GENERAL TERMS AND CONDITIONS OF SERVICE – 2020
By using this website or products or services provided by Dorothee Marossero, you agree to these General Terms and Conditions of Service 2020 (TC’s)
Your use of an access to the website and any services or products provided by Dorothee Marossero is conditional upon your acceptance of and compliance with these TC’s.
You warrant that you are at least 18 years old and have the right to enter into a legally binding contract. If you are under the age of 18 years written consent from a parent or guardian is required.
CONDITIONS OF USE OF THIS SITE AND PRODUCTS AND SERVICES
Medical and Health Disclaimer
You should obtain advice from a qualified medical, health or other professional person before relying on the contents of information on this website or any products or services provided by Dorothee Marossero as to determine their suitability for use by you. Dorothee Marossero is not a medical professional and does not give, or purport to give, any medical diagnosis or advice. Nor should anything contained in this website or any products or services provided by Dorothee Marossero be construed as medical advice or diagnosis. The products and services offered on this website are for information and educational purposes only.
You are recommended to obtain advice from an accredited medical professional before you undertake any course/program, especially for:
individuals who are pregnant, are breastfeeding, or trying to conceive a child.
individuals with any ongoing physical condition including:
cancer or any other long term illness;
liver disease, kidney disease or renal failure;
diabetes, blood pressure or cholesterol issues.
individuals who are recovering from recent illness or injury; and
individuals with a low body mass index.
If you possess one or more of these conditions and still wish to undertake the course/program we require a letter from your medical practitioner stating you are capable of participating.
Disclaimers and Warranties
The disclaimers and warranties set out below form part of these TC’s in relation to all information and content on this website and all products and services provided by Dorothee Marossero.
All is provided on an “as is” and “as available” basis without any warranties of any kind (express or implied). Dorothee Marossero does not make any warranties:
that the website will be error free or uninterrupted;
that any file downloaded from the website is free of any virus or contamination or destructive features or that receipt of emails or other communication via the internet such as Facebook, Twitter etc;
as to the merchantability and fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement of any product, service or publication on this website, or one that is able to be accessed through any link on this website;
that a particular result or benefit will be achieved by using any of the information, products or services available through the website or as provided by Dorothee Marossero. You acknowledge that results may vary from person to person and that you are using the information, products and services at your own risk;
that any information provided is current, accurate, correct or reliable, although all is provided in good faith and is believed to be accurate as at the date of publication. You acknowledge that it may be updated from time to time and that products or services may be mispriced, described inaccurately, or be unavailable. This applies to all content, information or material contained on this website or that can be accessed through any link on this website.
Dorothee Marossero reserves the right to change or update information and prices, correct errors, inaccuracies or omissions at any time without prior notice to you.
Third Party Content and Links
These TC’s only apply to this website and products and services provided by Dorothee Marossero, or third party users of Dorothee Marossero’s website and social media forums, may provide links to other websites or resources via Dorothee Marossero’s website or social media forums. Dorothee Marossero has no control over these third party sites, content, products or services. You should read the terms and conditions, privacy policies and guidelines of any other website or product or service before using it. You acknowledge and agree that Dorothee Marossero does not endorse (and is not responsible or liable for) any third party’s website, content, products, services or anything related to them. You further acknowledge and agree that under no circumstances will Dorothee Marossero be held responsible or liable, whether directly or indirectly, for any loss or damage that you suffer, or allegedly suffer, in connection with your use or reliance on the website, content, products or services available on any other website or from any third party, or the actions or failure to act of any third parties who are referenced on the Dorothee Marossero website.
LIMITATION OF LIABILITY
Indirect and Consequential Loss
To the extent permitted by law in no event will Dorothee Marossero (or her employees, agents or subcontractors) be liable to you for any indirect, special or incidental, punitive, exemplary or consequential loss, costs expenses or damages (including loss of revenue, data, profits or opportunity whether directly or indirectly), suffered or incurred by you and arising out of or in connection with your access to or use of the website, any linked website, your reliance on any information on the website or use of products or services available on it, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute or any other basis of liability.
To the extent permitted by law, Dorothee Marossero’s total liability in respect of all claims in connection with use of this website, or products and services provided by Dorothee Marossero or any agreement with Dorothee Marossero (whether based in negligence, or any other tort, contract, statutory liability or otherwise) will be the total sum of all fees paid or payable by you (up to and including the date the cause of action accrued).
The limitation of liability set out above does not attempt or purport to exclude liability arising under statute if, and to the extent that, such liability cannot be lawfully excluded.
You agree to indemnify Dorothee Marossero and any employees, agents and subcontractors from and against any third party claims and all losses, expenses, damages and costs (including reasonable legal fees incurred on a Solicitor/Client basis) suffered or incurred by us, which arises as a result of your breach of these TC’s.
This website (including content, material, recipes, exercise programs, logos and video) are owned by Dorothee Marossero and remain the exclusive property of Dorothee Marossero and her licensors. Nothing in the website should be interpreted as granting any right to commercial use or distribution of or transfer of intellectual property rights from Dorothee Marossero to you of same without Dorothee Marossero’s express, written consent.
Personal Information Collection Notice
In using the website or any products or services provided by Dorothee Marossero, you may be required to provide certain personal information in which you have certain rights. Your personal information that Dorothee Marossero may collect, use and disclose, may include sensitive information relating to your health, age, height and weight and how you pay for Dorothee Marossero’s products and services. This information is required in order for Dorothee Marossero to provide you with the products and services.
You always have the right to request Dorothee Marossero to delete or correct information held about you.
Yoga Studio terms and conditions
Please read through the terms and conditions on our website thoroughly before enrolling. When enrolling as a student of Dorothee Marossero (yoga business called DottYoga), in Tingalpa, 87 Castlerea Street QLD 4173 or for online classes, you agree to the terms and conditions as laid out on the DottYoga website www.dottyoga.com.
While we endeavour to deliver all our classes on time and as advertised, classes are subject to change or cancellation without notice. DottYoga is not liable to refund, transfer or offer compensation of any kind for classes that are late, changed or cancelled for any reason.
Please arrive at least 5 minutes before class as late entry or log-in (for online classes) is discouraged and cannot be guaranteed.
DottYoga is not responsible for the safekeeping of your belongings.
DottYoga has the right to refuse entry at anytime.
Bookings are to be made via DottYoga website, or manually by contacting DottYoga.
To book into a class you must either have credits in your account, pay at the time of booking or be part of one of the Fearlessly Yourself Programs/packages. If class payment is required, it must be made upon booking.
You agree that you have been examined by a qualified medical practitioner within the past six months and have been found by such practitioner to be in good physical health and physically able to perform all yoga exercises.
Classes at Dorothee Marossero / DottYoga may be physically strenuous and you voluntarily participate in them with full knowledge that there is risk of personal injury, property loss or death.
You will follow instructions given to you by Dorothee Marossero / DottYoga and you acknowledge that any failure to do so will be at your own risk and may cause injury.
DottYoga is in no way liable for any injury, loss of property or death resulting from attending our studio.
By booking into a class you automatically agree to the above terms & conditions.
Cancellation policy for yoga classes
Our cancellation policy is in place to ensure everyone has a chance to attend.
Class cancellations can be made via the DottYoga website, or by contacting Dorothee Marossero / DottYoga directly via email or phone.
Class cancellations can be made up to 2 hours before the class start time without incurring a fee.
Payment and Refunds
Payment is required before access and use of any Dorothee Marossero’s Program / service is granted. Dorothee Marossero reserves the right to terminate your access or not provide any product or service if your required payment is not made or any instalment payment due has not been paid on time.
All fees are non-cancellable and non-refundable.
If you have chosen a service that requires payment by instalments for a specified term you acknowledge that you are liable for all payments, until the end of the specified term and your account will continue to be debited until the end of the specified term.
When providing Dorothee Marossero with credit card, account or other personal financial details to make a payment, you warrant that you have given the legal right to use that credit card/ account to make purchases and the information that you are supplying is true, correct and complete.
We reserve the right to refuse or cancel any order at any time for any reason, including but not limited to product or service availability, errors in the description or price, any other error in your order, or for fraud or unauthorised or illegal transactions, whether actual or suspected.
Severance & Termination
We may terminate or suspend your access to this website or any product or service immediately, without prior notice, for any reason, including if you are in breach of these TC’s. Dorothee Marossero is not liable to you or any third party for any claims or damages arising out of any termination.
If a provision of these TC’s is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other terms.
If you do not agree with any of the TC’s or any amendment, modification, or replacement you must stop using the website, product or service immediately. Your continued use of the website, or a product or service will constitute acceptance of these TC’s (and any amendment, modification or replacement from time to time) by you.
All terms which by their nature should survive termination, shall survive termination and expiry of any registration or membership or other agreement between you and Dorothee Marossero, including without limitation, the abovementioned clauses regarding warranty disclaimers, indemnity and limitation of liability.
These TC’s are governed by the law of the Commonwealth of Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction.
If you have any questions regarding this TC’s please contact Dorothee Marossero at email@example.com.