Terms & Conditions
Terms and Conditions
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Definitions
In these Terms:
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ACL means the Australian Consumer Law Schedule 2 of the Competition and Consumer Act 2010 (Cth) and its associated Regulations as amended.
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Consumer is as defined in the ACL.
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Goods means any goods supplied by OJAS to you.
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OJAS means OJAS (trading under Faaria BAIG ABN 14496377360).
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In Writing means delivered to staff on our premises in person or by mail, or sent to our email.
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Services means any services, including fitness, coaching, psychology services, online consultations, eBooks, and online courses provided by OJAS to you.
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Terms means these Terms and Conditions.
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You means you, the person acquiring goods or services from OJAS.
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Basis of Agreement
These Terms apply exclusively to the provision of goods and services by OJAS to you and cannot be varied or replaced without OJAS’s written agreement. OJAS may vary or amend these Terms at any time by written notice to you. Any variations or amendments will apply from the date specified in the written notice, but will come into effect no earlier than 4 weeks after the notice.
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Pricing
All prices quoted for goods and services include GST unless otherwise specified. OJAS may, from time to time, vary its prices to take account of changes in the cost of providing the goods and services by providing prior written notice to you. Any changes to the prices will take effect from the date specified in the notice.
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Payment
If payment is made by direct debit, you authorise OJAS or their direct debit provider to debit the relevant amount from your nominated bank account. If the debit day falls on a day that is not a business day, OJAS may debit your account on the following business day. You must ensure that you have sufficient funds in your nominated bank account at all times.
If your direct debit payment is dishonoured, OJAS may contact you in writing, in which case you will have 14 days to provide a valid reason for the default or to remedy the default. If no action is taken in this time, OJAS may terminate your membership without notice. OJAS will be entitled to pass on to you any charges incurred from their bankers or direct debit provider for your dishonoured payment(s). You may also be charged a fee by your financial institution.
If you believe that there has been an error in debiting your account, you should contact OJAS in writing as soon as possible. You must notify OJAS of a change in your credit card details at least 48 hours prior to your next scheduled direct debit.
All purchases are final. OJAS will not provide a refund for missed classes, change of mind, temporary ill health, or otherwise.
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Physical Condition
By participating in OJAS online, you warrant that, to the best of your knowledge, you are in good physical health and have no existing medical conditions that would prevent you from participating in OJAS's services or that would be aggravated by using the services. If you become aware of any health concerns, you must consult a doctor or qualified professional before resuming use of the services. It is your responsibility not to use any equipment or undertake any exercise that you suspect may adversely affect any medical condition you have.
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Liability
All content provided on this website, including online consultations, eBooks, and online courses, is for informational purposes only and is not intended to replace professional medical advice, diagnosis, or treatment. While we strive to provide accurate and helpful information, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information provided.
By engaging with our services, you acknowledge and agree that you are solely responsible for any decisions you make regarding your health and well-being. We do not accept any liability for any health conditions, issues, or problems that may arise as a result of using the information, products, or services provided on this website. You are advised to consult with a healthcare professional before making any changes to your diet, lifestyle, or treatment plans.
The effectiveness of Ayurvedic practices, consultations, eBooks, and courses can vary greatly from person to person, depending on individual circumstances. While we strive to provide the best possible guidance and support, we cannot guarantee specific outcomes or results. Your experience and success with our services may differ from others.
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Digital Products
Our eBooks and online courses are digital products that will be delivered electronically. No physical copies will be provided. By purchasing these products, you agree that all sales are final and non-refundable, except as required by Australian Consumer Law.
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Consultation Services
Online consultations are provided to offer personalised advice and guidance based on Ayurvedic principles. However, they should not be considered a substitute for professional medical advice, diagnosis, or treatment. The consultations are intended to complement, not replace, the relationship between you and your healthcare provider.
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Compliance with Australian Law
These Terms and Conditions are governed by and construed in accordance with Australian law. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of Australia.
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Risk
OJAS warns that whilst you are using the services of our online studio, you are at risk of suffering physical harm or personal injury, including broken bones, soft tissue injury, joint injuries, permanent disability, or death. These injuries may occur from slipping on wet flooring, being struck by equipment, colliding with equipment or other members, engaging in strenuous exercise, or incorrect use of equipment. You acknowledge that any such injury may result not only from your actions but from the action, omission, or negligence of others.
You acknowledge and agree that the above-mentioned injuries and potential causes of injury are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness, or death. While every attempt is made to ensure that the recreational services and facilities provided by OJAS are safe, you agree that you are participating voluntarily and at your own risk and responsibility, thereby exposing yourself to certain risks.
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Cancellation
OJAS will use its reasonable endeavours to provide the services at the times specified but will not be liable for any loss or damage suffered by you or any third party for any late or cancelled classes or sessions, including classes and sessions cancelled due to public holidays or otherwise.
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Force Majeure
OJAS is not liable in any way howsoever 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, OJAS may suspend or terminate the Agreement by written notice to you.
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Miscellaneous
The law of Victoria from time to time governs these Terms. The parties agree to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts. OJAS’s failure to enforce any of these Terms shall not be construed as a waiver of any of OJAS’s rights. If a clause is unenforceable, it must be read down to be enforceable or, if it cannot be read down, the term must be severed from the Terms without affecting the enforceability of the remaining terms.
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By using our website and services, you acknowledge that you have read, understood, and agree to these Terms and Conditions.
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