Terms & Conditions
Overview
This website is operated by Hiyoga Henderson Throughout the site, the terms “we”, “us” and “our” refer to Hiyoga Henderson. Hiyoga Henderson 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.
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.
Section 1 - General Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority 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
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content, 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.
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 and Timeliness of Information
We are not responsible if 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 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 become available exclusively online through the website. These products or services may have limited quantities and are subject to returns as covered under the Consumer Guarantees Act.
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.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Section 6 - Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 7 - Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 8 - User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 9 - 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 10 - 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 11 - 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 Hiyoga Henderson, 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 12 - Indemnification
You agree to indemnify, defend and hold harmless Hiyoga Henderson 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 13 - 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 14 - 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 15 - 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 16 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.
Section 17 - 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 18 - Contact Information
Questions about the Terms of Service should be sent to Hiyoga Henderson
Section 19 - Membership, Bookings, Studio Policies, Cancellations & Refunds
A. General
By purchasing a membership, introductory offer, class pack, drop-in class, workshop, event ticket, challenge entry, or any other service offered by Hiyoga Henderson, you agree to comply with these Terms and Conditions.
All memberships, passes, offers, and bookings are personal to the purchaser and may not be transferred, shared, sold, or assigned to another person.
Hiyoga Henderson reserves the right to amend membership structures, pricing, timetables, instructors, studio policies, and service offerings at any time.
B. Introductory Offers
Introductory offers are available to new students only and may only be purchased once per person unless otherwise stated.
Introductory offers are non-transferable, non-refundable, and cannot be paused, extended, exchanged, or redeemed for cash.
Any misuse of introductory offers may result in cancellation without refund.
C. Weekly Membership (Subscription) Terms
Weekly memberships require a minimum commitment period of twelve (12) weeks from the membership commencement date unless otherwise stated at the time of purchase.
Following completion of the minimum term, memberships continue on an ongoing basis until cancelled in accordance with these Terms and Conditions.
A minimum of two (2) weeks' written notice is required to cancel a weekly membership.
Cancellation requests must be submitted by email to henderson@hiyoga.nz.
Membership payments will continue during the cancellation notice period.
Memberships remain active and chargeable until cancellation has been received and confirmed by Hiyoga Henderson.
Failure to attend classes, temporary absence, travel, injury, illness, relocation, or non-use of a membership does not cancel payment obligations.
Unsubscribing from marketing communications does not cancel a membership.
D. Fixed-Term Memberships
Fixed-term memberships, including the 12-Month Unlimited Membership, are fixed-term agreements.
These memberships are non-refundable and non-transferable.
Early termination does not entitle the member to a refund, credit, transfer, or reimbursement for any unused portion of the membership term.
E. Class Packs & Drop-In Classes
Class packs and drop-in classes are prepaid and non-refundable.
Unused class credits cannot be refunded, transferred, exchanged for cash, or assigned to another person.
Class pack expiry dates apply where specified at the time of purchase.
Drop-in classes are valid only for the booked participant and cannot be transferred to another person.
F. Class Bookings
Bookings are strongly recommended for all classes.
Students are responsible for managing their own bookings through the studio booking platform.
Waitlisted students may be automatically added to a class if a space becomes available.
Hiyoga Henderson reserves the right to change instructors, class formats, schedules, or cancel classes where reasonably necessary.
Where a class is cancelled by Hiyoga Henderson, an alternative class, credit, or other suitable remedy may be provided at the studio's discretion.
G. Class Cancellation & No-Show Policy
Classes must be cancelled at least ninety (90) minutes before the scheduled class start time to retain the class credit.
Late cancellations made within ninety (90) minutes of the scheduled class start time will result in forfeiture of the class credit.
Failure to attend a booked class without cancelling will be treated as a no-show and the class credit will be forfeited.
Class credits will not be automatically reinstated for late cancellations or no-shows.
Cancellation timeframes are calculated from the scheduled class start time, not from the time the booking was made.
Unlimited membership holders who repeatedly late cancel or fail to attend booked classes may have their booking privileges restricted.
H. Late Arrival Policy
Students are encouraged to arrive at least fifteen (15) minutes before class.
New students should arrive at least twenty (20) minutes before their first class.
For the safety and experience of all participants, studio doors may be locked at the scheduled class start time.
Late entry is not guaranteed and may be refused at the discretion of the instructor or studio staff.
Missed classes due to late arrival will be treated as a late cancellation or no-show.
I. Membership Freezes
Weekly memberships may be frozen for up to four (4) weeks per calendar year for travel, injury, illness, or other approved circumstances.
Freeze requests must be submitted in writing to henderson@hiyoga.nz before the requested freeze commencement date.
Freezes cannot be applied retrospectively.
Freeze requests exceeding four (4) weeks may incur a $20 administration fee unless supported by a valid medical certificate.
Hiyoga Henderson reserves the right to approve, decline, or modify freeze requests.
J. Payment Responsibilities
Members are responsible for maintaining a valid payment method for all recurring memberships.
Failed payments may result in suspension of booking privileges, cancellation of future bookings, administration fees, or suspension of membership benefits until the account is brought up to date.
Any costs incurred by Hiyoga Henderson in recovering overdue payments may be recoverable from the member where permitted by law.
K. Promotions, Discounts & Challenges
Promotional offers, introductory memberships, referral incentives, corporate discounts, workplace wellness discounts, special promotions, and challenge events are subject to the specific terms advertised at the time of the promotion.
Unless otherwise stated:
• Promotions cannot be combined with any other offer.
• Promotional pricing is available only during the advertised promotional period.
• Promotional memberships are non-transferable.
• Promotional purchases are non-refundable.
• Hiyoga Henderson reserves the right to modify, suspend, withdraw, or extend any promotion at any time.
For promotional challenges:
• Participants must comply with all published challenge requirements.
• Attendance must be recorded through the studio booking system.
• Hiyoga Henderson reserves the right to verify attendance records.
• Final eligibility for prizes is determined solely by Hiyoga Henderson.
• Prize substitutions may occur where necessary.
L. Health & Safety
Students participate in all classes, workshops, events, and activities at their own risk.
By attending classes, you acknowledge that yoga, Pilates, fitness, and wellness activities involve physical exertion and carry inherent risks.
You confirm that you are physically capable of participating and will inform instructors of any injury, illness, pregnancy, medical condition, or circumstance that may affect your participation.
You agree to stop participating immediately and seek appropriate medical advice if you experience pain, dizziness, illness, discomfort, or any adverse symptoms during participation.
If you are uncertain whether participation is suitable for you, you should seek medical advice before attending.
M. Personal Property
All personal belongings are brought onto studio premises at the owner's risk.
Hiyoga Henderson accepts no responsibility for any loss, theft, or damage to personal property.
N. Photography & Marketing
From time to time, photographs and videos may be taken within the studio for marketing, promotional, educational, or social media purposes.
If you do not wish to appear in photographs or video content, you must notify Hiyoga Henderson in writing prior to participating.
O. Refund Policy
Memberships, subscriptions, introductory offers, class packs, drop-in classes, workshops, events, promotional purchases, challenge registrations, and other studio services are non-refundable.
No refunds will be provided for:
• Change of mind.
• Incorrect purchase selection.
• Non-attendance.
• Scheduling conflicts.
• Travel.
• Relocation.
• Injury or illness.
• Personal circumstances.
• Failure to use purchased services.
• Failure to cancel in accordance with studio policies.
Cancellation of a membership stops future payments only and does not entitle the member to a refund of fees already paid.
Payments already processed cannot be reversed.
Any credits, exceptions, transfers, or goodwill adjustments are granted solely at the discretion of Hiyoga Henderson management.
P. Consumer Guarantees Act
Nothing in these Terms and Conditions excludes, restricts, or modifies any rights available under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other applicable New Zealand legislation.
However, change-of-mind purchases, non-attendance, personal circumstances, injury, illness, relocation, travel, and failure to comply with studio cancellation policies do not create an entitlement to a refund where such refund is not required by law.
20. Consumer Guarantees Act
Nothing in this policy excludes rights under the New Zealand Consumer Guarantees Act where applicable. However, change-of-mind purchases and failure to follow cancellation procedures do not entitle members to refunds.