Humming Puppy™

MEMBERSHIP TERMS AND CONDITIONS

Before becoming a Humming Puppy member, it's important to carefully read and understand these terms and conditions. If you have any questions, please don't hesitate to ask us before agreeing to these terms. These terms supersede any previous agreements, so if you were told anything different, please discuss it with us before signing up. Our studios reserve the right to update these terms and conditions, so be sure to check back here for the most current information.

1. Membership agreement

By purchasing a membership or service from us, you acknowledge and agree to all the terms and conditions outlined in this agreement. This agreement constitutes a complete agreement between you and us. If any part of this agreement is deemed invalid or discontinued, the remaining parts will still remain valid.

It is important to note that if Humming Puppy doesn't enforce its rights under this agreement, that does not mean that we are waiving those rights. We reserve the right to enforce our rights under this agreement at any time.

2. Class Bookings and Cancellations

We highly recommend that you reserve your spot in our classes by pre-booking them online. Our booking schedule is open for 30 days in advance. Please note that if you pre-book a class and fail to attend it, you will be charged a late cancel/absent fee of $15 if you have an unlimited membership. If you are on a class package, you will forfeit the class. To avoid the late cancel/absent fee, you can cancel your booking up to 4 hours prior to the start of the class.

3. Introductory offers

- The introductory offer will remain valid for 12 months from the date of purchase. This offer is exclusive to one person only and cannot be transferred. Your introductory offer will activate when you book your first class. Kindly note that introductory passes cannot be suspended.

4. Class packs

Class packs cannot be transferred and will expire as indicated on the website. Extensions are not allowed.

6. Direct debit memberships

When you agree to a direct debit arrangement with us, your recurring payments will remain fixed at the agreed rate for a period of 12 months. Please note that the duration of this period may vary in the case of certain promotional memberships or purchases.

We reserve the right to increase your direct debit payments at any time. In such a case, we will notify you in writing at least one month before the new payment amount comes into effect.

Once your "initial" payment has been deducted, you can make advance bookings within our 30-day scheduling period while still on direct debit.

If you choose to pay with a credit card, please ensure that the name on the card matches the name on your account. Otherwise, the payment will be rejected.

We may charge reasonable administration fees for students whose payments fail on a regular basis.

We reserve the right to terminate direct debit memberships for students who do not respond to our correspondence regarding failed payments.

6.1 Termination of Membership

You have the option to cancel your contract anytime with a 14-day written notice to your regular studio. You can send this notice via email. However, please note that certain promotional memberships or purchases may extend the membership period beyond the 14-day notice period.

6.2 Membership suspensions

Please note the following information regarding the suspension of your membership:

You may suspend your membership for up to 3 months/90 days for all direct debit commitments, except for certain promotional memberships or purchases that may have different suspension periods or may not be eligible for suspension.

A minimum of 14 days' written notice must be given via email to your regular studio if you wish to suspend your membership.

Please be aware that suspending your account will change the date on which money is deducted from your bank account/credit card.

Reasonable administration charges may apply to all suspension requests.

It is your responsibility to ensure that your membership details are accurate and up to date, including all contact details and your nominated bank or credit card details for payments.

7. Access to the studios

Please take note of the following guidelines:

To attend our classes, members must be at least 14 years old. For students who are over 14 years old but under 18 years old, a signed consent form from a parent or legal guardian is required before attending classes. If you are under 18 years old, we recommend seeking medical advice before taking any classes to ensure that yoga is the right exercise for you.

Lockers are provided at our studios for your convenience, but please be aware that you use them at your own risk. Personal belongings should not be stored in lockers when you are not in the studio, and any lockers left locked overnight will have their contents removed.

Please wear appropriate attire for your classes and refrain from bringing shoes or glass water bottles into the shala.

Any items left behind will be kept in our lost property for up to 1 week, after which they will be donated to charity.

8. Use of studio facilities

Please keep in mind the following guidelines:

You are responsible for using our equipment and facilities with respect and care. If you are unsure about how to use any equipment, please seek assistance from a staff member.

We have the right to replace or remove any equipment as needed.

Our schedule of classes is subject to change or cancellation at our discretion, without prior notice.

We may temporarily close the studio for renovation or during holiday periods. 

9. Medical or physical conditions

As a condition of participating in our classes, it is your responsibility to inform us if you have any medical or physical conditions that may affect your practice. You should also ensure that you have obtained permission from your doctor or treating practitioner to participate in our classes. By agreeing to our terms, you are confirming that you do not have any medical or physical limitations that would prevent you from safely participating in our classes. If your medical or physical condition changes after joining, you must notify us immediately. Please note that we are not medical practitioners and cannot provide any advice on your medical condition or your ability to participate in our classes.

10. Release

Please acknowledge that you have agreed to the liability waiver provided to you when you first signed up for our studio. By practising with us, you acknowledge that there is a risk of minor and major injury, including soft tissue, broken bones, and joint injuries, and that you assume all risks associated with your practice. You agree to practise safely and ask for assistance when needed. Please note that we will not be responsible for any personal items that are damaged, lost, or stolen. Additionally, we are not liable for any parking fines you may incur while participating in class. Finally, you agree to be responsible for the cost of repairs or replacement of any equipment that you damage while using our equipment.

11. Violation of rules and regulations

We have the right to modify the terms and conditions stated above, as well as our policies, at any time. Any infringement of our terms gives us the authority to terminate your membership immediately at our discretion. We hold the right to deny entry to any individual, including members, to our studio or classes for any reason. Moreover, we may cancel, suspend or terminate memberships or access to the studio of any student who violates the above terms and conditions, without prior notice or warning.

12. Code of practise

We adhere to the VIC, NSW and NYS codes of practise if required a copy of the summary will be provided.

WEBSITE TERMS AND CONDITIONS

These terms and conditions apply to your use of the website at www.hummingpuppy.com (Website) provided by Humming Puppy Pty Ltd (ACN 168 223 489) (we, us or our), 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.

1. 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.

2. 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.

3. Intellectual property

(a) 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.

(b) 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.

4. 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.

5. Your material and conduct

(a) 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.

(b) You are prohibited from posting or transmitting to or from the Website any material:

(i) 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

(ii) for which you have not obtained all necessary licences and/or approvals; or

(iii) 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

(iv) 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).

(c) 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.

(d) You may not misuse the Website (including, without limitation, by hacking).

6. Cookies

(a) 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:

(i) your server address;

(ii) your top level domain name;

(iii) the date and time of access to the Website;

(iv) the pages accessed and documents downloaded;

(v) the previous web site visited; and

(vi) the type of browser software in use.

(b) We use this information for various purposes including statistical purposes, but in each case, the information collected cannot be used to identify you personally.

(c) You may be able to disable cookies on your web browser, but doing so may limit your ability to use the Website fully.

7. Disclaimer

(a) 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.

(b) 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.

8. Exclusion and limitation of our liability

(a) You expressly agree that use of this Website is at your sole risk.

(b) 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:

(i) all conditions and warranties implied by custom, the general law or statute, and for loss or damage suffered by you in connection with:

(A) 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

(B) 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

(ii) 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 clause 8(b)(i),

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.

(c) 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:

(i) in the case of goods supplied by us:

(A) the replacement of goods or the supply of equivalent goods;

(B) the repair of goods; or

(C) the refund of the price paid by you for goods; or

(ii) in the case of services supplied by us (including the provision or as part of the Website):

(A) the supply by us of the services again; or

(B) the refund of the price paid by you for the services.

9. Release and indemnity

You hereby:

(a) 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);

(b) 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

(c) 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:

(i) 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

(ii) any breach of any of these terms and conditions by you.

10. Website links

(a) 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.

(b) You may not create links to the Website without our prior written consent.

11. 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.

12. 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.

13. 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.