terms and conditions
1. Acknowledgements
1.1 These Terms and Conditions constitute a legally binding Terms and Conditions between Cradle Mountain Sauna and the User.
1.2 The User expressly acknowledges that the User has:
(a) had a fair and reasonable time and opportunity to read and consider these Terms and Conditions;
(b) fully and properly understood these Terms and Conditions
(c) not relied upon any representation, promise or warranty made by Cradle Mountain Sauna in using any Cradle Mountain Sauna service or facility; and
(d) accepted these Terms and Conditions entirely of the User’s own volition:
(i) after appropriate consideration, reflection, and exercise of independent judgment; and
(ii) without any coercion, force, or undue influence having been exercised upon them either by Cradle Mountain Sauna or by any other person or persons.
1.3 The User expressly acknowledges that Cradle Mountain Sauna is entitled, and may, amend, vary or revoke any term or condition at any time, at Cradle Mountain Sauna’s sole and absolute discretion.
2. Definitions
2.1 Unless there is something in the subject or context to the contrary, the following meanings apply in this Terms and Conditions:
(a) “Business Hours” means the time commencing at 6am (AEST) and ending 10pm (AEST);
(b) “Booking” means a confirmed reservation for either a group session or private session of Cradle Mountain Sauna services;
(c) “Confidential Information” means:
(i) personal information of the User provided by the User to Cradle Mountain Sauna through the Website;
(ii) Intellectual Property of Cradle Mountain Sauna;
(iii) 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;
(d) “Costs” means the amount payable by the User for a session at Cradle Mountain Sauna;
(e) “Cradle Mountain Sauna” means Cradle Mountain Sauna (ABN: 57 408 593 748) and its employees, representatives and permitted assigns:
(f) “Intellectual Property” means all of Cradle Mountain Sauna’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 Cradle Mountain Sauna that party, including but not limited to:
(i) any business name or trading name used by Cradle Mountain Sauna;
(ii) any domain name, handle or other social media identifier or account;
(iii) all patents and patentable subject matter and designs, in each case whether registered or unregistered (including any applications for the grant of them);
(iv) all trademarks, in each case whether registered or unregistered (including any applications for the grant of them);
(v) copyright;
(vi) 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 Cradle Mountain Sauna;
(vii) all business records, user lists, financial information and other material pertaining to the business of Cradle Mountain Sauna;
(viii) any other proprietary, licence or personal rights arising from any intellectual activity or endeavour in the business, industrial, scientific or artistic fields;
(ix) all website source code, integrated software, product customisation, applications, development frameworks, tools and plugins;
(x) 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;
(g) “Terms and Conditions” means these terms and conditions of use of Cradle Mountain Sauna services and facilities;
(h) “User” means the individual accessing or using Cradle Mountain Sauna’s services and facilities; and
(i) “Website” means www.cradlemountainsauna.com.au
3. Provision of Services and Facilities
3.1 Cradle Mountain Sauna provides sauna and related services and facilities to the public as published and promoted on the Website and Cradle Mountain Sauna social-media platforms from time to time.
3.2 All services and facilities offed by Cradle Mountain Sauna are offered in good faith and otherwise on the basis promoted on the Website.
3.3 No other promise, representation or warranty is made by Cradle Mountain Sauna to the User in connection with the use of the services and facilities by the User and Cradle Mountain Sauna expressly excludes any other promise, representation or warranty of any description.
3.4 Cradle Mountain Sauna 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 Cradle Mountain Sauna’s sole and absolute discretion, and Cradle Mountain Sauna 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 Cradle Mountain Sauna under this clause.
4. User Rights and Obligations
4.1 The User is entitled to make a booking for a shared or private sauna session at Cradle Mountain Sauna during Business Hours, subject to availability and booking.
4.2 The User acknowledges and agrees that each iteration of the use of the services and facilities continues for a maximum of sixty (60) minutes per session, or as otherwise set out on the Website.
4.3 The User acknowledges that booking, scheduling or reserving a session time or otherwise for the provision of any Cradle Mountain Sauna service or facility must be done at least one hour in advance on the Website.
4.4 The User may cancel a booking or scheduled session time.
4.5 The User acknowledges and agrees that cancellations made on the Website within 12 hours of the scheduled session time will incur a late fee equal to 50% of the session cost.
4.6 The User acknowledges the capacity of the Sauna is limited to five (5) people per session time.
5. User Covenants
5.1 The User acknowledges and agrees that use of the Cradle Mountain Sauna services and facilities by the User is entirely at the User’s own risk.
5.2 Cradle Mountain Sauna 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 on the User’s personal safety, wellbeing, physical health and/or medical conditions.
5.3 The User warrants to Cradle Mountain Sauna as at the date of this Terms and Conditions and prior to each use of the services and facilities, the User has carefully considered the User’s medical and physical condition, including the below non-exhaustive list of conditions:
(a) pregnancy;
(b) heart attack or stroke;
(c) abnormal heart rhythm;
(d) medications which interfere with your body’s ability to regulate temperature, or medications which make you drowsy;
(e) cardiovascular problems or conditions;
(f) epilepsy,
(g) asthma or breathing conditions;
(h) high or low blood pressure;
(i) arterial disease;
(j) joint or muscle injury; or
(k) any other chronic, acute or medical condition,
and elected to use the Services regardless.
5.4 Notwithstanding the previous recommendation and warranties, the User expressly represents to Cradle Mountain Sauna that the User is, in good health and has no medical condition that could induce any injury or illness to the User or to any other Users, 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.
5.5 The User is solely responsible to maintain sufficient personal hydration throughout the use of Cradle Mountain Sauna and must take all reasonable steps to bring to, and to stay hydrated, during the use of the services and facilities.
5.6 The User warrants that the User is over 18 years old. Children under the age of 18 may use the services or facilities only if they:
(a) are supervised by a responsible adult User at all times; and
(b) are deemed by their supervising adult to be capable of safely enjoying the sauna experience.
5.7 The User acknowledges that by permitting children to use the services and facilities under their supervision, the supervising adult assumes full responsibility for the children's safety, wellbeing, and compliance with these Terms and Conditions.
5.8 The User accepts that items and personal belongings are brought to a Cradle Mountain Sauna facility solely at the User’s own risk and Cradle Mountain Sauna expressly accepts no responsibility for any injury, loss or damage to the User’s property.
6. Express Rights and Obligations of the User
6.1 At all times during the term of these Terms and Conditions and when using the Services, the User must:
(a) co-operate in a timely way with any reasonable request made by Cradle Mountain Sauna;
(b) enter and exit the sauna, or other venue in connection with the provision of the Services with care and take all reasonable steps to prevent damage or loss;
(c) 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;
(d) treat the sauna, 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;
(e) wear underwear or swimwear at all times during use of the Services;
(f) bring two (2) towels to each session, one for sitting on in the Sauna and one for drying off;
(g) pay the Costs.
6.2 At all times during the term of these Terms and Conditions, the User must not:
(a) sleep during use of Services;
(b) drink alcohol, smoke, vape or use essential oils or topical lotions in the sauna, or any other venues in connection with the provision of the Services;
(c) drink alcohol or take recreational drugs before, during or after immediate use of the Services;
(d) bring animals into the sauna, or any other venues in connection with the provision of the Services;
(e) wear shoes in the Sauna, expect insofar as the User reasonable requires shoes for medical purposes, then the User must wear clean flip flops;
(f) make any defamatory statements or comments, whether verbally or in writing, about Cradle Mountain Sauna or Cradle Mountain Sauna’s representatives, agent or employees;
(g) abuse other Users;
(h) take photos of other Users without their consent;
this clause does not merge on the completion, determination or other successful resolution of this Terms and Conditions.
6.3 At all times during the term of these Terms and Conditions, the User acknowledges, agrees and accepts that:
(a) Cradle Mountain Sauna is not responsible for the User’s health; and
(b) Cradle Mountain Sauna is not responsible for the actions, appearance and cooperation of other Users or responsible for circumstances beyond Cradle Mountain Sauna’s control.
7. Express Rights and Obligations of Cradle Mountain Sauna
7.1 Cradle Mountain Sauna is entitled, at all times, to:
(a) choose Cradle Mountain Sauna’s hours of operation;
(b) engage employees and sub-contractors to assist in delivery of the services as Cradle Mountain Sauna may, in its sole and absolute discretion, think necessary from time to time;
(c) use any equipment and resources that Cradle Mountain Sauna deems necessary for the performance of the Services and for that purpose, Cradle Mountain Sauna must provide all equipment and other resources that Cradle Mountain Sauna requires to perform the Services; and
(d) investigate a breach of these Terms and Conditions, which may result in Cradle Mountain Sauna cancelling a User’s session, reporting suspicious behaviour or unlawful activity, disclosing any information necessary or appropriate to relevant persons and authorities, to the extent permitted by law;
(e) 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 Cradle Mountain Sauna and the User;
(f) refuse use of services and facilities, or access to any Cradle Mountain Sauna facility, if Cradle Mountain Sauna deems that the User is intoxicated or a risk to health and safety.
7.2 At all times during the term of these Terms and Conditions, Cradle Mountain Sauna agrees:
(a) to provide the Services in a timely and efficient manner;
(b) to provide the Services with due care, skill and attention as reasonably expected by a person in the User’s position.
7.3 Cradle Mountain Sauna must use all reasonable endeavours at all times to ensure that services and facilities are:
(a) available at the times advertised on the Website;
(b) maintained in good and operable condition;
(c) hygienic, clean and tidy;
(d) comply with all council permit conditions; and
(e) not double booked by multiple Users at any point in time.
8. Services
8.1 Cradle Mountain Sauna 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.
8.2 The service is provided to the User as is and as available, with all faults and defects, without warranty by Cradle Mountain Sauna of any kind.
9. Costs for Services
9.1 The User must pay the session Costs to Cradle Mountain Sauna displayed on the Website at the time of booking.
9.2 Cradle Mountain Sauna reserves the right to revise the cost for any Services at any time.
9.3 The User acknowledges that payment of the Costs can be made through various methods available by Cradle Mountain Sauna, including Visa, MasterCard, American Express cards or online payment methods. Payment cards (credit cards or debit cards) are subject to validation checks and authorisation by the Users card issuer. If Cradle Mountain Sauna do not receive the required authorisation, Cradle Mountain Sauna will not be liable for any delay or non-use of the Services.
10. GST
10.1 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.
10.2 If Cradle Mountain Sauna 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.
11. Electronic Communication
11.1 The User acknowledges that the User is engaging with Cradle Mountain Sauna electronically and provides express content to interact with Cradle Mountain Sauna online, including but not limited to the use of email and electronic communication via the Website, involving the use of notifications and digital communication.
11.2 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 Website (“personal data”).
11.3 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.
11.4 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 Cradle Mountain Sauna immediately.
11.5 Cradle Mountain Sauna will take all reasonably action, but does not guarantee the security of the Website in any way.
11.6 The parties acknowledge and agree that Cradle Mountain Sauna reserves the right to terminate the User’s account on the Website, should the User release any personal data to the detriment of Cradle Mountain Sauna.
12. Content
12.1 Subject to Clause 13.2, the parties acknowledge and agree that the User may post content online about Cradle Mountain Sauna, 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”).
12.2 The User must not release Content that is:
(a) unlawful or promoting unlaw activities, offensive, upsetting, intended to disgust, threatening, defamatory, obscene or otherwise objectionable;
(b) defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups;
(c) unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling;
(d) 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;
(e) impersonating any person or entity including Cradle Mountain Sauna and its employees or representatives;
(f) violating the privacy of any other Member or person associated with Cradle Mountain Sauna;
(g) false information.
12.3 The User is solely responsible for the context, appropriateness, legality and reliability of the Content posted by the User about Cradle Mountain Sauna.
12.4 The User expressly grants Cradle Mountain Sauna the right and licence to use, access, modify, publish, post, display, reproduce and distribute any Content belonging to the User about Cradle Mountain Sauna, including the right for Cradle Mountain Sauna to make the Content available online to third parties by any electronic means of communication, including but not limited to, the Website or any of Cradle Mountain Sauna’s online platforms.
12.5 The User expressly acknowledges that by Cradle Mountain Sauna 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.
12.6 The User acknowledges that Cradle Mountain Sauna may request to take photographs or videos of the User during the provision of the Services for the purposes of marketing, social media and Website content. Cradle Mountain Sauna will only take such photographs or videos with the express consent of the User. The User grants Cradle Mountain Sauna 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.
13. Website
13.1 The User acknowledges and agrees that use of the Website is at the User’s own risk.
13.2 Cradle Mountain Sauna makes no representation, promise or warranty of any kind:
(a) about the operation, quality or reliability of the Website;
(b) 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;
(c) that the Website, or any electronic communication, is without viruses, scripts, or other harmful components,
(d) and the parties agree that Cradle Mountain Sauna will not be liable for any loss or damages of any kind in relation to use of the Website.
13.3 The parties expressly acknowledge that the materials appearing on the Website may include technical, typographical, or photographic errors from time to time.
13.4 Cradle Mountain Sauna may make any changes, update, maintain, add or remove, re-design, improve, or otherwise alter the Website from time to time, without notice, and for this purpose the Website may be disrupted or limited. During such an interruption, Cradle Mountain Sauna will use reasonable endeavours to restore access to the Website as soon as practicable.
13.5 The Website 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 Cradle Mountain Sauna and the User access any third-party links at the Users own risk.
14. Limit of Liability
14.1 Cradle Mountain Sauna is not liable for any loss or damage in connection with, or resulting from, the User’s access to or use of the Website.
14.2 Cradle Mountain Sauna 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.
15. Releases and Indemnities
15.1 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.
15.2 The User releases, discharges and hold harmless Cradle Mountain Sauna 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 of the Services.
15.3 The User indemnifies Cradle Mountain Sauna 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.
15.4 The User unconditionally and irrevocably indemnifies Cradle Mountain Sauna 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.
15.5 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.
16. Confidential Information
16.1 Cradle Mountain Sauna expressly acknowledges that Confidential Information of the User that is provided to or made available to Cradle Mountain Sauna in connection with these Terms and Conditions is confidential and may be commercial-in-confidence material.
16.2 Cradle Mountain Sauna agrees to keep the Confidential Information of the User confidential and to use the Confidential Information only for the purpose of performance of Cradle Mountain Sauna's obligations under this Terms and Conditions.
17. Intellectual Property
17.1 The User acknowledges that Cradle Mountain Sauna will use and apply Intellectual Property belonging to Cradle Mountain Sauna to deliver the Services under this Terms and Conditions.
17.2 The parties expressly acknowledge that all Intellectual Property of Cradle Mountain Sauna remains the property of Cradle Mountain Sauna.
17.3 The User agrees that copying, redistribution or publication by the User of any Intellectual Property or any portion of the Website is strictly prohibited.
17.4 The User acknowledges that the Website may contain words, marks, trademarks, graphics or logos belonging to a third party or affiliates of Cradle Mountain Sauna and the Users access and use of the Website does not constitute any right or license to it without the prior written permission of the corresponding service mark/trademark owner.
17.5 Any conduct of the User in respect of the Cradle Mountain Sauna'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 Cradle Mountain Sauna is entitled to terminate the User’s account and remedy, for which the User expressly acknowledges that a remedy in damages may not be sufficient.
17.6 Nothing in this Terms and Conditions creates or imposes any restriction, limitation or impediment on or against Cradle Mountain Sauna to use or not use the Intellectual Property of Cradle Mountain Sauna in the same or a similar manner for any other purpose.
17.7 The obligations under this clause 18 do not merge on the termination of these Terms and Conditions in any way.
18. Privacy
18.1 Cradle Mountain Sauna 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.
18.2 Cradle Mountain Sauna will not use or disclose the personal information of any User except in accordance with these Terms and Conditions.
19. Termination
19.1 Cradle Mountain Sauna reserves the right to terminate a booking or refuse future services, for any reason including, but not limited to, if the User:
(a) breaches these Terms and Conditions;
(b) becomes insolvent in any way;
(c) loses mental or legal capacity;
(d) fails to pay costs due under these Terms and Conditions;
(e) misuses the sauna or any other venue association with the Services;
(f) acts in a manner that is adversely and materially prejudicial to these Terms and Conditions;
(g) acts in any manner that is in breach of the law;
(h) acts in any manner that threatens to, or does, cause injury, loss or damage to Cradle Mountain Sauna or other Users;
(i) acts in any manner that is offensive, abusive or harassing toward Cradle Mountain Sauna or other Users;
(j) acts in any other manner that is inconsistent with the spirit of these Terms and Conditions.
In the event of termination under this clause, Cradle Mountain Sauna is not liable to refund any Costs already paid.
20. Dispute Resolution
20.1 If any dispute arises between the parties, over any right, obligation or other aspect of these 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.
20.2 Once a party has notified the other party or parties of a dispute 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.
21. Notices
21.1 A notice or other communication in connection with these Terms and Conditions must be sent by email.
22. Performance Obligations
(a) The rights and obligations of the parties under this Terms and Conditions are subject to the express condition that whenever Cradle Mountain Sauna 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.
(b) Any term, covenant, condition, obligation, provision, stipulation or restriction in these 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.
23. Waiver
23.1 No term, covenant, condition, obligation, provision, stipulation or restriction created under these Terms and Conditions may be waived except in writing, signed Cradle Mountain Sauna and in that respect, no waiver:
(a) of any default in the strict and literal performance or compliance with any other term, covenant, condition, obligation, provision, stipulation or restriction of these 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 these Terms and Conditions; or
(b) 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;
(c) will prejudice or is prejudiced by any delay or omission of any party to exercise any right under these Terms and Conditions in any manner so as to impair the exercise of any right accruing to it after completion.
24. Interpretation
24.1 Unless there is something in the subject or context to the contrary, the following provisions apply in this Terms and Conditions:
(a) 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;
(b) 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;
(c) a reference to:
(i) a right includes a benefit, remedy, discretion, authority, entitlement or power;
(ii) 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;
(iii) “dollar” or “$” is a reference to the lawful currency of Australia;
(d) where:
(i) any expression is defined, any other part of speech or grammatical form of that expression has a corresponding meaning;
(ii) the word “including” is used, that use does not limit or exclude in any way unless the context requires otherwise;
25. Jurisdiction
25.1 These 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 these 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