Zenergy 4 Life

Terms & Conditions

 

Information published on this website is intended to provide general information only. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advices, services and any other information provided on this website. “Zenergy 4 Life” does not and cannot warrant the currency or accuracy of the information contained at this site and accepts no responsibility for any loss or damages resulting from reference to the information contained on this site.

 

The information on this website is provided on the basis that all persons accessing the website undertake the responsibility for assessing the accuracy of its content and that you rely on it entirely at your own risk. While we have found the information contained on our website to be beneficial in our pursuit of a healthy balanced life, the content is in no way intended to replace medical advice.

 

It is always best to consult your health care professional before commencing any new exercise program or undertaking any dietary adjustment.

 

Client Terms of Service

Website Terms of Use 

Disclaimer

Information published on this Website (zenergy4life.com.au) is intended to provide general information only. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and any other information provided on this Website. “Zenergy 4 Life” does not and cannot warrant the currency or accuracy of the information contained at this site and accepts no responsibility for any loss or damages resulting from reference to the information contained on this Website. 

 

The information on this Website is provided on the basis that all persons accessing the Website undertake the responsibility for assessing the accuracy of its content and that you rely on it entirely at your own risk. While we have found the information contained on our Website to be beneficial in our pursuit of a healthy balanced life, the content is in no way intended to replace medical advice. 

 

It is always best to consult your health care professional before commencing any new exercise program or undertaking any dietary adjustment.

We are not responsible to you or anyone else for any loss suggested in connection with the use of this Website or any of the content. This includes, but is not limited to, the transmission of any computer virus, temporary interruptions to using our services arising from factors outside of our control (e.g. traffic congestion or problems from downloading third party content). We exclude, to the maximum extent permitted by law, any liability that may arise as a result of use of our services, this Website, its content or the information posted on or through it.

Third Party Links

This Website may include links to third-party websites and services to which we have no control. We have not reviewed such other websites or services and do not warrant the accuracy of their content, services or products. We provide the links for convenience only and such link may not work, further, the link does not imply endorsement, sponsorship or any relationship with the other website or service. Use of their websites and clicking on those links is at your sole risk. Any personal information shared is in accordance with our Privacy Policy.

 

Intellectual Property of Content on this Website

We include documents, videos, photographs, images, know-how, audio and files as part of our Website, Services and marketing activities that may be emailed, shared on social media or hosted on a third party platform this includes the compilation, layout, look and feel of our Website (“Materials”). 

The trademarks, logos, service marks and trade names (collectively “Trademarks”) displayed on Materials are unregistered Trademarks of Zenergy or other parties (for example, DoTerra) and may not be used unless expressly agreed by the trademark owner. 

Both the Materials and Trademarks are owned by Zenergy unless otherwise stated and referenced according to our license with such owner. The Materials and Trademarks are protected by law and any use not expressly agreed in writing is strictly prohibited. 


Your Use of Our Content 

You may only access and use the Material that is available for non-commercial and personal use. None of the Materials, Services or any part of it may be reproduced elsewhere. This includes any materials provided during coaching services, workshops and retreats. 

 

Your personal and non-commercial use does not preclude the condition to keep the Trademark on any Material downloaded to identify the Material’s origin. Your misuse of any Trademark is strictly prohibited. Any distribution or copying outside of this specified use is a breach of copyright and in pursuit of such a breach. All rights are reserved by Zenergy. You will fully indemnify us in the event of your breach of our intellectual property rights. 

 

If you seek to reproduce or use the material not owned by us in any way, then it is your responsibility to obtain approval for such use where necessary.

 

Please do not use our Trademarks, Materials or our content without obtaining our express written permission from us first. If you wish to use any of our Materials, please contact us at info@zenergy4life.com.au before any use.  We will only agree to use in writing. This includes social media shares and reposting where we will provide relevant handles, hashtags and credits that you must include. 

 

Any agreement for reposting or sharing is not a grant of a trademark or copyright license for use for such shared Material. It is a condition of your use that you may not remove any copyright or trademark notices on any Material and that credits are provided as requested. We reserve the right to charge for reuse or sharing.

User-Generated Content - Facebook Group For Clients

Our Services include the ability for you to share your own content (written, images and videos) with our other Clients via our Facebook Group. You agree to only submit content that follows the Posting Rules in the Facebook Group that form part of these Service Terms. Any breach of these rules or terms may result in immediate termination of your access to our Services without compensation. 

You acknowledge that content posted by other clients contains opinions and personal experience and is not advice or any representation of Zenergy or our Services. 

  1. Be Kind and Courteous

We are all in this together to create a welcoming environment. Let’s treat everyone with respect. healthy debates are natural but kindness is required.

  2. No Hate Speech or Bullying

Make sure that everyone feels safe. Bullying or harassment of any kind is not allowed. This includes degrading comments about things like race, religion, culture, sexual orientation, gender or identity will not be tolerated. 

  3. Respect Everyone’s Privacy

Being a part of this group requires mutual trust. Authentic, expressive discussions make groups great but may also be sensitive and private. What is shared in the group stays in the group. 

 

Your Content Submissions

You may submit, post and/or upload content including comments and pictures) to the Facebook Page. In posting your content to our services, you confirm to us that you are the owner of the content or have the express from the owner to post the content, and it does not violate any privacy rights, copyright or other intellectual property rights, contract rights or any other rights of any person or legal entity. 

If it is not your content, you must receive their permission in writing before you repost. The owner may charge for the repost and require credit for their work. 

We will contact you if we wish to use any of the posts in the Facebook group. If you consent we will be permitted to share the content in the marketing of our Services. 

We reserve the right to remove your content, at any time and for any reason, in accordance with our Posting Rules. You warrant that you have read and agree to the Posting Rules which are incorporated in these terms of use and govern all interactions with users. 

Jurisdiction And Governance

These Website and Service Terms are governed by the laws of Queensland, Australia. Your use of the Website or use of our Services is an agreement to submit to the exclusive jurisdiction of the courts of Queensland, Australia in the event of any dispute. 

The Website, Services and Zenergy 4 Life are located in Queensland, Australia and in case of any cross-border orders these Website and Service Terms shall be construed as being performed in Queensland, Australia. 

Client Terms of Sale 

We are Zenergy 4 Life a sole practitioner with registered business number 97 091 789 147 registered at PO BOX 5293, Gold Coast, MC 9726, Gold Coast, QLD, Australia.

 

Our Services

We provide holistic health coaching services including yoga, meditation, nutrition, essential oils to the general public via our website, in person at locations around the Gold Coast, mobile service delivery and online including any information, audio and/or audio-visual content, photos, articles, online and in-person lessons, talks, retreats, workshops, classes, packages, programs and courses and other services ordered and/or provided by us in any means including but not limited to our website at https://www.zenergy4life.com.au/ and any and all our third party contractors, employees or authorised agents, and all services offered as part of our brand. This includes but is not limited to free, paid-for content and coaching, teaching or consulting services provided by us.   

Any electronic information or any paid services whether in-person or digital supplied to you by Zenergy 4 Life will constitute part of ‘Service’ and not a product. Any cancellation rights will apply and be interpreted accordingly as a Service under the Australian Consumer Law, Fair Trading Act 1989 and Trade Practices Act 1974 (“Consumer Laws”).  

 

These terms include our Privacy Policy, Website Terms, Cookies Policy, Health Form and Waiver. 

Your Wellbeing 

These terms and conditions apply for the use of our Services between Us and you as an individual who participated in our classes (paid or unpaid) and/or purchased (including free or paid for) of any of our Services sold on or off our Website (“Client”). 

Please read these terms and conditions carefully. Your use of our Services is your acceptance of these terms. If you do not accept the Service Terms, you must discontinue use of the Services immediately.  

Before you can attend any Services with us you must complete the Health Form and Waiver found here and all its terms are included in these Service Terms. If you have any medical conditions not suitable for any of our services, then you may be refused to take part in the Service without a medical certificate presented before attendance. These include: 

  • Currently have either diabetes, epilepsy, arthritis, 

  • Surgery in the past 12 months. 

  • A heart condition where a doctor recommended only medically supervised activity. 

  • Loss of consciousness or fall over as a result of dizziness.

  • Bone or joint problems that could be aggravated by the proposed activity.

  • Been recommended medication for your blood pressure or a heart condition.

  • Any other advice or reason why you should not exercise without medical supervision. 

  • Currently pregnant or were pregnant in the last six (6) months. 

You acknowledge that your wellbeing is your responsibility. Whilst we can make suggestions you have the insight as to what feels best for your body. You agree that if anything feels painful, distressing or dangerous that you will cease and inform us immediately. 

When practicing online you are solely responsible for your space and ensuring that you do not damage yourself, property or others during participation in our Services. 

The Service provided has recognition as a safe practice, however, there are always some risks associated with any sort of treatment. No claim is made about the efficacy of the Service provided. This Service is designed to complement other professional advice for diagnosed conditions and general wellbeing. You agree that you have been advised of the risks associated with the Service and consent to undergo treatment.

Booking services 

To book your appointments with us please email info@zenergy4life.com.au or use the booking form on the website with your preferred time and day. Our calendars are busy, and we will accommodate your request balancing the needs of all our customers. 

 

Accessing our services 

We may introduce an automated online booking process to schedule classes, appointments and join events. This will require you to register and create an account. You agree that you will keep your username and password confidential and will not share this information with any third party. You also agree not to register multiple email addresses. We may terminate your access to our Services if you violate these terms, or are engaged in illegal or fraudulent use of our Services. 

Cancellations

 

We get that things happen, and you may need to cancel your class. To cancel or reschedule your class please text 0408 472 002. 

When you book your class, you hold a space in our calendar that is no longer available to our other clients. In order to be respectful of our other clients, please contact us as soon as possible if you know that you cannot make your class. If cancellation is necessary, then your advanced notice gives other clients the opportunity to book. Changes outside of our cancellation policy are at our sole discretion. 

A ‘late cancellation’ is when the class is cancelled less than 24 hours before the appointed time. A no-show is when you miss a class without cancelling. In either case, you will pay the full price for the class or private session. 

You can cancel the class at any time outside of the late cancellation period and use the credit to reschedule provided that it is used within the paid package period. 

Cancelling Workshops and Retreats

Day Only Events: We have limited space and many of our workshops and day retreats sell out. For this reason, we request that you cancel at least 3 days before your scheduled event. This allows us to offer the spot to someone else. If you do not cancel with at least 3 days notice, you will lose any payment made. 

Overnight Retreats: All overnight retreats are subject to the venue’s cancellation terms. These will be notified with the specific terms of the retreat. 

If We Cancel 

If for some reason we have to cancel your class or private session, we will transfer your credit to another class unless you ask us to refund you instead. Such requests must be made to us via email to infor@zenergy4life.com.au 

Retreats: In the event that we cancel the Retreat for whatsoever reason and at our sole discretion, you will be offered:

(i) an equivalent value from our other services to be used within 12 months; or

(ii) credit of the value paid towards an alternative retreat with us within the next 12 months, if available; or

(iii) a prompt and full refund of all retreat price monies paid to us prior to the date of our cancellation email to you. 

We cannot guarantee any refund to you of any monies paid (partial or full) for a cancellation under this clause. You acknowledge that we will not be liable to pay you any money in these circumstances. We will not be liable for any and all direct or indirect losses or costs (including without limitation flights, additional accommodation and travel to the Retreat that you may have booked) incurred due to this cancellation. It is your responsibility to ensure that you have travel insurance to cover such a cancellation, and/ or transferable or cancellable bookings.

 

Force Majeure Cancellation: We shall not be liable for any and all loss, damage or expense and shall not be required to provide any assistance, financial or otherwise, or provide any part or full refund, in the event of change or cancellation of part or all of the Retreat caused by force majeure circumstances including (without limitation) war or threat of war, riots, terrorist activity, civil strife or unrest, strikes or other industrial action, natural disasters, fire, technical problems with transportation, airport closures, quarantine, pandemics, epidemics, adverse weather conditions, government action or other events beyond the control of us.

This section does not affect your rights under Consumer Laws to cancel a service where it is:

  1. Provided to unacceptable skill or level,

  2. Unfit for the purpose that you asked for, or 

  3. Not delivered within a reasonable timeframe where there is no agreed end date. 

Third Party Internet Service Providers 

Where our Services are provided using third party software and internet capability. Please be aware that there may be instances where internet connection or software developments delay or cause a session to be cancelled. We shall endeavour to rearrange your appointment at a suitable time with you within the next month of the postponed date. 

Zenergy will not be liable for any loss incurred by you whether direct or indirect as a result of any failure to connect to the Services including any consequential or financial loss arising from such failure. 

Payment 

You must pay the amount due for the Service as stated for each specific service in full and prepaid (the “Fee(s)”). You can pay your Fee for your Service via Square or cash. We accept payment with credit card, cash, Paypal or bank transfer. Any Fee may be changed by us at any time and we will notify you of such change. You must pay the Fee including any taxes, levies or duties payable in respect of such services. 

Refunds

Private, Classes, Workshops and Day Retreats

If for some reason you are unable to attend all of your classes purchased for the duration of your pack or longer, please contact us at info@zenergy4life.com.au to see if we can extend your pack.

In the event that you change your mind about the Service due to dissatisfaction with the quality of service, please contact us to discuss. Any agreed refund is at our sole discretion and will consider the circumstances of the request. Any approved refund by us will be returned via the payment method you used to purchase. We may request bank details for any bank transfers.

 

Overnight Retreat Refunds

All refunds relating to our overnight retreats are at our sole discretion and follow the approach set out in the ‘Cancellation’ clause. Please check the timeframes or specific overnight retreat terms before requesting a refund. 

Statutory Rights

The rights of cancellation and refund and any limitation expressed in these Service Terms do not affect your statutory rights as a consumer. Refunds in relation to Services may only be credited to the credit or debit card originally used to make the purchase. If we are unable to put the refund through on this card for any reason, we will try to contact you to discuss alternative arrangements. 

Termination of Service

Zenergy 4 Life reserves the right to terminate your access to the Services, our Website and any Materials: 

 

(i) at any time without notice at our sole discretion;

(ii) with 48 hours written notice to you,

(iii) in the event that you become bankrupt or insolvent. 

 

You shall remain liable for the total sums due to us through the termination period. 

 

We may terminate your access to the Services if we consider a breach of any Service Terms, the Website Terms of Use, Privacy Policy, in violation of any applicable law or regulation, or may cause potential harm to Zenergy, staff, the Website users or our clients. 

Advertising

The Services may contain advertisements. The inclusion of advertisements in the Service does not imply endorsement of the advertised products or services. Zenergy 4 Life shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements in the Services. Your data is handled in accordance with our Privacy policy. 

 

Image and Privacy Policy 

Usage of your personal information is governed by Privacy Policy, which forms part of these Service Terms. In the event that Zenergy 4 Life undergoes reorganisation, becomes incorporated or is sold to a third party, you agree that any personal information Zenergy 4 Life holds about you may be transferred to that reorganised entity or third party and used in accordance with the Privacy Policy.

Our Privacy Policy sets out how your personal data may be shared with third parties, including operators of our Services to you. Your payment for Services is acceptance of our Privacy Policy. 

Our Communications with You

Our communications are governed by our Privacy Policy. Any information sent to us via email or through the Website is not secure and is done so on a non-confidential basis. 

We send an email every month with offers of workshops and events and social media posts. You can update your preferences or unsubscribe at any time using the email signup boxes that will take you to your preferences. Subscribe to our email list via the website form. 

We may send reminders about your services with us. You can update your preferences for reminders at any time by contacting us at info@zenergy4life.com.au  

 

Disclaimer

Not Medical Advice

Nothing contained on our Services or in connection with our Services constitutes medical advice, diagnosis or treatment. It is your responsibility to obtain advice to your specific needs and suitability for you to undertake any physical activity, meditation, breathwork, dietary needs or essential oil uses and other services recommended or offered on or through our Services. You attempt to do any exercise solely at your own risk. 

 

All our materials in our Services may not reflect the most up-to-date current industry developments and are provided “as is” without any representations, guarantees or warranty of any kind. We disclaim all liability in respect to actions taken or not taken based on any or all of our Services. 

Liability

Zenergy 4 Life uses reasonable care and skill expected of a holistic health practice related to the Services offered. Zenergy 4 Life will not be liable for any actions or omissions by you arising from or as a result of use of the content, Materials or the Services, to the maximum extent permitted by law this includes for any personal injury, death or damage to property whether arising in contract, negligence, statutory or other law including any indirect, incidental, special or consequential loss suffered by you.

Where liability cannot be excluded, any liability incurred by Zenergy 4 Life in relation to the use of the Services or the Materials is limited to the extent provided for by Consumer Law. 

Zenergy 4 life makes no warranties or representations whether express or implied relating to or about the Services, Materials or any of the content discussed or provided to you. 

Zenergy 4 Life will not be liable to you for damages or losses or inconvenience sustained by you in respect of:

a) any of your personal property that is damaged, lost or before, during or after the Services; or

b) personal injury, death or to damage to property, arising from your own activities that you undertake that are not included in the Services. Where the Retreat Package states “optional extras” or “other activities” these are not part of the Retreat Package sold to you.

Your claim for any such damage, injury and / or loss shall be direct to your travel insurance or the retreat venue or third party.

Indemity

You agree to defend and hold harmless Zenergy 4 life and its independent contractors, harmless from any claims, liabilities, damages, costs, and expenses, including reasonable legal fees, arising in any way from your use of the Services and Materials, your breach or violation of the law, these Service Terms. 

 

Complaints

In the unlikely event that you wish to complain about any aspect of our Service you should contact us at info@zenergy4life.com.au  as soon as possible, in order to try and resolve the matter on the spot. 

Amendments to Terms of Service

 

We may modify the Service Terms from time to time, and such modification shall be effective upon its posting on the Website or linking it to your email correspondence with us. You agree to be bound by any modification to the Service Terms when you use the Services after any such modification is posted; it is therefore important that you review the Service Terms regularly.

 

Version Dated: 8 December 2020