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K-Kore GENERAL TERMS & CONDITIONS

GENERAL TERMS & CONDITIONS

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 K-Kore to you;
K-Kore 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 K-Kore to you;
Terms means these Terms and Conditions; and
You means you, the person acquiring goods or services from K-Kore.

IMPORTANT INFORMATION

The instruction offered by K-Kore is limited to that of Megaformer classes and I understand that these classes can involve intensive physical activity.

I acknowledge that there are risks associated with participation in the activities and programs offered by K-Kore 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 K-Kore 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 K-Kore.

I acknowledge that I will inform the instructor if I am pregnant before participating in any K-Kore class.

K-Kore 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 K-Kore 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 be charged a one-off cancellation fee of $15.
  • No-show ($15):If you don’t cancel your class prior to the class start time and do not attend, you will forfeit your session and be charged a one-off cancellation fee of $15.

    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 K-Kore 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, K-Kore 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 K-Kore. “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 K-Kore or at K-Kore studios 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 K-Kore 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 K-Kore.

    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.

    K-Kore 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.

    K-Kore 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 are typically 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 $15.

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

2 WEEKS UNLIMITED CLASSES

Activates from date of first visits and valid for 14 days. Please note late cancellation fees apply.  It is available to new clients only and can be purchased once only.

PAY PER CLASS

SINGLE DROP-IN CLASS

Our Single Drop-In Class entitles you to one Megaformer class and must be used within 28 days of purchase.

5 CLASSES

Our 5 class pack entitles you to 5 Megaformer classes and must be used within 3 months of purchase.

10 & 20 CLASSES

Our 10 & 20 class packs entitles you to 10/20 Megaformer classes and must be used within 12 months of purchase.

Unused classes will be forfeited.  All class bookings are subject to our Class Booking and  Cancellation Policy.

MONTHLY PASSES

ONE MONTH UNLIMITED BURN

One upfront payment. Month activates on date of first class booked and is valid for 28 days.

STUDENT ONE MONTH UNLIMITED

One upfront payment. Month activates on date of first class booked and is valid for 28 days. Available for purchase by full-time undergraduate students only. You will be required to show your Student ID at the studio when you come for your first class

AUTOPAY MEMBERSHIPS

K-KORE BURN A LOT MEMBERSHIP

Our K-Kore Burn a Lot Membership entitles you to unlimited Megaformer classes. $68 per week ($9.71 per day) billed fortnightly. Minimum 8 payments. Activates on date of client’s first visit after purchase.

K-KORE BURN A LITTLE MEMBERSHIP

Our K-Kore Burn a Little Membership entitles you to 8 classes per month. $43 per week ($21.50 per class) billed fortnightly. Minimum 8 payments. Activates on date of client’s first visit after purchase. Classes expire at the end of each month and do not roll over to the next month.

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.

Click here to download a copy of EziDebit’s DDR Service Agreement.

GIFT CERTIFICATES

Issuer
K-Kore Pty Ltd
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 K-Kore brand

2.4 Electronic Gift Vouchers may be purchased from the Issuer, K-Kore online (www.kkore.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 K-Kore

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 K-Kore is limited to that of Megaformer classes and I understand that K-Kore classes can involve intensive physical activity.

There are risks associated with participation in the activities and programs offered by K-Kore and by booking into classes you freely accept those risks.

K-Kore staff are not health practitioners. You should obtain your own medical advice, where appropriate, prior to participating in the activities and programs offered by K-Kore.

PRIVACY POLICY

Your “personal information” (as defined by the Privacy Act 1988 (Cth)) will only be used by K-Kore or our direct debit provider EziDebit to provide you with the services covered by the Direct Debit Request or these Terms and Conditions.

K-Kore will only disclose such information to third parties to the extent specifically required by law.

You must not photograph or record K-Kore instructors or other clients in K-Kore studios without their express consent.

You consent to K-Kore using your image in any promotional materials, including K-Kore social media platforms.

FORCE MAJEURE

K-Kore 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, K-Kore 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.kkore.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 protection of its intellectual property rights very seriously. Unless otherwise stated, all copyrights, trademarks and other proprietary rights subsisting in www.k-kore.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 K-Kore 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 any K-Kore studio without the express consent of K-Kore Pty Ltd.

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