Terms of service

IMPORTANT LEGAL NOTICE

Thanks for being a KIC member! We love having you as part of our empowering community.

These Terms of Service (Terms) govern your access to and use of:

(a) the website at https://kicwellness.com/ and all associated websites (the Site);
(b) the KIC application and related digital interfaces (the App);
(c) KIC's physical fitness and wellness studio premises located at 93 Cubitt Street, Cremorne, VIC, 3121 (Studio) and any other physical premises or locations from which classes, workshops, events or related in-person services made available by or on behalf of KIC are conducted (Studio Services);
(d) live-streamed or pre-recorded classes, sessions, workouts, events or other content delivered by or on behalf of KIC via digital platforms (Online Classes);
(e) any digital programs, wellness content, resources and other digital services made available by or on behalf of KIC;
(f) any consumer products made available by or on behalf of KIC through the Services;
(g) any artificial intelligence-enabled, machine learning-enabled or automated assistance features made available through the Site or App from time to time (AI Features); and
(h) any additional products or services made available by or on behalf of KIC from time to time,

(together, the Services).

The Services are provided to you by KIC Wellness Pty Ltd (ACN 654 770 279) and our related bodies corporate (KIC, we, us or our).

Please read these Terms carefully before using our Services, as your use of any part of the Services is subject to these Terms. If you do not accept these Terms, do not use the Services.

1 Definitions

1.1 In these Terms:

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended from time to time.

Booking Platform means any online booking, scheduling or payment platform used by KIC from time to time, including Mindbody or any replacement platform.

Classes means both Studio Classes and Online Classes.

Consumer Products means physical consumer products offered by KIC through the Services from time to time.

Instructors means all fitness trainers, lead trainers, studio hosts, studio managers and other personnel providing services on behalf of KIC.

Online Classes means any live-streamed or pre-recorded classes, sessions, workouts, events or other content delivered by or on behalf of KIC via digital platforms.

Related Parties means, in relation to KIC, its directors, officers, employees, Instructors, contractors, agents, volunteers, landlords, related bodies corporate and their respective officers and employees.

Studio Classes means classes, sessions, workouts or events delivered by KIC at the Studio.

2 Introduction

2.1 When does your Agreement start and finish?

By creating a KIC account (User Account), registering for, subscribing to, purchasing, participating, accessing, or otherwise using any part of the Services, or completing the steps for sign-up, you agree to be bound by:

(a) these Terms;
(b) our Privacy Policy available at https://kicwellness.com/policies/privacy-policy;
(c) any applicable laws and regulations; and
(d) any reasonable direction by us, including those required by law,
(e) (together, your Agreement).

In the event of any inconsistency between any document that is part of your Agreement and another document, these Terms shall prevail to the extent of the inconsistency, unless expressly stated otherwise.

Your Agreement commences on the date you first access or use the Services and continues until it is terminated or not renewed in accordance with these Terms.

2.2 Responsibility for use of the Services

You agree that you are responsible for:

(a) your use of the Services, including for all activity carried out through or in relation to your User Account; and
(b) any person aged 16 or over but under 18 (Minor) who uses the Services with your consent and under your supervision.

If you permit a Minor to use the Services, you agree to be bound by these Terms on behalf of the Minor and responsible for the Minor’s compliance with it.

2.3 Policies

From time to time, we may publish policies applicable to the Services on the Site or App https://kicwellness.com/. You must comply with all policies applicable to the Services.

3 Use of the Services

3.1 User Eligibility

Unless we expressly state otherwise, you must be at least 18 years old to create a User Account or use the Services. If you are under 18, you may only use the Services if you are at least 16 years old and have the consent and supervision of a parent or legal guardian, who agrees to be bound by these Terms.

By creating a User Account or using the Services, you represent and warrant that you are eligible to do so under this clause.

3.2 User Account

You may need to create a User Account to access some parts of our Services. If you create a User Account, you must provide the information reasonably requested by us for account creation and administration. You:

(a) must maintain the confidentiality of your login details;
(b) must not share, transfer, sell or otherwise provide your login details to any other person;
(c) must immediately notify us of any suspected or actual unauthorised access to your User Account;
(d) are responsible for maintaining and updating the accuracy of the information you provide to us relating to your User Account; and
(e) are responsible for ensuring that any device you use is capable of using the Services you have purchased.

Your use of the Services is subject to fair usage restrictions. We may disable or downgrade features within the Services at our sole discretion (acting reasonably).

3.3 User Content

When using your User Account, you may upload, create or input content, including photos, videos, text, any other material added, generated or submitted through your User Account (User Content). User Content must comply with this Agreement and all applicable laws.

You are at all times responsible for all User Content uploaded, created or submitted through your User Account.

We reserve the right, for any reason, to remove, restrict access to, or decline to publish any or all of your User Content without prior notice.

You understand and acknowledge that, when you submit content in any form to the Service, we may authorise such content to be distributed or syndicated to or published on other KIC owned or operated environments or the web platforms of any of our affiliates.

3.4 AI Features

Where you use any AI Feature made available through the Services, you are responsible for the information you choose to submit to that feature.

Any response, suggestion, reframe, prompt or other content generated by an AI Feature is generated automatically based on the information provided by you. The results are informational only and do not constitute medical, psychological, psychiatric, therapeutic, counselling, clinical, nutritional or other professional advice, diagnosis, treatment or recommendation.

You acknowledge and agree that any content generated by an AI Feature may be incomplete, inaccurate, generic, subjective, outdated or unsuitable for your circumstances. You are solely responsible for reviewing any AI-generated content and deciding whether to use, edit, replace or ignore it.

AI-generated content is not individually reviewed by KIC before being shown to you. To the maximum extent permitted by law, any output generated by an AI Feature is provided “as is” and we do not make any representations or warranties of any kind, whether express or implied, in relation to that output, including as to its accuracy, completeness, reliability, safety, suitability or fitness for purpose.

You must not use any AI Feature:

(a) in breach of these Terms, any applicable law, or in a manner that infringes the rights of any other person;
(b) as a substitute for advice from a qualified health professional; or
(c) in an emergency, crisis or urgent support situation.

You must not interfere with, disable or circumvent any restrictions, safeguards or protective measures that apply to AI Features.

3.5 Important health disclaimers

The Services include information, content and guidance relating to nutrition, yoga, exercise, fitness, mind health and meditation. The Services are provided for general informational and self-guided wellness purposes only.

KIC is not a medical, psychological, psychiatric, therapeutic, counselling, clinical or nutritional service provider. Nothing in the Services constitutes medical or other professional advice, diagnosis, treatment or recommendation.

Before starting any diet, yoga, exercise, fitness or wellness program, attending Studio Classes, or acting on any content made available through the Services, you should obtain independent advice from an appropriately qualified health professional relevant to your circumstances.

You must not rely on the Services or any AI Feature as a substitute for professional health advice.

If you believe you may require urgent or emergency assistance, do not rely on the Services or any AI Feature. Contact emergency services or an appropriate urgent-care provider immediately.

Health advice is often updated and refined over time as medical knowledge and research develop. While we aim to keep the Services current, we do not guarantee that any information made available through the Services is the most recent, complete or appropriate information for your circumstances.

If you experience discomfort, pain, distress or any unexpected side effect during any activity, you should stop the activity and seek appropriate assistance.

3.6 Restrictions on use of the Services

You must not use or attempt to use the Services to:

(a) infringe or interfere with the legal rights, privacy, confidentiality or safety of any other person;
(b) upload, create, share, distribute or provide any material that is unlawful, harmful, threatening, harassing, discriminatory, defamatory, obscene, offensive, misleading or otherwise inappropriate;
(c) affect the reliability, security or effectiveness of the Services or to modify or merge the Services with any other software;
(d) expose us or any of our suppliers to liability, other than our obligation to provide the Services to you in accordance with your Agreement;
(e) resell, distribute, reproduce, commercialise or otherwise exploit any part of the Services except as expressly permitted by these Terms;
(f) scrape, harvest, data-mine or otherwise extract content or information from the Services;
(g) upload or transmit any viruses, malicious code or harmful material;
(h) access any unauthorised part of the Services; or
(i) engage in fraud, misleading or deceptive conduct, or hide or attempt to hide your identity.

If we reasonably believe that you are using the Services in a way that breaches your Agreement or applicable law, we may require you to stop immediately. If you fail to comply, or if the breach is serious, we may take any action reasonably necessary to ensure compliance, including suspending, restricting or cancelling your access to the Services.

3.7 Linking to the Services

You may link to the Services, provided that:

(a) you do so in a fair and lawful way that does not damage or take unfair advantage of our reputation;
(b) you do not establish a link in a way that suggests any form of association, approval or endorsement by us where none exists; and
(c) any website, application or other medium from which you link complies with applicable law and does not contain content that is unlawful, misleading, offensive or otherwise inconsistent with these Terms.

We may withdraw linking permission at any time by notice to you.

4 Third Party Content

The Services may include or make available information, materials, content, resources, links, integrations, applications, websites, products or services provided by third parties (Third Party Content).

Third Party Content is provided for convenience and general informational purposes only. Unless we expressly state otherwise, we do not control, review, approve, endorse or make any representation or warranty in relation to any Third Party Content, including as to its accuracy, completeness, reliability, suitability, availability, quality or performance.

If you access or use any Third Party Content, including any third-party website, application, integration, product or service linked to or made available through the Services, you do so at your own risk and may be subject to that third party’s terms and privacy practices.

Nothing in the Services should be taken to imply that KIC sponsors, endorses, approves of, or is affiliated with any third party, unless we expressly state otherwise.

5 Subscription

5.1 Subscription Fees

By creating a User Account and/or subscribing to a subscription plan to access the App, Studio Services, or any other part of the Services that require a subscription (Subscription Services), you agree that we have the right to charge and collect payment for the Services (Fees).

Fees are determined and paid in advance. All Fees payable for each subscription type will be stated to you at the time of purchase and may be updated from time to time in accordance with these Terms. To maintain use of the Subscription Services to which you subscribe, you must make payment of all Fees owed by you.

Unless otherwise specified, the Fees are shown in Australian dollars (AUD) and are inclusive of GST.

We may change the price of our Services from time to time; however, any price will apply to you no earlier than 30 days following notice to you. You can manage your account and cancel your Subscription Services before the next renewal cycle:

(a) by contacting us at hello@kicwellness.com for Site-based subscriptions;
(b) through your User Account settings, where that functionality is made available to you by us; and
(c) by following the relevant cancellation process through Apple Subscriptions or Google Play, if you subscribed through those platforms.

5.2 Billing and payment method

Our Subscription Services include an auto-renewal feature. You agree that we have the right to charge and collect payment of the applicable Fees on a recurring basis at the applicable renewal rate, unless you cancel your Subscription Services in accordance with the cancellation terms set out in clause 16.3.

Fees may be processed by us or by third parties on our behalf. By subscribing to any of our Subscription Services, you authorise the applicable third-party payment provider to receive, store, and encrypt your payment information.

You may update your payment information through your User Account or following the relevant process through Apple Subscriptions or Google Play, as applicable.

You acknowledge that any payment of Fees is also subject to the terms and conditions specified by the third-party payment provider, as the payment collector.

We do not provide refunds or credits (including any unused portion of the current billing period), unless required under the applicable local consumer law that applies in your jurisdiction. However, KIC may, in its absolute discretion and on a case-by-case basis, offer a refund, credit or other remedy where it considers it appropriate having regard to the relevant circumstances.

If a payment fails or is declined, we may suspend, cancel or restrict access to the Subscription Services until payment is fully processed.

6 Changing the Agreement

6.1 Changes we will notify you of

Except for the changes described in clause 6.2, we will give you at least 30 days’ written notice before we make a change that may adversely affect you or that could interfere with your enjoyment of the Services.

If you do not agree to a change made to your Agreement, you may elect to cancel your Subscription Service.

6.2 Changes we may notify you of

We may make changes to this Agreement without first notifying you if those changes are:

(a) beneficial or neutral changes, or changes that will not interfere with your enjoyment of the Services; or
(b) changes permitted by law where we are required to, or reasonably consider it fair to, make such a change.

6.3 Free Trial

From time to time, we may offer a trial period for new User Accounts (Trial). Trials may be offered free of charge or at a reduced Fee. The length and specific terms of any Trial will be disclosed at the time it is made available. By accessing a Subscription Service during a Trial, you acknowledge that you are bound by the Agreement.

If a Trial is offered to you, you are eligible for one Trial only. You may not register for, or attempt to register for, multiple or consecutive Trials.

To commence a Trial, you must provide valid payment details. Unless you cancel before the end of the Trial period, your Trial will automatically convert into a fully paid version of the relevant Subscription Service, and we will charge your nominated payment method for the applicable Fees in accordance with this Agreement.

7 Studio access and conduct

7.1 Studio access requirements

Access to the Studio and Studio Classes requires:

(a) a valid subscription that includes Studio Classes or payment of applicable fees;
(b) advance booking through our Booking Platform;
(c) compliance with all Studio rules and safety requirements; and
(d) execution of our Studio and Online Class Liability Waiver, where required.

You must arrive on time for Studio Classes. Late arrivals may be refused entry for safety reasons.

You must follow all Studio rules, signage, and reasonable directions from KIC staff and Instructors at all times.

Where we refuse entry to, restrict participation in, or require you to stop participating in a Studio Class due to noncompliance with the requirements above, or for health, safety or wellbeing reasons, that decision does not entitle you to a refund or credit unless otherwise required by law or expressly stated otherwise by KIC.

You must wear appropriate clothing suitable for physical activity. Inappropriate attire may result in refusal of entry.

7.2 Health Requirements

You must not attend the Studio or any Studio Classes if you:

(a) are unwell with a communicable illness (including, without limitation, fever, COVID-19, influenza or gastroenteritis);
(b) have been advised by a health professional to isolate or avoid group activities; or
(c) have any condition that may pose a risk to yourself or others during physical activity.

7.3 Studio Class Booking and Cancellation

Studio Classes must be booked in advance through our Booking Platform. Bookings are confirmed subject to availability and may be limited based on your subscription plan and Studio capacity.

You may cancel Studio Class bookings up to 6 hours before the scheduled start time without penalty through the Booking Platform.

Late cancellations (less than 6 hours before class start) and no-shows will result in forfeiture of class credits or applicable fees, unless due to documented medical emergency or circumstances beyond your reasonable control.

7.4 Pregnancy policy

If you are pregnant or suspect that you may be pregnant:

(a) you must not participate in any heated Studio Classes (including but not limited to hot yoga, infrared sauna sessions, or any class conducted in a heated environment);
(b) you must obtain written medical clearance from your health practitioner confirming you are fit to participate in Studio Classes and provide that clearance to us before attending any class; and
(c) you must notify the Instructor at the commencement of each Studio Class you attend.

Instructors may modify your participation in, or refuse your entry to, any Studio Class where they have concerns regarding your health, safety or wellbeing.

7.5 Physical Activity and Studio Safety

You acknowledge that participation in physical activity and Studio Classes involves inherent risks, including the risk of physical injury, aggravation of existing conditions, slips, falls, serious medical events and exposure to communicable illness.

By participating in Studio Classes, to the maximum extent permitted by law, you assume those risks, except to the extent caused by our fraud, gross negligence, wilful misconduct or liability that cannot lawfully be excluded.

If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical or medical condition that may affect your participation in a Class, you should seek advice from an appropriately qualified health professional before participating in any Class or using any related Services.

If you experience discomfort, pain or any unexpected side effect during a Studio Class or other physical activity, you must immediately stop the activity and seek appropriate assistance.

7.6 Filming and content use

You acknowledge and agree that:

(a) Studio Classes may be filmed, photographed and/or audio recorded by or on behalf of KIC;
(b) while recordings typically focus on Instructors, your image, voice and/or reflections may be incidentally captured; and
(c) recordings may be used in the App, Site, training materials, social media channels, advertising and other marketing content.

To the maximum extent permitted by law, you consent to the creation and use of those recordings for those purposes.

If you do not wish to be recorded, please notify us before the relevant class or event. We cannot guarantee that incidental capture will always be avoided in a group environment.

7.7 Studio operational changes

We may, acting reasonably, make changes to Studio Classes, timetables, Instructors, class formats, room allocations, temperature settings, class capacities, waitlists, and other operational aspects of Studio Services from time to time.

Without limiting the above, we may:

(a) change the time, date, location or duration of a Studio Class;
(b) substitute an Instructor;
(c) change the format, structure or content of a Studio Class;
(d) change the room in which a Studio Class is conducted or the temperature or environmental settings of that room;
(e) impose, change or remove class capacity limits, waitlists or booking restrictions; or
(f) cancel, reschedule, combine or discontinue a Studio Class, where reasonably necessary for operational, safety, staffing, demand, maintenance or other legitimate business reasons.

We will use reasonable efforts to notify you of any material changes, cancellations or rescheduling affecting your booking as soon as reasonably practicable.

Unless otherwise required by law or expressly stated otherwise by KIC, a change made under this clause does not entitle you to a refund or credit, except where we cancel a Studio Class and do not offer you a reasonable alternative, in which case we may reinstate any class credit used or provide such other remedy as we determine is appropriate, subject to your rights under applicable law.

8 Consumer Products

8.1 Orders

By placing an order for our Consumer Products through the Site or the App, you submit an order to purchase the Consumer Products that you have selected pursuant to these Terms.

We may accept or reject an order in our discretion. An order is not binding on us unless and until it has been accepted by us. Once accepted, an order cannot be cancelled or varied without our prior agreement.

All orders for our Consumer Products are subject to availability and confirmation of the order price. Dispatch times may vary according to availability. Please see our Shipping Policy at https://kicwellness.com/policies/shipping-policy for further information.

Acceptance of each order for Consumer Products will take place if or when we notify you in writing that your order has been accepted, at the time at which such notification is sent by us via email.

8.2 Payment Terms

By completing an order and accepting these Terms, you agree that we may charge and collect payment for the Consumer Products.

All charges and payment terms for purchases will be as stated to you at the time of purchase and are payable at the time of purchase.

From time to time, we may accept payment for orders of Consumer Products using third party payment providers. Payments made through payment gateways are subject to the payment gateway’s own terms and conditions and privacy policy in addition to these Terms. We do not accept any responsibility for any errors made by any payment gateway.

8.3 Prices and taxes

All prices are quoted in Australian dollars (AUD) and, unless otherwise stated, are inclusive of Goods and Services Tax (GST).

The price payable for a Consumer Product will be the price displayed at the time your order is submitted, subject to any genuine and obvious pricing error.

We may change the price of our Consumer Products from time to time.

8.4 Cancellation of orders

We reserve the right to cancel an order (in full or in part) prior to delivery by providing written notice to you, where the following circumstances occur:

(a) unavailable stock (in which case we will contact you via email to offer a solution);
(b) a Consumer Product is subject to a voluntary or compulsory recall;
(c) there has been a genuine and obvious pricing or product description error by us in connection with the order; or
(d) we suspect your order is fraudulent.

Where an order is cancelled by us pursuant to this clause 8.4, you will be refunded for any amount paid by you for the order.

If you wish to cancel your order, please contact us at hello@kicwellness.com. An order can only be cancelled by you where a written request for cancellation has been made by you and accepted by us in writing.

We may decline to accept any request for cancellation or make its acceptance conditional on such terms and conditions as we reasonably see fit, including that you pay all reasonable costs incurred by us up to and including the date of cancellation of the order.

8.5 Suitability of Consumer Products

You are responsible for satisfying yourself that the Consumer Products are suitable for your requirements and intended use. Except as expressly stated in these Terms or as required by applicable law, you acknowledge that you have not relied on any representation or warranty made by us as to the suitability of the Consumer Products for your particular requirements. Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under applicable consumer protection laws, including the Australian Consumer Law.

8.6 Use of Consumer Products

You accept full risk and responsibility for your use of the Consumer Products and any other person to whom you grant access to the Consumer Products.

When using the Consumer Products, you must comply with, and use all reasonable endeavours to ensure that any third party complies with:

(a) the terms of this Agreement;
(b) any reasonable guidelines or direction we may issue from time to time; and
(c) all applicable laws.

8.7 Delivery

We will deliver the Consumer Products as directed by you in your order. You are responsible for ensuring that:

(a) the delivery details provided are accurate and complete; and
(b) the nominated delivery location is safe, suitable and accessible for the delivery of the Consumer Products.

We may charge for delivery. Any applicable delivery charges will be notified to you prior to completing your order.

Any delivery date provided is an estimate only and is based on the circumstances existing at the date of your order. We will not be responsible for delay in delivery caused by circumstances for which we are not responsible for or have no control over.

Title and risk of loss pass to you on delivery of the Consumer Products to the address nominated by you.

For further information about shipping, delivery timeframes and related matters, please see our Shipping Policy at https://kicwellness.com/policies/shipping-policy.

8.8 Returns policy

Our Consumer Products are supplied with guarantees that cannot be excluded under applicable consumer protection laws. For example, the Australian Consumer Law provides that you are entitled to a replacement for a major failure. You are also entitled to have the Consumer Products repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

Returns, exchanges and refunds will be handled in accordance with your rights under applicable law and our Refund Policy at https://kicwellness.com/policies/refund-policy.

You must notify us promptly if a Consumer Product fails to function correctly upon delivery so that we can attend to your claim immediately.

We do not provide refunds for change of mind unless required under applicable consumer laws.

8.9 Discount codes

We may offer discount codes to be used on the website or the Application in relation to some promotions. The conditions of a discount code will be specified at the time of issue.

8.10 Additional terms

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you wish to participate in such a campaign, promotion or contest, you must agree to the relevant terms and conditions applicable to that campaign, promotion or contest.

For the avoidance of doubt, where there is any inconsistency between such terms and conditions and these Terms, the terms and conditions for the relevant campaign, promotion or contest will prevail to the extent of the inconsistency.

9 Gift vouchers

9.1 Gift vouchers:

(a) are valid for a period of 36 months from date of purchase and must be redeemed within this period;
(b) are single use only;
(c) must be redeemed online via the Site;
(d) are not redeemable for cash;
(e) will not be replaced if lost, stolen, destroyed, photocopied or altered; and
(f) may not be redeemable where a user purchases a Subscription Service through Apple or Google.

10 Intellectual Property and User Content

10.1 Intellectual Property Rights

The Services, and all materials contained within or generated by the Services, are protected by our or our suppliers’ intellectual property rights, including software, code, templates, visual supports, images, icons, designs, graphics, text, data, trade marks, and other intellectual property (“Intellectual Property”).

Nothing in these Terms transfers ownership of Intellectual Property to you or grants you any right to use, copy, reproduce, share, sell, license, distribute or otherwise exploit any part of the Intellectual Property unless expressly permitted under these Terms or with our prior written consent. Prohibited actions include, but are not limited to, framing, linking, or reposting such material.

You agree to indemnify us and our suppliers against any losses or legal costs resulting from your breach of this clause, except where such loss is caused by our or our suppliers’ gross negligence, fraud, or wilful misconduct.

If you become aware of any unauthorised use of such material, you must notify us immediately.

10.2 Licence to use Services

We grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Services and Intellectual Property strictly in accordance with these Terms for your own ordinary personal and non-commercial use.

10.3 User Content

You retain ownership of User Content created solely by you and any intellectual property rights contained therein.

You warrant that you have all necessary rights, permissions and consents to upload or submit User Content, and that the upload of the User Content will not infringe on any third party’s intellectual property rights.

By uploading, creating, or submitting User Content through your User Account, you grant us a worldwide, non-exclusive, royalty-free, sublicensable licence to:

(a) host, store, use, reproduce, modify, display, communicate and otherwise handle User Content for the purpose of providing, operating and improving the Services; and
(b) use de-identified or aggregated information derived from User Content for analytics, service improvement or feature development.

This licence continues for as long as your User Content is stored within or used in connection with the Services.

All User Content jointly developed, or contributed to by you, will immediately vest in us upon creation. Any materials we create from the User Content will be owned by us.

11 Warranties

11.1 Mutual warranties

Each party represents and warrants that:

(a) it has the legal capacity and authority to enter into these Terms;
(b) its entry into and performance of these Terms does not breach any other agreement or legal obligation binding on it; and
(c) you have not relied on any representation made by us which has not been expressly stated in these Terms,

and you acknowledge that we have relied on the above representations and warranties in agreeing to provide the Services to you in accordance with these Terms.

11.2 Your warranties

You represent and warrant that:

(a) you are physically and medically fit to safely participate in any Classes you choose to attend and have obtained appropriate medical advice if you have any ongoing medical conditions, injuries or concerns; and
(b) all information provided by you, including your health information, is accurate and not misleading;

11.3 Exclusion of warranties

You agree that:

(a) the Services are provided on an “as is” and “as available” basis and without warranties of any kind either express or implied;
(b) we do not warrant that the functions, information, insights, data (whether raw or manipulated and whether collected or provided by us or any other person), or analysis which form part of the Services will be complete, accurate, meet your needs or expectations, be fit for your purpose, or that the operation of the Services will be uninterrupted or free from errors or viruses;
(c) the Services do not constitute medical, clinical, therapeutic or professional advice. The Services are not a substitute for professional diagnosis, treatment or assessment, and you must seek advice from qualified healthcare providers for any medical or psychological concerns;
(d) to the maximum extent permitted by applicable law, we are not responsible for:
1. (i) Third Party Content or other material created or displayed through the Services, including miscommunications or unintended outcomes resulting from use of the Services, including AI Features;
2. (ii) the completeness, accuracy or reliability of any third-party information or content accessible via the Services; or
3. (iii) interruptions, delays or faults caused by third-party systems, networks, integrations or circumstances outside our reasonable control;
(e) to the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in these Terms are excluded; and
(f) where any law implies a condition, warranty or guarantee which may not lawfully be excluded, then, to the maximum extent permitted by applicable law, our liability for breach of that non-excludable condition, warranty, or guarantee will, at our option, be limited to the supply of the Services again or payment of the cost of re-supply of the Services.

12 Consumer rights

Your Agreement never operates to exclude or modify any consumer guarantee or right conferred by the Australian Consumer Law or any other applicable law that cannot be lawfully excluded (where they apply) or to limit your remedies for breach of them in a way that is not permitted by law.

13 Liability Generally

13.1 Liability generally

(a) Except where we are liable to you under these Terms or under applicable law, we exclude, to the maximum extent permitted under law, all liability arising under or in connection with this Agreement, and any applicable Service whether direct, indirect or consequential and whether arising under common law, statute or otherwise, and whether or not of a kind of which we are or should be on notice.
(b) Each party’s liability under or in connection with these Terms is proportionate to the extent to which that party contributed to the relevant liability.
(c) Nothing under these Terms limits either party’s liability to the other in connection with:
1. (i) the party’s indemnification obligations under these Terms; or
2. (ii) the fraud, gross negligence or wilful misconduct of that party.

13.2 Limitation of Liability

Subject to clause 13.1, each maximum aggregate liability to the other party arising out of these Terms will not exceed, as applicable:

(a) the Fees actually paid by you to us under these Terms in the 12 months immediately preceding the first event or circumstance which gave rise to the relevant liability;
(b) the price paid by you to us under these Terms for the purchase of a Consumer product;
(c) the amount paid by you to access the Services; or
(d) $100.

14 Indemnity

You agree to indemnify and hold us (including our employees, independent contractors, agents, and/or permitted subcontractors) harmless (and must pay and compensate on demand) from and against all damage, claims (including third party claims), demands, suits, causes of action, awards, judgments and liabilities, including the cost of defending or settling any claims, demands, suits, causes of action, awards, judgments and liabilities (collectively, Claims) arising out of or alleged to have arisen out of:

(a) your fraud, negligence or wilful misconduct;
(b) your breach of these Terms (including a breach of a representation or warranty given by you under clause 11);
(c) your use of the Services, including but not limited to any actual or alleged infringement, misappropriation, or violation of the rights of any third party;
(d) your failure to follow Instructor directions or safety instructions;
(e) any injury you cause to other Studio participants;
(f) your violation of any law or the rights of a third party;
(g) our acting in accordance with these Terms or otherwise making any decision in good faith in relation the provision of any Services,

provided that any amount payable by you to us pursuant to this indemnity must be reduced by an amount that represents the extent to which the Claims are caused by the gross negligence, fraud, misconduct, or breach of these Terms by us.

15 Insurance

You are responsible for arranging and maintaining your own insurance (including health, medical, personal accident or income protection insurance) as you consider appropriate for participation in Studio Classes and use of Studio facilities.

16 Termination

16.1 When we may suspend or cancel the Services

Without limiting other rights, we may suspend or cancel your Services without prior notice if:

(a) you breach clause 3;
(b) you breach any other clause of the Agreement, and the breach is likely to cause serious or permanent harm to any person (including us or our suppliers);
(c) you intimidate, abuse, insult, harass or threaten any staff member, or those of our partners or suppliers by any means;
(d) you make frivolous complaints; or
(e) you breach any other clause of this Agreement which is not capable of remedy, or which is capable of remedy and is not remedied within 5 business days of our written request that you do so.

16.2 Ending your access to the Studio

Without limiting other rights, we may suspend or ban your access to the Studio for:

(a) breach of a Studio conduct rule;
(b) breach of this Agreement;
(c) health requirements or concerns;
(d) or safety protocols.

16.3 Request by you to cancel the Services

You can cancel the Subscription Services:

(a) by contacting us at hello@kicwellness.com for Site-based subscriptions;
(b) through your User Account settings, where that functionality is made available to you by us; and
(c) by following the relevant cancellation process through Apple Subscriptions or Google Play, if you subscribed through those platforms.

You will continue to have access to the Subscription Service you subscribed to until the end of the billing period.

For Subscription Services, you must cancel at least 24 hours before the renewal date. If you cancel the Services within 24 hours of auto-renewal or after we have started providing the Services to you, we won’t refund any Fees you have already paid to us.

16.4 Terminating this Agreement

Termination means that this Agreement, or the specific Service under it, comes to an end and only occurs once all obligations under these Terms have been met, or the obligation is waived in writing by the party owed the obligation.

You may terminate one or more Services without affecting any other active Services, unless expressly requested by you to terminate all Services. We may terminate one or more of your Services at our discretion within 30 days’ written notice via email. The termination of a specific Service does not automatically terminate your other active Services unless stated otherwise.

Once a Service is terminated, you will not be able to use that Service and the associated User Account may also be closed.

17 Written communications

Applicable laws require that some of the information or communications we send to you should be in writing.

When using the App or using the Services via the App, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the App.

For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

18 Disputes and complaints

If you wish to dispute any aspect of the Services (including billing), or if you wish to make a complaint about any aspect of the Services, you can do so by emailing us at hello@kicwellness.com.

We will use best endeavours to resolve your dispute or complaint. However, if you are not satisfied with how we handle your dispute or complaint, you may refer the dispute or complaint to external parties, such as:

(a) your local fair trading or consumer affairs authority; or
(b) the relevant data protection or privacy authority in your jurisdiction.

19 General

19.1 Novation and assignment

You agree that we may assign all or part of our rights under these Terms to any party at any time, provided we give you 30 days’ prior written notice.

You agree and give your consent that this agreement may be novated (that is KIC will be replaced as a party to this agreement by another party) to any other party by either us or the party to whom this agreement will be novated giving notice to you, provided that the novation is on terms no less favourable to you than the terms of this agreement immediately before the novation.

You cannot assign or novate all or part of your rights and obligations under this agreement (other than in accordance with this paragraph), unless we provide our consent in writing (which will not be unreasonably withheld).

19.2 Force Majeure

A party is excused from performance of an obligation under these Terms (other than payment) while prevented by Force Majeure (an act of God or other cause beyond reasonable control) if it notifies the other party and uses reasonable efforts to mitigate. That party’s obligations resume once the Force Majeure ceases.

19.3 Entire agreement

To the extent permitted by law, this Agreement embodies the entire agreement of the parties in relation to its subject matter and supersedes any and all prior agreements, understandings, representations and undertakings, whether oral or in writing.

19.4 Severance

If any provision or part of a provision of these Terms is held or found to be void, invalid or otherwise unenforceable (whether in respect of a particular party or generally), it will be deemed to be severed to the extent that it is void or to the extent of voidability, invalidity or unenforceability, but the remainder of that provision will remain in full force and effect.

19.5 Waivers

Without limiting any other provision of these Terms, the parties agree that:

(a) failure to exercise or enforce, or a delay in exercising or enforcing, or the partial exercise or enforcement of, a right, power or remedy provided by law or under these Terms by a party does not preclude, or operate as a waiver of, the exercise or enforcement, or further exercise or enforcement, of that or any other right, power or remedy provided by law or under these Terms;
(b) a waiver given by a party under these Terms is only effective and binding on that party if it is given or confirmed in writing by that party; and
(c) no waiver of a breach of a term of these Terms operates as a waiver of another breach of that term or of a breach of any other term these Terms.

19.6 Survival

Any term or condition which is expressed to survive, or which by its nature survives, the expiry or termination of these Terms will survive any expiry or termination of these Terms, including but not limited to clauses 4, 10, 11, 12, 13, 14, 16 and 19, and any accrued rights or liabilities arising before expiry or termination.

19.7 Governing law and jurisdiction

These Terms are governed by the laws in force in Victoria, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts having jurisdiction in that state.

Last updated on 30.04.2026