Savu Saunas
User Terms and Conditions (Website Version 1.0)
- Acknowledgements
- These Terms and Conditions constitute a legally binding Terms and Conditions between Savu and the User in respect of the supply by Savu and the use by the User of Savu’s services and facilities.
- By clicking “Accept” each User unconditionally and irrevocably accepts these Terms and conditions set out below as the conditions of use of each and any service or facility offered to the public on the Savu Website and the Portal and any sub-domain, associated web-based and mobile application, as owned and operated by Savu.
- The User expressly acknowledges that the User has:
- had a fair and reasonable time and opportunity to read and consider these Terms and Conditions;
- fully and properly understood these Terms and Conditions
- not relied upon any representation, promise or warranty made by Savu in using any Savu service or facility; and
- accepted these Terms and Conditions entirely of the User’s own volition:
- after appropriate consideration, reflection, and exercise of independent judgment; and
- without any coercion, force, or undue influence having been exercised upon them either by Savu or by any other person or persons.
- The User expressly acknowledges that Savu is entitled, and may, amend, vary or revoke any term or condition at any time, at Savu’s sole and absolute discretion.
- Definitions
- Unless there is something in the subject or context to the contrary, the following meanings apply in this Terms and Conditions:
- “Business Hours” means the time commencing at 6am (AEST) and ending 10pm (AEST);
- “Category” means any one of the Savu Membership categories set out on the Website, including but not limited to, a casual visit, fixed term or annual registration;
- “Commencement Date” means the date the User registers for a Savu Membership on the Portal, which is the date on which a user is entitled to commence using Savu services and facilities;
- “Confidential Information” means:
- personal information of the User provided by the User to Savu through the Portal;
- Intellectual Property of Savu;
- all other information belonging or relating to a disclosing party that is not available to the public at the time of disclosure other than by reason of a breach of this Terms and Conditions or which the receiving party knows, or ought reasonably to be expected to know, is confidential to that disclosing party or any related entity of that disclosing party;
- “Costs” means the non-refundable amount payable by the User for Membership of Savu;
- “Expiry Date” means the date on which the User’s Membership with Savu expires;
- “Intellectual Property” means all of Savu’s right, title and interest in all worldwide industrial and intellectual property and other proprietary rights used in connection with the activities and undertakings of any business of Savu that party, including but not limited to:
- any business name or trading name used by Savu;
- any domain name, handle or other social media identifier or account;
- all patents and patentable subject matter and designs, in each case whether registered or unregistered (including any applications for the grant of them);
- all trademarks, in each case whether registered or unregistered (including any applications for the grant of them);
- copyright;
- trade secrets, know how, systems, methods, processes, procedures, protocols confidential information (whether in writing or recorded in any form, digital or otherwise) used by or on behalf of the respective party in or in connection with Savu;
- all business records, user lists, financial information and other material pertaining to the business of Savu;
- any other proprietary, licence or personal rights arising from any intellectual activity or endeavour in the business, industrial, scientific or artistic fields;
- all website source code, integrated software, product customisation, applications, development frameworks, tools and plugins;
- and all other rights and forms of protection having equivalent or similar effect to any of the above, which may subsist or be recognised anywhere in the world;
- “Member” means User that holds a Membership;
- “Membership” means the User’s approved registration to use Savu’s services and facilities as recorded in the Portal, detailing the Costs and Category;
- “Portal” means Savu’s app for mobile devices and/or web-based platform that facilitates the User registering for a Membership, renewing, cancelling or changing a Membership, or accessing and updating the User’s Membership details, and collects and stores the User’s selected Category and Costs details;
- “Terms and Conditions” means these terms and conditions of use of Savu services and facilities;
- “User” means the individual accessing or using Savu’s services and facilities, as a Member or a Visitor, as the case may be, and in the case of a natural person or persons, the respective heirs, personal legal representatives and permitted assigns of that person or persons;
- “Savu” means Savu Saunas 57 408 593 748 and in the case of a company, the directors, officers, employees, servants, agents, representatives and permitted assigns of that company; and
- “Website” means www.savusaunas.com.au
- Provision of Services and Facilities
- Savu is in the business of providing sauna and related services and facilities to the public as published and promoted on the Website and Savu social-media platforms from time to time and accessed by Users through the Portal.
- All services and facilities offed by Savu are offered in good faith and otherwise on the basis promoted on the Website.
- No other promise, representation or warranty is made by Savu to the User in connection with the use of the services and facilities by the User and Savu expressly excludes any other promise, representation or warranty of any description.
- Savu retains the right at all times to vary, change, amend, suspend, withdraw or end the provision of any service or facility at any time, in Savu’s sole and absolute discretion, and Savu is not liable to the User for any injury, loss or damage, suffered or sustained by the User as a consequence of any decision taken by Savu under this clause.
- Membership of Savu
- In order for any User to use Savu’s services and facilities, the User must be a Member. Categories of Membership that a User may become are set out on the Website from time to time.
- Membership, including management of an existing Member’s registration particulars, is available at all times through the Portal.
- A User’s Membership:
- commences on the Commencement Date; and
- ends on the Expiry Date.
- Whilst a User’s Membership is current and in effect, a User is entitled to use any service or facility of Savu, subject to the User following the service and facility booking process through the Portal.
- On the Expiry Date, the User is permitted to renew the Membership on the Portal.
- Savu retains the right at all times to vary, change, amend, suspend, withdraw or end the specific rights and obligations of Membership and all Categories of Membership at any time, in Savu’s sole and absolute discretion, and Savu is not liable to the User for any injury, loss or damage, suffered or sustained by the User as a consequence of any decision taken by Savu under this clause.
- Membership Rights and Obligations
- The User who is a Member is entitled to unlimited access to the Savu services and facilities during Business Hours, subject to availability and booking.
- The User acknowledges and agrees that each iteration of the use of the services and facilities continues for a maximum of fifty-five (55) minutes per session, or as otherwise set out on the Website and the Portal.
- The User acknowledges that booking, scheduling or reserving a session time or otherwise for the provision of any Savu service or facility must be done in advance on the Portal.
- The User may cancel a booking or scheduled session time on the Portal.
- The User acknowledges and agrees that cancellations lodged on the Portal within fifteen (15) minutes prior to the relevant session time will attract a late fee of ten dollars ($10.00) payable to Savu.
- The User acknowledges the capacity of the Sauna is limited to ten (10) people per session time.
- The User must provide accurate, current and complete information on the Portal, including accurate personal and banking details for the purposes of paying the Costs and maintaining an active Membership.
- At the sole discretion of Savu, certain exclusive discounts on additional services or products may be offered to the User.
- The User may cancel the Membership at any time on the Portal and the User accepts that cancellation of the User’s Membership requires a 2 week notice period.
- The User expressly acknowledges and agrees that the User’s Membership is not transferable.
- User Covenants
- The User acknowledges and agrees that use of the Savu services and facilities by the User is entirely at the User’s own risk.
- Savu expressly recommends that the User should consult with the User’s general practitioner about the potential impact of the use of the services and facilities by the User on the User’s personal safety, wellbeing, physical health and/or medical conditions.
- The User warrants to Savu as at the date of this Terms and Conditions and prior to each use of the services and facilities during the User’s Membership, the User has carefully considered the User’s medical and physical condition, including the below non-exhaustive list of conditions:
- pregnancy;
- heart attack or stroke;
- abnormal heart rhythm;
- medications which interfere with your body’s ability to regulate temperature, or medications which make you drowsy cardiovascular problems or conditions;
- epilepsy,
- asthma or breathing conditions;
- high or low blood pressure;
- arterial disease;
- joint or muscle injury; or
- any other chronic, acute or medical condition,
and elected to use the Services regardless.
- Notwithstanding the previous recommendation and warranties, the User expressly represents to Savu that the User is, at the Commencement Date and on each and every use of a Savu service or facility, in good health and has no medical condition that could induce any injury or illness to the User or to any other Members, and that any pre-existing medical conditions of the User has been discussed with an appropriate healthcare professional or general practitioner prior to use of the services and facilities and that any pre-existing medical condition is under management.
- The User is solely responsible to maintain sufficient personal hydration throughout the use of any service or facility and must take all reasonable steps to bring to, and to stay hydrated, during the use of the services and facilities.
- Subject to Clause 6.7, the User warrants that the User is over 18-years old and acknowledges that children under the age of 18 are not permitted to use the services or facilities.
- The User acknowledges and agrees that children aged sixteen years old (16) and seventeen years old (17) may use the Savu services or facilities provided that they are accompanied by an adult User.
- The User accepts that items and personal belongings are brought to a Savu facility solely at the User’s own risk and Savu expressly accepts no responsibility for any injury, loss or damage to the User’s property.
- The User acknowledges that a Savu service or facilities may be a mobile set-up, requiring the User to carefully consider accessibility and travel.
- Express Rights and Obligations of the User
- At all times during the term of these Terms and Conditions and when using the Services, the User must:
- co-operate in a timely way with any reasonable request made by Savu;
- enter and exit the sauna, spa or other venue in connection with the provision of the Services with care and take all reasonable steps to prevent damage or loss;
- obey and adhere to all signs, guidelines, rules and posters displayed at, in or on the sauna, equipment or otherwise at the venue of the Services;
- treat the sauna, spa and equipment in connection with the provision of the Services with respect and do not touch the sauna heater, rocks, the copper pipe or other fixed metal sensors within the sauna;
- wear underwear or swimwear at all times during use of the Services
- bring two (2) towels to each session, one for sitting on in the Sauna and one for drying off;
- act in manner legal no harm;
- pay the Costs.
- At all times during the term of these Terms and Conditions, the User must not:
- sleep during use of Services;
- drink alcohol, smoke, vape or use essential oils or topical lotions in the sauna, spa or any other venues in connection with the provision of the Services;
- drink alcohol or take recreational drugs before, during or after immediate use of the Services;
- bring animals into the sauna, spa or any other venues in connection with the provision of the Services;
- wear shoes in the Sauna, expect insofar as the User reasonable requires shoes for medical purposes, then the User must wear clean flip flops;
- make any defamatory statements or comments, whether verbally or in writing, about Savu or Savu’s representatives, agent or employees;
- abuse other Members;
- take photos of other Members;
- impersonate or provide false information relating to the Users account;
this clause does not merge on the completion, determination or other successful resolution of this Terms and Conditions.
- At all times during the term of these Terms and Conditions, the User acknowledges, agrees and accepts that:
- the Savu is not responsible for health; and
- the Savu is not responsible for the actions, appearance and cooperation of other Users or responsible for circumstances beyond Savu’s control.
- Express Rights and Obligations of the Savu
- Savu is entitled, at all times, to:
- choose Savu’s hours of operation for provision of the services;
- choose Savu’s location for provision of the services;
- engage employees and sub-contractors to assist in delivery of the services as Savu may, in its sole and absolute discretion, think necessary from time to time;
- use any equipment and resources that Savu deems necessary for the performance of the Services and for that purpose, Savu must provide all equipment and other resources that Savu requires to perform the Services; and
- investigate a breach of these Terms and Conditions, which may result in Savu cancelling the User’s Membership, reporting suspicious behaviour and unlawful activity, disclosing any information necessary or appropriate to relevant persons and authorities relating to the User’s Membership, account, Confidential Information, email addresses, usage history, posted materials, IP addresses and traffic information, to the extent permitted by law;
- provide the same or similar services to other unrelated parties, at all times during the term of this Terms and Conditions, and nothing in this Terms and Conditions creates any actual or inferred exclusivity between Savu and the User;
- refuse use of services and facilities, or access to any Savu facility, if Savu deems that the User is intoxicated or a risk to health and safety.
- At all times during the term of these Terms and Conditions, Savu agrees:
- to provide the Services in a timely and efficient manner;
- to provide the Services with due care, skill and attention as reasonably expected by a person in the User’s position.
- Savu must use all reasonable endeavours at all times to ensure that services and facilities are:
- available at the times and places advertised on the Website and the Portal;
- maintained in good and operable condition;
- hygienic, clean and tidy;
- comply with all council permit conditions; and
- not double booked by multiple Users at any point in time.
- Services
- Savu makes no representation, promise or warranty of any kind, whether express or implied, about the operation, functionality, merchantability, the likely results or the reliability of the services and facilities including but not limited to the sauna, equipment, objects, items, venue or things use in connection with the provision of the Services.
- The service is provided to the User as is and as available, with all faults and defects, without warranty by Savu of any kind.
- Costs for Services
- The User must pay the Costs to Savu in accordance with the User’s Membership as recorded in the Portal.
- Savu reserves the right to revise the cost for any Services at any time prior to the User registering a Membership.
- The Costs quoted may be revised by Savu subsequent to the User’s registration of a Membership in the event of any matter beyond the control of Savu. In that event, the User will have the right to cancel the Membership.
- The User acknowledges that payment of the Costs can be made through various methods available by Savu, including Visa, MasterCard, American Express cards or online payment methods (PayPal, for example). Payment cards (credit cards or debit cards) are subject to validation checks and authorisation by the Users card issuer. If Savu do not receive the required authorisation, Savu will not be liable for any delay or non-use of the Services.
- GST
- The parties agree that all amounts referred to in this Terms and Conditions are GST inclusive amounts, unless expressly stated otherwise and GST has the same meaning as defined in the GST Law.
- If Savu makes a taxable supply to the User, the User must, in addition to any amount invoiced, pay GST on the invoiced amount at the prevailing rate.
- Electronic Communication
- The User acknowledges that the User is engaging with Savu electronically and provides express content to interact with Savu online, including but not limited to the use of email and electronic communication via the Website and Portal, involving the use of notifications and digital communication.
- The User acknowledges and agrees that the User is solely responsible for safeguarding and maintaining the confidentiality of the User’s personal account, password and private information belonging to the User in connection with the Users account on the Portal (“personal data”).
- The User accepts full responsibility for all activities that may transpire in relation to the confidentiality of, and access to, the User’s personal data.
- The User agrees not to disclose personal data to any third party that may result in a breach of security or unauthorised use of the User’s account. In the User does disclosure, or the User believes that there may be a disclosure of, any personal information, the User agrees to notify Savu immediately.
- Savu will take all reasonably action, but does not guarantee the security of the Website or Portal in any way.
- The parties acknowledge and agree that Savu reserves the right to terminate the User’s account on the Portal, or Membership of a User, should the User release any personal data to the detriment of Savu.
- Content
- Subject to Clause 13.2, the parties acknowledge and agree that the User may post content online about Savu, including text, images or other information that can be posted, uploaded, linked to or otherwise made available by the User to the public (“the Content”).
- The User must not release Content that is:
- unlawful or promoting unlaw activities, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable;
- defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups;
- unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling;
- containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of a third person;
- impersonating any person or entity including Savu and its employees or representatives;
- violating the privacy of any other Member or person associated with Savu;
- false information.
- The User is solely responsible for the context, appropriateness, legality and reliability of the Content posted by the User about Savu.
- The User expressly grants Savu the right and licence to use, access, modify, publish, post, display, reproduce and distribute any Content belonging to the User about Savu, including the right for Savu to make the Content available online to third parties by any electronic means of communication, including but not limited to, the Website, Portal or any of Savu’s online platforms.
- The User expressly acknowledges that by Savu exercising any rights under this Clause does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of the User or any person.
- Savu expressly reserves the right to immediately cancel the User’s Membership if the User breaches any provision of this Clause.
- The User consents and agrees to Savu taking photographs or videos of the User at any time during the provision of the Services for the purposes of marketing, social media and Website content and the User grants Savu the right to publish, display, post, distribute those photographs or videos for marketing purposes, without any monetary compensation or other benefit passing to the User.
- Website and Portal
- The User acknowledges and agrees that use of the Website and the Portal is at the User’s own risk.
- Savu makes no representation, promise or warranty of any kind:
- about the operation, quality or reliability of the Website and the Portal;
- the accuracy, completeness or reliability of the information, details, content, materials, products (including software application) on or otherwise made available to the User through the Website and the Portal;
- that the Website and the Portal, or any electronic communication, is without viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components,
- and the parties agrees that Savu will not be liable for any loss or damages of any kind in relation to use of the Website and the Portal.
- The parties expressly acknowledge that the materials appearing on the Website and the Portal may include technical, typographical, or photographic errors from time to time.
- Savu may make any changes, update, maintain, add or remove, re-design, improve, or otherwise alter the Website and the Portal from time to time, without notice, and for this purpose the Website and the Portal may be disrupted or limited. During such an interruption, Savu will use reasonable endeavours to restore access to the Website as soon as practicable.
- The Website and the Portal may contain third party links and the parties agree that this does not constitute or create any endorsement, guarantee, affiliation, sponsorship, warranty, or recommendation by Savu and the User access any third-party links at the Users own risk.
- Limit of Liability
- Savu is not liable for any loss or damage in connection with, or resulting from, the User’s access to or use of the Website and the Portal.
- Savu is not liable for any loss or damage resulting from the User becoming injured or ill, or experiencing an emergency, in relation to use of the Services, to the greatest extent enforceable under applicable law.
- Releases and Indemnities
- The User acknowledges and accepts the inherit risk of using the Services, including but not limited to body temperature, dehydration, the potential for accidents or injuries, and the User voluntarily assumes the risk of any type which may arise from the use of the Services.
- The User releases, discharges and hold harmless Savu from all claims, actions, demands, suits, liabilities, damages, expenses and obligations of any kind, whether at law or in equity, arising from, or related in any manner to, the Users Membership and use of the Services.
- The User indemnifies Savu against any claim, costs or expenses arising from any matter which is in breach of the Copy Right Act 1986, patent or design arising from the User’s actions, instructions or source content.
- The User unconditionally and irrevocably indemnifies Savu for any injury, loss or damage suffered by the User that is caused by the negligent, reckless or willful act or omission of the User.
- Where any party to this Terms and Conditions gives a release or indemnity of any description to any other party to this Terms and Conditions, that release or indemnity is intended to survive, and does not merge on, the completion, determination or other successful resolution of these Terms and Conditions.
- Confidential Information
- Savu expressly acknowledges that Confidential Information of the User that is provided to or made available to Savu in connection with these Terms and Conditions is confidential and may be commercial-in-confidence material.
- Savu agrees to keep the Confidential Information of the User confidential and to use the Confidential Information only for the purpose of performance of Savu's obligations under this Terms and Conditions.
- Intellectual Property
- The User acknowledges that Savu will use and apply Intellectual Property belonging to Savu to deliver the Services under this Terms and Conditions.
- The parties expressly acknowledge that all Intellectual Property of Savu remains the property of Savu.
- The User agrees that copying, redistribution or publication by the User of any Intellectual Property or any portion of the Website and the Portal is strictly prohibited.
- The User acknowledges that the Website and the Portal may contain words, marks, trademarks, graphics or logos belonging to a third party or affiliates of Savu and the Users access and use of the Website and the Portal does not constitute any right or license to it without the prior written permission of the corresponding service mark/trademark owner.
- Any conduct of the User in respect of the Savu's Intellectual Property that is in breach of the provision of this
clause 18 is deemed to be a material breach of these Terms and Conditions for which Savu is entitled to terminate the User’s Membership and remedy, for which the User expressly acknowledges that a remedy in damages may not be sufficient.
- Nothing in this Terms and Conditions creates or imposes any restriction, limitation or impediment on or against Savu to use or not use the Intellectual Property of Savu in the same or a similar manner for any other purpose.
- The obligations under this clause 18 do not merge on the termination of these Terms and Conditions in any way.
- Privacy
- Savu will, at all times, take all reasonable measures to protect and safeguard any personal information of the User and will, at all times, comply with any legislative obligations in this respect.
- Savu will not use or disclose the personal information of any User except in accordance with these Terms and Conditions and then solely for the purposes of administration of the User’s Membership;
- Termination
- The Savu is entitled to terminate these Terms and Conditions at any time, without notice or liability, and without refund of the Costs, for any reason including, but limited to, if the User:
- breaches this Terms and Conditions;
- becomes insolvent in any way;
- loses mental or legal capacity;
- dies;
- fails to pay costs due under this Terms and Conditions;
- misuses the sauna, spa or any other venue association with the Services;
- acts in a manner that is adversely and materially prejudicial to these Terms and Conditions;
- acts in any manner that is in breach of the law;
- acts in any manner that threatens to, or does, cause injury, loss or damage to Savu or other Users;
- acts in any manner that is offensive, abusive or harassing toward Savu or other Users;
- acts in any other manner that is inconsistent with the spirit of this Terms and Conditions.
If Savu elects to terminate this Terms and Conditions, Savu has absolute discretion whether the User is granted a period of time to remedy the breach.
- Dispute Resolution
- If any dispute arises between the parties, over any right, obligation or other aspect of this Terms and Conditions, the party claiming that a dispute exists must notify the other party or parties of the dispute in writing detailing the nature of the dispute.
- Once a party has notified the other party or parties of a dispute in accordance with this Terms and Conditions and prior to issuing any proceedings in any Court with appropriate jurisdiction, the parties must engage, acting reasonably, in commercial negotiation, undertaken in good faith, for a period of not less than thirty (30) days from the date of the first notice of the dispute by one party to the other.
- Notices
- A notice or other communication in connection with this Terms and Conditions must be sent by email.
- Performance Obligations
- The rights and obligations of the parties under this Terms and Conditions are subject to the express condition that whenever Savu is required to perform or do any act or thing, the performance of that obligation is not required if it is rendered reasonably or practically impossible on account of any riot, civil commotion, strike, lockout, act of God, act of the public enemy, priority, allocation, rationing or the regulation or prohibition of the use of any material, heat, fuel, hours of work or award, of the party.
- Any term, covenant, condition, obligation, provision, stipulation or restriction in this Terms and Conditions that requires a party to do something after the Expiry Date does not merge on completion. A failure to perform an obligation of this nature is a breach of these Terms and Conditions retrospectively and gives rise to a claim for injury, loss and damage to the party with the benefit of the performance of the obligation.
- Waiver
- No term, covenant, condition, obligation, provision, stipulation or restriction created under these Terms and Conditions may be waived except in writing, signed Savu and in that respect, no waiver:
- of any default in the strict and literal performance or compliance with any other term, covenant, condition, obligation, provision, stipulation or restriction of this Terms and Conditions is deemed to be a waiver of the strict and literal performance of or compliance with any other provision, condition or requirement in this Terms and Conditions; or
- of any term, covenant, condition, obligation, provision, stipulation or restriction in any manner releases any other party from strict compliance with any term, covenant, condition, obligation, provision, stipulation or restriction in the future;
- will prejudice or is prejudiced by any delay or omission of any party to exercise any right under this Terms and Conditions in any manner so as to impair the exercise of any right accruing to it after completion.
- Interpretation
- Unless there is something in the subject or context to the contrary, the following provisions apply in this Terms and Conditions:
- any covenants implied by law, whether statutory or otherwise, are not negated but are, where modification is permitted, deemed to be modified to the extent of any inconsistency with the provisions of this Terms and Conditions;
- if any term, covenant, condition, obligation, provision, stipulation or restriction contained in this Terms and Conditions is or becomes illegal or unenforceable, then this Terms and Conditions must be read and construed as if that term, covenant, condition, obligation, provision, stipulation or restriction, as the case may be, has been severed and the balance of this Terms and Conditions remains in full force and effect;
- a reference to:
- a right includes a benefit, remedy, discretion, authority, entitlement or power;
- a statute, code or other law includes regulations and other instruments under it, and consolidations, amendments, re-enactments or replacements of any of them occurring at any time before or after the date of these Terms and Conditions;
- “dollar” or “$” is a reference to the lawful currency of Australia;
- where:
- any expression is defined, any other part of speech or grammatical form of that expression has a corresponding meaning;
- the word “including” is used, that use does not limit or exclude in any way unless the context requires otherwise;
- Jurisdiction
- This Terms and Conditions is governed by and construed in accordance with the law of Tasmania and the Commonwealth of Australia and each of the parties to this Terms and Conditions submit to the jurisdiction of the Courts of the State of Tasmania and the Courts of the Commonwealth of Australia.
End of Terms and Conditions