Terms of service
COPYRIGHT
Unless otherwise indicated, MEND Margaret River owns all copyright of the material on this website. All registered or unregistered trademarks used on the website are the property of their respective owners. All copyright, data, software, graphics and images, logos, trademarks, photographs, and other intellectual property on the website is owned, controlled by, or licensed to MEND Margaret River.
MEND TERMS AND CONDITIONS
Please read through the terms and conditions on our website before registering. When signing up as a client of MEND Margaret River, you agree to the terms and conditions as laid out on our website.
Please arrive 5 minutes before your scheduled MEND Margaret River treatments. Please check in with our front-of-house staff when you arrive. MEND Margaret River is not responsible for the safekeeping of your belongings. Bookings are to be made via the MEND / Mindbody app, MEND website or phone. MEND Margaret River is not liable to refund, transfer or offer compensation of any kind for appointments that are late, changed or cancelled for any reason. You acknowledge that there is a risk of personal injury, property loss or death. MEND Margaret River is in no way liable for any injury, loss of property or death resulting from attending our centre. MEND Margaret River is not liable for health claims or benefits discussed on websites or social media. By booking into a MEND Margaret River treatment, you automatically agree to the above terms & conditions.
PRICING
All prices are quoted in Australian Dollars ($AUD) and all transactions are processed in Australian Dollars ($AUD). Prices, products and offers include GST. Prices are subject to change without notice. Sale items are only available at the lower price during the sale period. Prices may increase from time to time to reflect increases in cost and benefits. All passes and memberships are non-transferable. MEND Margaret River does not offer refunds, transfers, suspensions or extensions on services, or treatments for change of mind, injury, illness, change of address or any other reason.
MEMBERSHIPS
1. MEMBERSHIP ELIGIBILITY
Members must be aged 18 years or older.
Memberships are personal to the individual named on the membership and are not transferable.
Members must provide accurate and current personal details, including contact information, and notify MEND of any changes.
MEND reserves the right to refuse, suspend or terminate a membership where these Terms, safety requirements or community standards are not followed.
2. MEMBERSHIP OPTIONS
MEND offers two membership options designed to support different levels of commitment to your recovery practice.Membership benefits are specific to the membership type selected at the time of joining.Access to MEND facilities is subject to availability, opening hours and booking requirements.MEND RITUAL
MEND Ritual includes:
- 2x MEND Motions sessions per week (Monday–Friday)
- Unlimited Morning Express access (Monday–Friday)
MEND UNLIMITED
MEND Unlimited includes:
- Unlimited MEND Motions sessions (including weekends)
- Unlimited Morning Express access (including weekends)
- Monthly Infrared Sauna session
“MEND sessions” refers to access to MEND Motions (Traditional sauna, ice bath, hot plunge) facilities as available through the member booking system.“Morning Express” refers to a shorter/40-minute session of the MEND Motions.Membership inclusions may change from time to time. Where changes materially affect your membership, MEND will provide reasonable notice.
3. MEMBERSHIP PAYMENT
Monthly memberships are paid monthly in advance via recurring direct debit or recurring card payment.Membership pricing and inclusions are confirmed at the time of purchase.
4. MINIMUM COMMITMENT PERIOD
All MEND memberships have a minimum commitment period of three (3) months from the membership start date.During the minimum commitment period, memberships cannot be cancelled unless approved by MEND in exceptional circumstances.Following completion of the minimum commitment period, memberships will automatically continue on a rolling basis unless cancelled in accordance with these Terms.
5. MEMBERSHIP CANCELLATION
After completing the minimum commitment period, members may cancel their membership by providing:
- Written notice via email to reception@mendmargaretriver.com.au
- A minimum of 14 days’ notice prior to the next scheduled billing date
6. MEMBERSHIP SUSPENSION
We understand that sometimes life changes and you may need time away from your routine.Membership suspensions may be requested subject to the following conditions:
- Suspension requests must be submitted in writing via email to reception@mendmargaretriver.com.au
- Requests must be received at least 7 days prior to the requested suspension commencement date
- Suspension requests will not be accepted through any other communication method
- Memberships cannot be suspended during the first six (6) weeks of membership
- Members may suspend their membership for a maximum of four (4) weeks within any 12-week period
Suspension periods cannot be backdated During an approved suspension period, membership access and benefits will be unavailable.Any approved suspension period will extend the membership commitment period by the length of the suspension.
7. MEMBERSHIP PAYMENTS & FAILED PAYMENTS
Members are responsible for ensuring sufficient funds are available for scheduled membership payments.If a membership payment fails for any reason, MEND reserves the right to retry payment and recover any outstanding amounts owed.Members remain responsible for any outstanding membership fees.MEND is not responsible for any additional fees or charges applied by your bank or financial institution due to failed payments.Where membership payments remain outstanding, MEND reserves the right to suspend membership access until payment obligations have been met.
8. BOOKINGS & ATTENDANCE
MEND operates through a booking system to provide the best experience for all guests.Members are required to make bookings for all attended sessions.Due to limited capacity, members are encouraged to provide as much notice as possible if they are unable to attend a booked session.Late cancellations and no-shows may incur applicable fees in accordance with MEND’s cancellation policy.Repeated failure to attend booked sessions may result in a review of membership access.
9. USE OF FACILITIES & SAFETY
MEND facilities include heat exposure, cold water immersion and other wellness experiences that may place physical demands on the body.
By using MEND facilities, you acknowledge and agree that:
- participation is undertaken at your own risk;
- you are responsible for ensuring you are medically fit to participate;
- you will follow all safety instructions provided by MEND staff;
- you will inform MEND of any relevant health concerns that may impact your safe participation.
You should seek medical advice before participating if you have any concerns regarding your health or ability to safely use MEND facilities.
10. MEMBER CONDUCT
MEND is designed as a calm, respectful and restorative environment.
Members agree to:
- respect staff, guests and other members;
- follow all safety instructions;
- treat MEND facilities and equipment with care;
- keep voices and noise to a minimum;
- maintain appropriate behaviour while using the space.
MEND reserves the right to suspend or terminate memberships where a member:
- breaches these Terms;
- behaves in a way that impacts the safety, comfort or experience of others;
- engages in inappropriate, unsafe or unlawful behaviour;
- does not comply with MEND policies or staff directions.
11. PERSONAL BELONGINGS
Members are responsible for their own belongings while visiting MEND.MEND accepts no responsibility for lost, stolen or damaged personal items brought onto the premises.
12. NON-TRANSFERABLE MEMBERSHIPS
Memberships, sessions and membership benefits are personal to the registered member.Memberships cannot be transferred, shared or assigned to another person unless approved by MEND in exceptional circumstances.
13. REFUNDS, TRANSFERS & EXTENSIONS
Membership fees are non-refundable except where required under Australian Consumer Law.MEND does not provide refunds, transfers or extensions for change of mind, change of circumstances, relocation, injury, illness or inability to attend, except at the discretion of MEND or where required by law.
14. MEMBERSHIP CHANGES & PRICING
MEND reserves the right to update membership pricing, inclusions or these Terms from time to time.Where changes materially affect your membership, MEND will provide reasonable notice.
15. PRIVACY
Personal information collected during the membership process will be handled in accordance with MEND’s Privacy Policy.Your information may be used to:
- manage your membership;
- process payments;
- communicate important membership information;
- share relevant MEND updates and offers where consent has been provided.
16. ACCEPTANCE OF TERMS
By purchasing a MEND membership, you acknowledge that:
- you have read and accepted these Membership Terms & Conditions;
- you understand your membership payment and cancellation obligations;
- you understand the risks associated with using MEND facilities;
- you agree to use MEND respectfully and responsibly.
GIFT VOUCHERS
Gift Vouchers / Cards can be used for any MEND Margaret River treatments or services. Gift Cards may be purchased online or in the centre. Gift Cards are not redeemable for cash. Valid automatically for 3 years from the date of purchase. Gift Cards are non-transferable.
MEND Margaret River does not offer refunds, transfers, suspensions or extensions on Gift Cards for change of mind, injury, illness, change of address or any other reason. All purchases are final.
MEND BUNDLES / PACKS
Bundled 3/5/10 packs are valid for 12 months from date of purchase. MEND Margaret River does not offer refunds, transfers, suspensions, credit for product or extensions on any treatment packs or offerings for change of mind, injury, illness, change of address or any other reason. Any non-cancellation, i.e. 'no show' will result in forfeiting that visit.
INTRODUCTORY OFFERS
MEND Margaret River Introductory Offers are available to new clients only. You can purchase an intro offer via the MEND / Mindbody app, over the phone or in-person. This is a one-time offer per client. Your intro offer will automatically be credited to your account.
MEND MARGARET RIVER ONLINE TERMS AND CONDITIONS
OVERVIEW
This website is operated by MEND Margaret River. Throughout the site, the terms “we”, “us” and “our” refer to MEND Margaret River. MEND Margaret River offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify and connected to MindBody. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of maturity in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, TIMELINESS OF INFORMATION
We are not responsible if the information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and treatments are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 8 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 9 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall MEND Margaret River, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 10 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless MEND Margaret River and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 11 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 12 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 13 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 14 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 15 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at reception@mendmargaretriver.com.au