the invoiced value of the Goods or Services in relation to which the claim relates.

 

Nothing in these Terms and Conditions is intended to limit or exclude any liability that cannot be excluded by law.

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You acknowledge that our agents and/or representatives (if any) are not authorised to make any representations, statements, conditions or agreements which aren’t expressly referred to in these Terms and if there are any made you are only entitled to rely on them if they are confirmed in writing by us.

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Privacy

 

The use of your personal information is governed by our separate Privacy Policy.

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General

 

Except as provided in clause 5.4 you may not assign or transfer any of your rights and obligations under these Terms.

 

We will not be liable  under these Terms if and to the extent that our failure or omission to carry out or observe any provisions of these Terms arises by reason of any default due to any act of God, terrorism, war, strike, lock out, industrial action, flood, storm, epidemic, pandemic, accident, power outage, delay in supply of materials or unavailability of materials, war, or the introduction of any law, order or regulation of any governmental agency or other event beyond our reasonable control.

 

Failure or delay to exercise or enforce any right we have under these Terms shall not operate as a waiver of our right to exercise or enforce such right or any other right in the future.

 

We reserve the right to review these Terms at any time and from time to time.  If there is any change to the Terms, that change will take effect from the date on which we notify you or post the change on our website.

 

If any of these Terms shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

 

These Terms are governed by the laws of New Zealand and the parties agree to submit to the exclusive jurisdiction of the New Zealand Courts.

 

In the event that there is conflict between the meaning and/or interpretation of the English version and the Chinese Version of these Terms, then the English version shall apply in all respects.