TERMS AND CONDITIONS

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OVERVIEW

This website is operated by The Dojo Martial Arts & Fitness. Throughout the website, the terms “we”, “us” and “our” refer to The Dojo Martial Arts & Fitness.

The Dojo Martial Arts & Fitness provides this website, including the information, tools, products and services available through it, subject to your acceptance of these Terms and Conditions and any other policies or notices referred to on this website.

By visiting our website, purchasing a product or service from us, registering for a program or otherwise using our website, you engage with our “Services” and agree to be bound by these Terms and Conditions.

These Terms and Conditions apply to all users of the website, including visitors, customers, members, parents, guardians, suppliers and contributors of content.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by them. If you do not agree with these Terms and Conditions, you must not access the website or use our Services.

Any new features, products, services or tools added to the website will also be subject to these Terms and Conditions.

The current version of these Terms and Conditions will be available on this page. We may update or replace any part of them by publishing the revised version on our website. Your continued use of the website after changes have been published constitutes acceptance of the revised Terms and Conditions.

Our payment facilities may be provided through third-party e-commerce, membership-management or payment-processing platforms. Your use of those platforms may also be subject to the provider’s terms and privacy policies.

ELIGIBILITY AND ONLINE STORE TERMS

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By agreeing to these Terms and Conditions, you confirm that:

• you are at least 18 years of age; or

• you are the parent or legal guardian of a person under 18 years of age and have authorised that person to use the website or participate in our Services.

You must not use our website, products or Services for any unlawful, fraudulent or unauthorised purpose.

You must not use the website in a way that breaches any applicable law, including copyright, intellectual-property, privacy or consumer-protection laws.

You must not transmit viruses, malware, worms or any other destructive or harmful code.

A serious breach of these Terms and Conditions may result in the suspension or termination of your access to the website or our Services.

GENERAL CONDITIONS

We reserve the right to refuse or discontinue service where it is lawful and reasonable to do so, including where a person:

• breaches these Terms and Conditions;

• behaves abusively or unlawfully;

• creates a safety risk;

• fails to make required payments; or

• misuses our website, facilities or Services.

This right will not be exercised unlawfully or in a discriminatory manner.

You understand that information you submit through the website, other than payment-card details, may be transferred across different networks and adapted to meet the technical requirements of connected networks or devices.

Payment-card information is handled by our authorised payment providers and is encrypted during transmission in accordance with their security procedures.

You must not reproduce, duplicate, copy, sell, resell or commercially exploit any part of the website or our Services without our prior written permission.

The headings in these Terms and Conditions are provided for convenience only and do not affect their interpretation.

INFORMATION ON THIS WEBSITE

We aim to ensure that information on this website is accurate, complete and current. However, information may occasionally contain errors or become outdated.

Information on this website is provided for general purposes and should not be relied upon as professional, medical or legal advice.

You should consider your individual circumstances and, where appropriate, obtain advice from a suitably qualified professional before relying on information provided through the website.

Historical information may be published for reference and may no longer be current.

We may update or modify website content at any time. However, unless required by law, we are not obliged to update every item of information immediately after a change occurs.

Nothing in this section excludes any responsibility that cannot lawfully be excluded under the Australian Consumer Law.

CHANGES TO SERVICES, TIMETABLES AND PRICES

Prices for our products, memberships and Services may change from time to time.

Where a price change affects an existing membership agreement, we will provide any notice required under that agreement or by law.

We may modify, suspend or discontinue a product, class, timetable, program, facility or other Service where reasonably necessary.

This may occur because of circumstances including:

• instructor availability;

• safety requirements;

• repairs or maintenance;

• public holidays;

• changes in demand;

• government directions;

• emergencies; or

• events outside our reasonable control.

We will take reasonable steps to notify affected members of significant changes.

Nothing in this section limits any rights or remedies available under the Australian Consumer Law.

Scheduled Closure Periods

Membership fees ordinarily continue during scheduled closure periods that form part of our annual operating calendar.

These periods may include:

• the Christmas and New Year shutdown;

• public holidays;

• long weekends;

• instructor-development events;

• scheduled maintenance; and

• other closure dates notified to members in advance.​

Scheduled closure periods are taken into account when membership fees, timetables and annual operating arrangements are established.

Members who wish to cancel their membership must follow the cancellation provisions in Section 21 and any applicable Membership Agreement.

PRODUCTS AND SERVICES

• Some products or Services may be available exclusively through our website.

• Products may be available in limited quantities and may only be returned or exchanged in accordance with our Returns Policy and the Australian Consumer Law.

• We make reasonable efforts to display product colours and images accurately. However, the appearance of colours may vary depending on your screen, device and display settings.

• We may limit the sale or availability of a product or Service to particular people, locations or jurisdictions where it is lawful and reasonable to do so.

• We may also limit quantities available for purchase.

• Product descriptions, availability and prices may change without notice. We may discontinue a product or Service at any time.

• An offer for a product or Service is void where the offer or sale would be unlawful.

• We do not guarantee that every product or Service will meet each customer’s personal expectations. However, our products and Services come with consumer guarantees that cannot be excluded under the Australian Consumer Law.

ORDERS, BILLING AND ACCOUNT INFORMATION

• We may refuse, limit or cancel an order where it is lawful and reasonable to do so.

• This may include orders that:

  • contain an obvious pricing or description error;

  • appear fraudulent or unauthorised;

  • exceed available stock;

  • breach purchase limits; or

  • appear to have been placed for unauthorised resale.

• Restrictions may apply to orders placed through the same account, payment method, billing address or shipping address.

• If we change or cancel an order, we will take reasonable steps to contact you using the details supplied when the order was placed.

• You agree to provide current, complete and accurate purchase, billing and account information.

• You must promptly update your contact details, payment details and other account information when they change.

• For further information about product returns, please refer to our Returns Policy.

THIRD-PARTY TOOLS AND SERVICES

• We may provide access to tools, platforms or services operated by third parties.

• These may include:

  • payment processors;

  • direct-debit providers;

  • membership-management systems;

  • booking platforms;

  • video-hosting services;

  • social-media platforms; and

  • communication services.

• We do not control every aspect of these third-party services.

• Your use of a third-party service may be subject to that provider’s own terms, privacy policy and operating requirements. You should review and understand those terms before using the service.

• To the extent permitted by law, we are not responsible for loss caused solely by the independent conduct, systems or services of a third-party provider.

• We may introduce additional website features, tools or third-party integrations in the future. These Terms and Conditions will also apply to those features unless otherwise stated.

THIRD-PARTY LINKS

• Our website may contain links to third-party websites, products, services or information.

• A link does not necessarily mean that we endorse, sponsor or control the third party or its content.

• We are not responsible for independently examining or verifying all information available through third-party websites.

• To the extent permitted by law, we are not responsible for losses arising solely from your use of, or reliance upon, an independent third-party website, product or service.

• You should review the third party’s terms, privacy policy, returns policy and other relevant conditions before entering into a transaction.

• Questions or complaints relating specifically to a third-party product or service should be directed to the relevant third party.

COMMENTS, FEEDBACK AND SUBMISSIONS

• You may choose to submit feedback, testimonials, suggestions, competition entries, ideas or other materials to us.

• You confirm that you have the right to submit that material and that its submission does not infringe another person’s rights.

• Unless we have agreed otherwise in writing, you grant us a non-exclusive, royalty-free licence to use, reproduce, edit and publish material that you intentionally submit for promotional, operational or business purposes.

• This licence does not override your rights under applicable privacy, confidentiality or intellectual-property laws.

• We are not obliged to:

  • keep unsolicited ideas or suggestions confidential;

  • pay compensation for unsolicited submissions; or

  • respond to every submission.

• We may monitor, edit or remove content that we reasonably consider to be:

  • unlawful;

  • threatening;

  • abusive;

  • defamatory;

  • obscene;

  • discriminatory;

  • misleading;

  • invasive of another person’s privacy;

  • in breach of intellectual-property rights; or

  • contrary to these Terms and Conditions.

• You must not submit content that:

  • infringes copyright, trade marks, privacy or other rights;

  • is false, misleading, abusive, obscene or unlawful;

  • contains malware or harmful code;

  • impersonates another person; or

  • misrepresents the origin of the content.

• You remain responsible for the content and accuracy of material you submit.

PERSONAL INFORMATION AND PRIVACY

• Our collection, storage, use and disclosure of personal information are governed by our Privacy Policy and applicable privacy laws.

• By providing personal information through our website, membership systems or other Services, you acknowledge that it will be handled in accordance with our Privacy Policy.

• Please refer to our Privacy Policy for information about:

  • what personal information we collect;

  • why we collect it;

  • how it is used and disclosed;

  • how it is stored and protected;

  • how you may request access or correction; and

  • how you may make a privacy complaint.

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ERRORS, INACCURACIES AND OMISSIONS

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• The website may occasionally contain typographical errors, inaccuracies or omissions relating to matters such as:

  • product descriptions;

  • class timetables;

  • pricing;

  • promotions;

  • availability;

  • delivery times.

• We may correct an error, update information or cancel an affected order where reasonably necessary.

• Where an error affects an order you have already placed, we will take reasonable steps to notify you and provide any remedy required by law.

• We are not obliged to update all information unless required by law.

• A date shown as an update or revision date does not necessarily mean that every item of information on the website was changed on that date.

PROHIBITED USES

• You must not use the website or its content:

  • for an unlawful or fraudulent purpose;

  • to encourage another person to participate in unlawful conduct;

  • to breach any applicable law or regulation;

  • to infringe our intellectual-property rights or the rights of another person;

  • to harass, abuse, threaten, insult, defame, intimidate or discriminate against another person;

  • to submit false, deceptive or misleading information;

  • to upload or transmit viruses, malware or harmful code;

  • to improperly collect, track or disclose another person’s personal information;

  • to spam, phish, pharm, scrape, crawl or otherwise misuse the website;

  • to publish obscene, exploitative or seriously offensive material;

  • to interfere with the security or operation of the website;

  • to gain unauthorised access to an account, network or system; or

  • to impersonate another person or misrepresent your relationship with us.

• We may suspend or terminate your access to the website if you breach these restrictions.

CONSUMER GUARANTEES, WARRANTIES AND LIABILITY

• We do not guarantee that the website will always be uninterrupted, secure or free from errors.

• We may temporarily suspend access to the website for maintenance, security, technical or operational reasons.

• Information made available through the website may not always produce results that are completely accurate or suitable for every individual circumstance.

• To the extent permitted by law, use of the website is at your own risk.

• However, nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

• Our goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law.

• Where there is a major failure with a Service, you may be entitled to:

  • cancel the relevant service contract;

  • receive a refund for the unused portion of the Service; or

  • receive compensation for its reduced value.

• You may also be entitled to compensation for other reasonably foreseeable loss or damage.

• Where a failure is not major, we may be entitled to correct the issue within a reasonable time.

• To the maximum extent permitted by law, The Dojo Martial Arts & Fitness and its owners, directors, officers, employees, instructors, agents, contractors, suppliers and service providers will not be liable for indirect, incidental, special or consequential loss arising from use of the website where that loss was not reasonably foreseeable.

• This limitation does not apply where liability cannot lawfully be excluded or limited.

• Nothing in this section excludes liability for personal injury caused by negligence where it would be unlawful to do so.

INDEMNITY

• To the extent permitted by law, you agree to indemnify The Dojo Martial Arts & Fitness and its owners, directors, officers, employees, instructors, agents and contractors against reasonable loss, liability, cost or expense arising directly from:

  • your unlawful use of the website;

  • your material breach of these Terms and Conditions;

  • your infringement of another person’s rights; or

  • content you submit through the website.

• This indemnity does not apply to the extent that the loss was caused or contributed to by our negligence, unlawful conduct or breach of these Terms and Conditions.

SEVERABILITY

• If any provision of these Terms and Conditions is found to be unlawful, invalid or unenforceable, that provision will be read down to the extent necessary to make it enforceable.

• If it cannot be read down, it will be severed.

• The remaining provisions will continue to apply.

TERMINATION

• Rights and obligations that arose before termination will continue to apply after termination where their nature requires them to do so.

• You may stop using our website at any time.

• We may suspend or terminate your access to the website where:

  • you materially breach these Terms and Conditions;

  • your use creates a legal, security or safety risk;

  • you misuse our systems or Services; or

  • we are otherwise legally entitled to do so.

• Termination of website access does not automatically cancel a membership agreement.

• Membership cancellations must be made in accordance with Section 21, the applicable Membership Agreement and Western Australian law.

ENTIRE AGREEMENT

• These Terms and Conditions, together with our policies and any applicable Membership Agreement, constitute the agreement governing your use of the website and relevant Services.

• They replace previous website terms dealing with the same subject matter.

• A failure or delay by us in exercising a right does not amount to a waiver of that right.

• A waiver is only effective if it is made in writing.

• Nothing in this section excludes representations or rights that cannot lawfully be excluded.

GOVERNING LAW

• These Terms and Conditions are governed by the laws of Western Australia and the applicable laws of the Commonwealth of Australia.

• You and The Dojo Martial Arts & Fitness submit to the jurisdiction of the courts and tribunals of Western Australia and any courts entitled to hear appeals from them.

CHANGES TO THESE TERMS AND CONDITIONS

• The most current version of these Terms and Conditions will be available on this page.

• We may update these Terms and Conditions by publishing a revised version on our website.

• Where a change materially affects an existing membership or contractual right, we will provide any notice required under the relevant agreement or by law.

• Your continued use of the website after revised website terms are published constitutes acceptance of those revised terms.

• Changes will not retrospectively remove rights that have already accrued or rights that cannot lawfully be excluded.

EMERGENCIES, GOVERNMENT DIRECTIONS AND FORCED CLOSURES

• Our operations may be affected by events outside our reasonable control, including:

  • public-health emergencies;

  • government directions;

  • natural disasters;

  • fire, flood or severe weather;

  • utility or building failures;

  • security incidents; or

  • other emergencies.

• Where reasonably practicable, we may respond by:

  • changing class timetables;

  • relocating classes;

  • providing online or alternative training;

  • temporarily restricting access;

  • suspending particular Services; or

  • closing the premises.

• Where alternative training or membership arrangements are offered, we will communicate the available options and any action members are required to take.

• Members are responsible for reading those communications and contacting us if they wish to select or discuss an available option.

• The effect of a closure on fees, credits, suspensions, cancellations or refunds will be determined in accordance with:

  • the applicable Membership Agreement;

  • the nature and duration of the closure;

  • any alternative Services offered;

  • these Terms and Conditions; and

  • applicable law.

• Nothing in this section excludes rights available under the Australian Consumer Law.

• Abusive, threatening or discriminatory communication towards staff will not be tolerated. Members may raise genuine concerns or complaints respectfully without being disadvantaged for doing so.

MEMBERSHIP CANCELLATIONS, COOLING-OFF PERIODS AND REFUNDS

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• Cooling off Periods

  • New fitness-service memberships are subject to the cooling-off period required by Western Australian law.

  • You may cancel a new membership within seven days of entering into the agreement without needing to provide a reason.

  • A cancellation request must be submitted by email or text.

• Where permitted by law, we may deduct:

  • the reasonable cost of Services already supplied; and

  • any reasonable administration fee disclosed in the Membership Agreement.

• Any refund required by law will be processed within the applicable statutory period.

• Ongoing Membership Cancellations

  • You must cancel an ongoing membership by providing written notice by email or text.

  • The applicable notice period will be thirty (30) days..

  • Unless otherwise required by law, membership fees will continue during the notice period and membership access will remain available.

  • You will not be required to attend the premises or complete a specific cancellation form where valid written notice has already been provided by email or text.

  • We recommend retaining a copy of your cancellation request and requesting written confirmation that it has been received.

• Refunds

• We do not ordinarily provide refunds merely because a person:

  • changes their mind outside the cooling-off period;

  • does not attend available classes;

  • changes their personal schedule;

  • moves away; or

  • decides they no longer wish to use the membership.

• However, this policy does not exclude any refund, cancellation right or other remedy available under:

  • the Australian Consumer Law;

  • Western Australian fitness-service laws;

  • the applicable Membership Agreement; or

  • another applicable law.

• Where a refund is legally required, it will be calculated and provided in accordance with the applicable requirements.

• Upfront and Prepaid Memberships

  • Upfront and prepaid memberships remain subject to the statutory cooling-off period and all other rights available under applicable law.

  • If a prepaid membership is cancelled, any entitlement to a refund for an unused portion will be assessed in accordance with Western Australian law and the applicable Membership Agreement.

  • Any lawful notice period, disclosed administration cost or amount for Services already provided may be deducted where permitted.

• Injury, Illness and Medical Procedures

  • A member who is temporarily unable to train because of an injury, illness or medical procedure may apply for a membership suspension in accordance with our Suspension, Cancellation and Injury Policy.

  • Supporting evidence, such as a medical certificate, may be required.

  • Unless otherwise approved in writing, the maximum suspension period is eight weeks.

  • If the member remains unable to train after the maximum suspension period, the standard cancellation process will commence.

  • The member may instead choose to cancel by providing written notice in accordance with this section.

• Work-Related Travel

  • Membership suspensions for work-related travel may be available in accordance with our Suspension, Cancellation and Injury Policy.

  • Requests must be submitted within the required timeframe and may require supporting evidence.

• Cancelling During a Suspension

• If a member cancels during a suspension:

  • the suspension will end;

  • the standard notice period will begin from the date valid written cancellation notice is received; and

  • regular membership payments may resume during the notice period, as disclosed in the Membership Agreement.

Please contact The Dojo Martial Arts & Fitness directly at fightingfit@thedojowa.com

if you have questions about these Terms & Conditions