K-Kore Pty Ltd (“us”, “we”, or “our”) owns and operates the MegaMode website and the MegaMode Studio mobile application (the “Service”)
DEFINITIONS
In these Terms:
ACL means the Australian Consumer Law Schedule 2 of the Competition and Consumer Act 2010 (Cth) and its associated Regulations as amended;
Consumer is as defined in the ACL;
Goods means any goods supplied by MegaMode you;
MegaMode means K-Kore Pty Ltd (ACN 612 487 340)
In Writing means delivered to staff on our premises in person or by mail, or sent to our email;
Services means any services provided by MegaMode to you;
Terms means these Terms and Conditions; and
You means you, the person acquiring goods or services from MegaMode
IMPORTANT INFORMATION
The instruction offered by MegaMode is limited to that of Megaformer and heated training classes and I understand that these classes can involve intense physical activity.
I acknowledge that there are risks associated with participation in the activities and programs offered by MegaMode and I freely accept these risks.
I am not aware of any medical condition that would affect my ability to participate in the activities and programs offered by MegaMode and if I have any concerns about my medical condition I will consult with my physician before participating in the activities and programs offered by MegaMode.
I acknowledge that I will inform the instructor if I am pregnant before participating in any MegaMode class.
MegaMode does not take any responsibility for personal items brought into or left at its premises.
Memberships and class passes are not refundable or transferable unless otherwise agreed by MegaMode in writing.
CLASS BOOKING & CANCELLATION POLICY
To ensure you can attend your preferred classes you must pre-book using the online booking system available on our website, Mindbody Online site or mobile app (collectively known as the “Online Booking System”). This is required to make sure we have enough space available for each class. Otherwise, you may attend the studio prior to the scheduled start time for any class and join that class subject to availability and space at the sole discretion of the instructor.
Classes can be booked up to 4 weeks in advance via our Online Booking System.
Payment must be made at the time of booking. To book into a class you must either have an active membership or class package, or make a payment at the time of booking.
If you have booked into a class and wish to cancel your attendance, you must withdraw from the class through the Online Booking System. In order to cancel your attendance without penalty, you must remove yourself from the class using our Online Booking System up to 12 hours prior to the scheduled commencement time for the class (“Early Cancellation Window”).
We will not accept cancellations by phone, e-mail or any other method other than by using the Online Booking System.
Our classes sizes are small and often waitlisted, therefore we need to be very strict on our cancellation policy. If you need to cancel a class, the following cancellation fee structure will apply:
- Early cancel ($0):If you can no longer make your class, cancel your booking at least 12 hours before the class start time. You won’t forfeit the session, or pay a fee.
- Late cancel ($15):Change of plans? If you cancel within 12 hours of the class start time, you will forfeit the session, and may be charged a one-off cancellation fee of $15.
- No-show ($20):If you don’t cancel your class prior to the class start time and do not attend, you will forfeit your session and may be charged a one-off cancellation fee of $20.
LIABILITY
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that MegaMode is required to ensure that the recreational services it supplies to you:
— are rendered with due care and skill; and
— are reasonably fit for any purpose which you, either expressly or by implication, make known to us; and
— might reasonably be expected to achieve any result you have made known to us.Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, MegaMode is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form. NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the part of MegaMode. “Gross” negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
You accept that your use of the facilities provided by MegaMode studio is at your own risk and you acknowledge that the use of the facilities may involve risk or injury whether caused by you or another party. By accepting these Terms and Conditions you agree that MegaMode will not be liable for any personal injury suffered on or off our premises, or from using our facilities or equipment, unless due to the gross negligence of MegaMode.
Except as the Terms or the ACL specifically states, or as contained in any express warranty provided in relation to the goods or services, these Terms do not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.
MegaMode staff are not health practitioners. You should obtain your own medical advice prior to participating in services where appropriate.
PRICING
All prices quoted for goods and services include GST, unless otherwise specified.
MegaMode may, from time to time at its absolute discretion, vary its prices based on, amongst other things, any change in the cost of providing these goods and services to you, by providing prior written notice. Any changes to the prices will take effect from the date specified in the notice.
If the class you’d like to attend is fully booked, we recommend joining the waitlist. Due to our 12-hour early cancellation window, there typically are changes to class attendance and places may become available. Should a place open up for you, you will receive a notification (via email or text message) offering you the place. Please respond to this notification, either accepting or declining your place depending on whether you can still attend.
If you can’t attend, notify us as quickly as you can and your place will be offered to the next client on the waitlist – however please note that the cancellation policy will apply.
If you don’t respond to the waitlist offer notification, or you accept the offer and then don’t attend the class, the no-show fee will apply – you will forfeit your session and be charged a one-off cancellation fee of $20.
If you place yourself on the waitlist and then later realise, you’re unable to attend that particular class, we encourage you to remove yourself from the waitlist. This avoids you being placed in the class if a spot becomes available, and potentially forfeiting your session and being charged a ‘no-show’ or ‘late cancel’ fee. You will not be added to the class list within the 12 hour time frame before class.
MEMBERSHIP & CLASS PACK TERMS
NEW CLIENT OFFER
4 CLASSES FOR $50
Activates from date of first class booked and valid for 2 weeks. It is available to new clients only and can be purchased once only.
STUDENT AUTOPAY MEMBERSHIP
STUDENT MEMBERSHIP
Access to 20 classes per 28 days. Class credits do not rollover to the following month. Available for purchase by full-time students only. You will be required to show your Student ID at the studio when you come for your first class
You may temporarily hold your membership for a minimum of 7 days at a time, up to a maximum of 8 weeks per year. Holds, cancellations and changes to memberships cannot be backdated. Please contact in writing with at least 7 days’ notice and allow up to 48 hours for your request to be processed. There is no minimum commitment for our student membership. If you wish to cancel your student membership, please notify us via email at info@megamode.com.au 7 days prior to your next payment cycle.
WEEKLY AUTOPAY MEMBERSHIP
MEGAMODE 2 X WEEKLY
Contract commencement date to be nominated when purchasing. Billed each 7 days. 2 x sessions per week – classes do not rollover. 12 week commitment.
MEGAMODE 3 X WEEKLY
Contract commencement date to be nominated when purchasing. Billed each 7 days. 3 x sessions per week – classes do not rollover. 12 week commitment.
MEGAMODE Unlimited WEEKLY
Contract commencement date to be nominated when purchasing. Billed each 7 days. Unlimited sessions. 12 week commitment. 1 Free guest pass per booking cycle.
Our weekly autopay memberships are a binding contract for 12 week duration. Please note: This is a duration bound contract requiring the completion of 12 auto-payments. All contracts are non refundable, non transferrable + cannot be cancelled prior to set end date.
MegaMode may in its sole and absolute discretion refuse registration, or suspend or terminate membership at any time and for any reason.
Termination of contract prior to end date will result in charges. You may cancel your membership after completing the minimum term stated in your initial agreement by providing a 7-day notice period. You may set your membership to finish at the end of your minimum term by providing notice of intent at least 7-days prior to the end of your agreement. All payments that fall within the 7-day notice period must be finalised in full and if you do not give notice in writing to MegaMode your membership will continue on a weekly basis after your minimum term has elapsed until such time written notice is given. You must pay all membership fees up until notice of cancellation and for the notice period even if you do not use the studio before/after providing notice of cancellation. You shall not consider that your membership agreement has been terminated until such time as this is confirmed in writing by MegaMode. Please email any membership termination requests to info@megamode.com.au for consideration.
Please note our cancellation policy is 12 hours prior to the class start time or you will be automatically charged a $15 late cancel fee. If you book do not attend the class without cancelling, a $20 no-show fee will be automatically charged.
GIFT CERTIFICATES
Issuer
MegaMode
ABN 90 612 487 340
1. These Terms
1.1 You agree to these Terms when you purchase, activate, redeem, enquire or attempt to use a Gift Voucher.
1.2 The Issuer may amend these Terms at any time without notice.
1.3 These Terms are governed by the laws and Courts of Victoria.
1.4 Where you purchase these Gift Certificates as a personal or business gift, or for other business uses approved by the Issuer, you must ensure that the end gift voucher holder is made aware of these Terms, including the expiry date.
2. Purchase of Gift Certificates
2.1 The Issuer issues physical gift vouchers and electronic gift vouchers.
2.2 All Gift Voucher purchases are final and cannot be refunded under any circumstance.
2.3 Physical Gift Vouchers may be purchased from the Issuer and from any studio carrying on business under the MegaMode brand
2.4 Electronic Gift Vouchers may be purchased from the Issuer, MegaMode online (www.megamode.au).
3. Redemption of Gift Voucher
3.1 A Gift Certificate has no value unless activated in the Issuer’s gift certificate system (System) and payment has been made.
3.2 A Gift Certificate may be redeemed for goods and services purchased from MegaMode
3.3 On presentation of a Gift Certificate, if the purchase price exceeds the balance of the Gift Certificate, the gift voucher holder must pay the difference using another payment method. No change will be given and any balance on the Gift Certificate may only be used in whole or in part against future purchases.
3.4 A Gift Certificate cannot be redeemed for cash.
4. Expiry Date
4.1 A Gift Voucher expires 12 months from date of issue.
4.2 Any balance remaining on a Gift Certificate after the expiry date will not be able to be redeemed by the Gift Certificate holder.
4.3 A Gift Certificate cannot be re-activated at any time.
5. Lost and Stolen Gift Vouchers
5.1 A Gift Certificate must be treated as cash as it will not be reissued, refunded or honoured if lost or stolen.
RISK
The instruction offered by MegaMode is limited to that of Megaformer and heated training classes and I understand that MegaBURN and MegaHEAT classes can involve intensive physical activity.
There are risks associated with participation in the activities and programs offered by MegaMode and by booking into classes you freely accept those risks.
MegaMode staff are not health practitioners. You should obtain your own medical advice, where appropriate, prior to participating in the activities and programs offered by MegaMode.
PRIVACY POLICY
Your “personal information” (as defined by the Privacy Act 1988 (Cth)) will only be used by MegaMode or our direct debit provider EziDebit to provide you with the services covered by the Direct Debit Request or these Terms and Conditions.
MegaMode will only disclose such information to third parties to the extent specifically required by law.
You must not photograph or record MegaMode instructors or other clients in MegaMode studios without their express consent.
You consent to MegaMode using your image in any promotional materials, including MegaMode social media platforms.
FORCE MAJEURE
MegaMode is not liable in any way whatsoever arising to the extent that it is prevented from acting by events beyond its reasonable control including, without limitation, industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts or threats of terrorism or war. If an event of Force Majeure occurs, MegaMode may suspend or terminate the Agreement by written notice to you
By booking into a class you automatically agree to the above Terms & Conditions
TERMS & CONDITIONS GENERAL WEBSITE TERMS OF USE
This website with URL address https://www.megamode.com.au is owned and operated by K-Kore Pty Ltd, ACN 612 487 340 The term K-Kore Pty Ltd or ‘us’ or ‘our’ or ‘we’ refers to K-Kore Pty Ltd, the owner of the website. The term ‘you’ or ‘your’ refers to the website user. We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended. You must not access or use the Website
(a) in a way that violates these terms and conditions,
(b) for unlawful activities or purposes,
(c) in a way that is fraudulent, inaccurate, false, misleading or deceptive,
(d) in a way that violates any applicable law (including, without limitation, applicable privacy laws) or
(e) in a way that infringes the rights (including our intellectual property rights) of any other person. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. Disclaimer This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded. We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any linked Website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website. You indemnify us and our related bodies corporate and our respective officers, employees and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a failure by you (or by any person using your password or ID, whether or not you have authorised that person to use your password or ID) to comply with these terms and conditions. Copyright and IP Terms © 2017 K-Kore Pty Ltd K-Kore Pty Ltd takes the protection of its intellectual property rights very seriously. Unless otherwise stated, all copyrights, trademarks and other proprietary rights subsisting in www.megamode.com.au (Site) and content in the Site, services, programs, brochures, flyers, products, text, graphic, photographs, videos, design elements, and all other materials originated or used by MegaMode on the Site or elsewhere are reserved to K-Kore Pty Ltd and where applicable, its licensors. Any such content may be displayed and printed solely for your personal, non-commercial use within your organisation only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the express written consent of K-Kore Pty Ltd. For the avoidance of doubt, cameras and video recorders are strictly prohibited in MegaMode studio without the express consent of K-Kore Pty Ltd.
