Terms & Conditions
Booking and Cancellation Policy
We know babies can be unpredictable and life can sometimes get in the way. If you have booked into a casual group session of masterclass and need to cancel your attendance, please withdraw through the online booking system.
Due to limited booking availability, we request that you cancel with adequate notice. This allows allows another guest to take the free spot.
To cancel your attendance without penalty, you should remove yourself from the class a minimum of 2 hours prior to the scheduled start time for the class. This is considered our Early Cancellation Window.
Unfortunately we cannot accept cancellations by phone, email or any other method other than by using the online booking system.
If you do need to cancel a class, the following fee structure will apply:
Early cancel ($0): If you can no longer make it to your class and you cancel your booking a minimum of 2 hours before the scheduled start time, you won’t forfeit the session, or pay a fee.
Late cancel or No-show ($10): If you cancel within 2 hours of the class commencing or don’t cancel prior to the start time, and do not attend, you will forfeit your session and be charged a cancellation fee of $10.
We love to make room for others wherever possible so please consider this if you are no longer able to attend.
If the masterclass or casual session you’d like to attend is fully booked, we recommend joining the waitlist. Due to our early cancellation window, there are often changes to class attendance and places can become available. If a place opens up for you, you’ll receive a notification via email or text message. You will need to respond to this notification, either accepting or declining your place.
If your plans have changed and you can no longer attend, please notify us as quickly as possible so that your place can be offered to the next member on the waitlist.
If you don’t respond to the waitlist offer notification, or you accept the offer and then don’t attend the class, the no-show fee will apply. Unfortunately you will forfeit your session and be charged a cancellation fee of $10.
If you place yourself on the waitlist and then later realise you’re unable to attend, we encourage you to remove yourself from the waitlist. This avoids you being placed in the class if a spot becomes available. Sometimes places become available for waitlisted members with as little as 1 hour notice, so be sure to remove yourself from the waitlist if you can no longer make it to the class. Thank you in advance!
The best way to attend your preferred classes is to book using our online booking system. This includes booking via our website, the Mindbody website, or the From Day One mobile app. This help us to ensure there is enough space in each class, and also ensure the best experience possible for all guests.
Instead, you may like to attend the studio before the scheduled start time of any class, in the hope to join at the last minute. This is subject to availability, and at the discretion of the specialist.
Casual sessions and masterclasses can be booked up to four weeks in advance via our online booking system, so feel free to plan ahead, remembering that payment is made at the time of booking. To book into a class you can either make a payment at the time of booking or use you complimentary monthly masterclass as part of your From Day One membership.
This Refund Policy ("Policy") applies to the following purchases: Mother's Group, Masterclasses and Casual Sessions.
General
1. We offer refunds, repairs and replacements in accordance with the Australian Consumer Law and on the terms set out in this Refund Policy ("Policy").
2. Any benefits set out in this Policy may apply in addition to consumer's rights under the Australian Consumer Law.
3. Before making a purchase, please read this Policy so that you can understand your rights and what you can expect from us if you are not satisfied with your order.
Australian Consumer Law
Under the Australian Consumer Law:
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled
1. to cancel your service contract with us; and
2. to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
We offer refunds, repairs, and replacements in accordance with the Australian Consumer Law.
The Australian Consumer Law provides a set of Consumer Guarantees that protect consumers when they buy products and services. If the Australian Consumer Law applies, then we cannot avoid the Consumer Guarantees that it provides. If there is an inconsistency between this Policy and the Australian Consumer Law, the Australian Consumer Law will prevail.
Further information about the Australian Consumer Law and these Consumer Guarantees is available from the website of the Australian Competition and Consumer Commission.
If a product or service which you purchased from us has a major failure (as defined in the Australian Consumer Law) then you may be entitled to a replacement or refund. You may also be entitled to compensation for any reasonably foreseeable loss or damage resulting from that major failure. If a product or service which you purchased from us has a failure which does not amount to a major failure (as defined in the Australian Consumer Law) then you may still be entitled to have the goods repaired or replaced.
Cancellation for Change of Mind.
We do not offer any refund if you change your mind, or find the same product or service cheaper elsewhere.
Exceptions
Notwithstanding the other provisions of this Policy, we may refuse to provide a repair, replacement or refund for a product or service purchased by you if:
1. You misused the said product in a way which caused the problem.
2. You knew or were made aware of the problem(s) with the product or service before you purchased it.
3. You asked for a service to be done in a certain manner, or you asked for alterations to a product, against our advice, or you were unclear about what you wanted.
4. Any other exceptions that apply under the Australian Consumer Law.
Response Time
We aim to process any requests for repairs, replacements or refunds within 30 days of receipt.
Questions or concerns
You can contact us at the end of this Policy to discuss a return using the information. Unless otherwise defined in our sole discretion, we shall pay all refunds in the same form as the original purchase or to the same account or credit card used to make the original purchase. To be eligible for a refund, repair or replacement, you must provide proof of purchase. You may be required to provide a government issued identification to qualify for a refund, repair or replacement.
Contact Us
If you wish to speak to us about this Policy or about any refund, repairs or replacements, please contact us at: hello@fromdayone.com.au.
Mother's Groups, Masterclasses, Casual Sessions or events
Payment for Mother's Groups, Masterclasses, casual sessions with specialists, or any other events at From Day One will be required in advance to secure the spot in the session. From Day One does not guarantee availability in any session with confirmation of booking and payment before the session.
No payments are taken on-site at the From Day One location.
Memberships
The Member is personally responsible for payment of the Fees to From Day One and any other payments (if any) set out in the Membership Form or these Terms and Conditions as they fall due.
Membership Fees vary depending on the Membership Level. The Member must pay the Fees applicable to the Membership Level at the relevant time.
The Member may only pay the Fees in advance by direct debit or periodic credit card authority under the Member’s payment direction provided by the Member. No other form of payment will be accepted.
From Day One may refuse access to the Premises if any of the Member’s Fees remain outstanding.
From Day One will collect any
outstanding amounts and any reasonable charges it incurs from late payment through the Member’s payment direction provided by the Member.
The Member is requested to contact
From Day One if the Member has a genuine dispute in relation to the collection of outstanding amounts or the charges From Day One incurs and the parties will endeavour to resolve that matter as soon as practicable.
Termination after the Initial Period
The Member may provide From Day One with notice that the Member wishes this Agreement to end on the expiry of the Initial Period or each Renewal Period, which From Day One must receive at least
7 days’ notice prior to the end of the Initial Period or each Renewal Period.
Reasons for ending membership early
The Member may terminate this
Agreement immediately by providing written notice to From Day One within 14 days of any of the following occurring:
1. From Day One increases the Fees;
2. From Day One changes the Premises;
3. From Day One makes changes to this Agreement that significantly reduces the benefits of the
membership;
or
4. From Day One breaches any terms of this Agreement and fails to rectify that breach within 14 days of the Member giving From Day One notice to do so.
Termination by From Day One
From Day One may terminate the
Member’s membership immediately by emailing or writing to the Member at the contact addresses From Day One has on its records if:
1. the Member commits a serious or
repeated breach of this Agreement;
2. the Member otherwise breaches this Agreement and the breach, if capable of remedy, is not remedied within 14 days of From Day One giving the Member notice to do so;
3. any part of the Fees remain unpaid 14 days after falling due; or
4. the Member provides From Day One with details which the Member knows to be false when applying for membership and these false details may have affected From Day One’s reasonable decision to grant the Member membership.
If From Day One terminates the
Member’s membership for any of these reasons From Day One may (without limiting any other right or remedy) recover any other reasonable costs and expenses that From Day One incurs as a result of the Member’s breach and to collect the full amount of Fees for the remainder of the then current billing period and any arrears.
If From Day One closes the Premises, and From Day One has another premises from which it provides the services, From
Day One will provide the Member with the option to transfer to another premises at the prevailing Fees applicable at that Premises at the time of the Member’s transfer.
From Day One will not charge the Member a transfer fee. If the Member does not wish to accept the transfer to another premises, the Member’s membership will
end on the date that the Premises is closed.
Liability
(a) The Member acknowledges and agrees that information provided by From Day One is for informational and educational purposes only. It is not intended to be a substitute for professional medical advice and should not be relied on as health or personal advice. The Member acknowledges that they will seek the guidance of their doctor or other qualified health professional with any matters regarding the Member’s health or a medical condition. The Member expressly acknowledges and agrees that the membership and the services are provided on an “as is” and “as available” basis, and their use of their membership and the services provided is at the Member’s sole risk.
(b) All Members are entitled to statutory consumer guarantees under the Australian Consumer Law. These guarantees mean that From Day One is required to ensure that the services it supplies to the Member:(i) are rendered with due care and skill;(ii) are reasonably fit for any purpose which the Member, either expressly or by implication, makes known to From Day One and might reasonably be expected to achieve any result the Member has made known to From Day One; and(iii) are supplied within a reasonable time (when no time is set).
(c) From Day One does not exclude, restrict, limit or modify those consumer guarantees. In all other respects and to the maximum extent permitted by law, From Day One will not be liable under this Agreement or otherwise under statute or common law for any loss, damage or inconvenience to the Member (including direct, indirect, incidental, special, consequential or any other loss whatsoever), including arising in connection to:(i) any accident or injury (including death) to any person that may occur on the Premises or related to the membership;(ii) damage to or loss of personal property belonging to a Member or a guest at the Premises; or(iii) any accident or injury (including death), injury, damage, loss or cost suffered or sustained by a Member and their guest arising in connection with a Member’s use, or the guest’s use, of any car park offered,except where and only to the extent that the relevant incident is caused directly by the gross negligence or wilful misconduct of From Day One, its staff, representatives, contractors or its agents.
(d) A Member who (or whose child, guest or visitor) suffers an accident or injury on the Premises must report the accident or injury and the circumstances under which it occurred, to the duty manager immediately following the accident or injury;
PRIVACY POLICY
Your “personal information” (as defined by the Privacy Act 1988 (Cth)) will only be used by From Day One.
From Day One will only disclose such information to third parties to the extent specifically required by law.
You must not photograph or record From Day One or other guests without their express consent.
You consent to From Day One using your image in any promotional materials, including From Day One social media platforms.
From Day One collects personal and
limited sensitive information from and about Members to promote its services.
Representatives of From Day One collect information from the individual wherever possible (except in the case of minors) for the purpose of marketing and fulfilling From Day One’s contractual obligations to a Member and to
administer the sale or complete the application process. A Member’s personal information is usually handled by employees of From Day One, independent contractors, contracted marketing companies, or related/affiliated groups.
Under existing privacy legislation, a Member is entitled to access their own personal information held by From Day One.
For quality control purposes the
Member consents to From Day One recording telephone calls between From Day One staff and the Members.
Guest Policy
From Day One may, at its complete discretion, allow its Members to bring a guest to the premises. The Member's guest can only enter the Premises if signed in by that Member at check-in. The Member must accompany their guest at all times.
It is important for members to bear in mind that they are responsible for ensuring that their guests are aware of and comply with the Terms & Conditions. The guest can only enter the premises if signed in by the member at check-in, and the member must accompany their guest at all times. If the guest fails to comply with the Terms & Conditions or engages in any behaviour that is deemed unacceptable by From Day One, the member will be required to ask the guest to leave the premises. This is to ensure that all members and guests can enjoy a safe and comfortable environment at all times.
A Member who brings in any person onto the Premises on an unauthorised basis will be in breach of this Agreement.
Children aged 17 years of age and under must be supervised at all times by an adult whilst at the Premises.
The Member is responsible for the behaviour and actions of their children while they are at the Premises.
From Day One may suspend or terminate a Member’s membership in the event of a breach of this Agreement (including these Terms and Conditions) by a child of that Member or that of a Member responsible for supervising that child.
From Day One encourages its members to bring their babies who are non-walkers and under 12 months of age. The venue is not suitable for children over 12 months of age or who are walking.
Gift Voucher
Issuer
From Day One Pty Ltd
ABN 48 662 741 193
1. These Terms
1.1 You agree to these Terms when you purchase, activate, redeem, enquire or attempt to use a Gift Voucher.
1.2 The Issuer may amend these Terms at any time without notice.
1.3 These Terms are governed by the laws and Courts of Victoria.
1.4 Where you purchase these Gift Vouchers as a personal or business gift, or for other business uses approved by the Issuer, you must ensure that the end gift voucher holder is made aware of these Terms, including the expiry date.
2. Purchase of Gift Vouchers
2.1 The Issuer issues physical gift vouchers and electronic gift vouchers.
2.2 All Gift Voucher purchases are final and cannot be refunded under any circumstance.
2.3 Physical Gift Vouchers may be purchased from the Issuer online (www.fromdayone.com.au) and will be sent to the recipient or held at the From Day One location for collection.
2.4 Electronic Gift Vouchers may be purchased from the Issuer online (www.fromdayone.com.au)
3. Redemption of Gift Voucher
3.1 A Gift Voucher has no value unless activated in the Issuer’s gift voucher system (System) and payment has been made.
3.2 A Gift Voucher may be redeemed for services carrying the From Day One brand and listed on the From Day One website.
3.3 No change will be given and any balance on the Gift Voucher may only be used in whole or in part against future purchases.
3.4 A Gift Voucher cannot be redeemed for cash.
4. Expiry Date
4.1 A Gift Voucher expires 12 months from date of issue.
4.2 Any balance remaining on a Gift Voucher after the expiry date will not be able to be redeemed by the Gift Voucher holder.
4.3 A Gift Voucher cannot be re-activated at any time.
5. Lost and Stolen Gift Vouchers
5.1 A Gift Voucher must be treated as cash as it will not be reissued, refunded or honoured if lost or stolen.
5.2 A Gift Voucher will only be reissued or honoured where the Gift Voucher is shown to be faulty or damaged due to the fault of the Issuer or a Franchisee, or where there has been a breach of any condition or warranty implied under the Australian Consumer Law.
6. Enquiries and Complaints
6.1 Where a person has a complaint or enquiry about Gift Vouchers, they should contact the Issuer’s office at hello@fromdayone.com.au
6.2 Where a person has a complaint or enquiry about goods or services purchased by a person using a Gift Voucher, they should contact hello@fromdayone.com.au
Other Terms & Conditions
I acknowledge that there are risks associated with participation in the activities and programs offered by CorePlus and I freely accept these risks.
I am not aware of any medical condition that would affect my ability to participate in the activities and programs offered by CorePlus and if I have any concerns about my medical condition I will consult with my physician before participating in the activities and programs offered by CorePlus.
We advise you to chat with your doctor or obstetrician to help you decide what’s best for you and recommend obtaining a letter of clearance before commencing any classes.
From Day One reserves the right to
make reasonable amendments to this Agreement at any time. From Day One will give the Member at least 14 days’ notice by emailing the Member or writing to the Member to tell the Member that changes are being made and that the Member may see the amended Agreement at From Day One’s website or at the Premises.
If the Australian Consumer Law or other relevant legislation applies to the Member, the Member is hereby given the express opportunity to negotiate these Terms and
Conditions. Without limiting any remedies available under the Act, if the Member believes a term contained in these Terms is “unfair” as defined under the Australian Consumer Law, the Member is encouraged to notify From Day One
and the parties will endeavour to resolve that matter as soon as practicable.
All Fees include goods and services
tax (GST). From Day One reserves the right to change the Fees in line
with any government GST rate changes.
From Day One shall not be liable to the Member for any breach of its obligations or termination under these Terms and Conditions
arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, epidemic, pandemic such as COVID-19, volcanoes
and other Acts of God, terrorism, strikes, delay caused by transport disputes, Government edict or regulation.
Any written notice or completed form provided to From Day One must be sent by post or email, or given in person at the reception at the Premises. Only notices delivered to From Day One in one of
these ways will be considered valid notice.
The Member must keep From Day One up to date with the Member’s contact details by notifying
From Day One in writing if the Member’s contact details change. If the Member does not notify From Day One, and the Member’s contact details change, notice given by From Day One to the email or other address From Day One has on its records for the Member will constitute valid notice to the Member under this Agreement.
From Day One may transfer its rights and obligations (or both) under this Agreement, or
subcontract its obligations under it, to another organisation without giving the Member notice and the Member will continue as a member. If the other organisation fails to provide the same (or equivalent) facilities and services From Day One provided, the Member may terminate this Agreement by giving written notice to From Day One.
If From Day One fails to enforce any of its rights at any time, for any period and for whatever reason, this will not take away those rights. Also if From Day One fails to notice or act if the Member breaks any of the terms of this Agreement, this does not mean that the Member’s behaviour is acceptable.
If a Court decides that a term of this Agreement is not valid or cannot be enforced, that term will not apply but this will not affect the rest of this Agreement.
This Agreement is subject to the laws of the State of Victoria.
A Member is fully responsible for all
persons admitted to Premises under their membership.
From Day One may deny entry to and may eject from the Premises anyone whose behaviour is deemed to be inappropriate or unsuitable in From Day One’s sole discretion.
From Day One may deny entry to and may remove from the Premises anyone where From Day One has reasonable grounds to believe that entry into the Premises or their
presence in the Premises may endanger the safety of other Members or the welfare, harmony or good reputation of From Day One.
A Member and all persons at the Premises must obey notices and signs on display at the Premises. It is the Member’s responsibility
to read any information on the notice boards and ensure their guests and any child for whom they are responsible read notices and signs whilst at the Premises.
A Member and all other persons using the facilities must use the facilities in accordance with the notices and instructions for use. Any serious misuse or abuse of the facilities by a Member or their guests will be a breach of these Terms and Conditions.
Pets (with the exception of guide
dogs) are not permitted in the Premises.
Smoking is not permitted anywhere
within the Premises (including all internal and external areas).
The use of cameras for personal use is permitted in the Premises, provided the privacy and consideration of other Members
and guests is maintained. Photography or filming for commercial purposes is not
permitted within the Premises without the prior written permission of From Day One.
Agreement means the Membership Form, these Terms and Conditions and any other written arrangement between the Member and From
Day One;
Australian Consumer Law means the law as set out in Schedule
2 of the Competition and Consumer Act 2010 (Cth);
Commencement Date means the date the Member’s
membership commences;
Content means any content, whether in hard copy, digital, video, pre-recorded, live-stream and other audio-visual presentations and resources From Day One makes available to Members physically,
by email, via its website, via a membership portal or by any other means;
Fees means the fees for the Membership Level;
From Day One means the service provider;
Initial Period means the initial period of the membership;
Member means the person agreeing to the Terms
and Conditions;
Membership Level means the Member’s selected level of
membership;
Premises means 22 Cecil Place, Prahran VIC 3141;
Renewal Period means the renewal period of the membership;
Terms and Conditions means these Terms and Conditions; and
Term means the term commencing on the Commencement Date and continuing for the Initial Period and the Renewal Periods thereafter, subject to termination.
All intellectual property rights within the Content (including all text, software, graphics, sounds, music, videos, images, instructional content and any trademarks or logos) remain From Day One’s property or are licensed to From Day One.
By receiving the Content, the Member agrees:
1. that the Member does not acquire any intellectual property rights in the Content, other than a limited non-exclusive, non-transferable,
non-sublicensable licence to personally use the Content for the Member’s non-commercial personal use in accordance with this Agreement;
2. not to copy, reproduce, alter, remove, broadcast, distribute, publish, damage or otherwise interfere with the Content and
3. to use the Content for the Member’s own personal use and not for any commercial purpose or any purpose prohibited by law.
From Day One may remove, vary, add to or change the content of the Content from time to time.
If the Content is provided electronically, From Day One may temporarily suspend electronic access without notice for security upgrades, maintenance, repair,
systems failures, enhancements, modifications or failure of third party services (such as the internet). The Member releases From Day One from all claims arising from such service interruptions.
From Day One does not take any responsibility for personal items brought into or left at its premises.
Any lost property found must be immediately handed to a From Day One representative.
Lost property items will be held for a period of four weeks only before being given to charity.
From Day One offers referral services to members for specialised medical, health and other services.
The Member acknowledges that any person to whom From Day One refers the Member to is not affiliated with From Day One, and any engagement with that person is a separate engagement between the Member and that person.
If the Australian Consumer Law or other relevant legislation applies to the Member, the Member is hereby given the express opportunity to negotiate these Terms and
Conditions. Without limiting any remedies available under the Act, if the Member believes a term contained in these Terms is “unfair” as defined under the Australian Consumer Law, the Member is encouraged to notify From Day One
and the parties will endeavour to resolve that matter as soon as practicable.
All Fees include goods and services
tax (GST). From Day One reserves the right to change the Fees in line
with any government GST rate changes.
From Day One shall not be liable to the Member for any breach of its obligations or termination under these Terms and Conditions
arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, epidemic, pandemic such as COVID-19, volcanoes
and other Acts of God, terrorism, strikes, delay caused by transport disputes, Government edict or regulation.
Any written notice or completed form provided to From Day One must be sent by post or email, or given in person at the reception at the Premises. Only notices delivered to From Day One in one of
these ways will be considered valid notice.
The Member must keep From Day One up to date with the Member’s contact details by notifying From Day One in writing if the Member’s contact details change. If the Member does not notify From Day One, and the Member’s contact details change, notice given by From Day One to the email or other address From Day One has on its records for the Member will constitute valid notice to the Member under this Agreement.
From Day One may transfer its rights and obligations (or both) under this Agreement, or subcontract its obligations under it, to another organisation without giving the Member notice and the Member will continue as a member. If the other organisation fails to provide the same (or equivalent) facilities and services From
Day One provided, the Member may terminate this Agreement by giving written notice to From Day One.
If From Day One fails to enforce any of its rights at any time, for any period and for whatever reason, this will not take away those rights. Also if From Day One fails to notice or act if the Member breaks any of the terms of this Agreement, this
does not mean that the Member’s behaviour is acceptable.
If a Court decides that a term of this Agreement is not valid or cannot be enforced, that term will not apply but this will not affect the rest of this Agreement.
This Agreement is subject to the laws of the State of Victoria.
Giveaways & Competitions
Entry is open to Australian residents only.
Promotion commences at the date the competition is first published on our social media feeds and entries close up to seven days later unless otherwise stated.
Prizes are not transferable.
Winners will be notified via email or DM.
Each entrant acknowledges that this promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or instagram. In participating in this promotion entrants are providing information to the Promoter (From Day One Pty Ltd) and not to Facebook or Instagram. To the extent permitted by law, each entrant releases Facebook and Instagram from any and all liability in relation to this promotion.
Entrants confirm and promise that their entry, including their story, is original and does not infringe the intellectual property rights of any third party. Further, entrants agree that ownership of any intellectual property rights in their entry, is assigned to the Promoter without the payment of any further fee or compensation.
Entrants acknowledge that the Promoter may use their entry, during the Promotional Period and afterwards, in any manner the Promoter sees fit including to encourage others to enter the competition on Facebook or Instagram.
Entrants acknowledge that any use of their entry by the Promoter during the Promotional Period does not constitute endorsement of their entry or guarantee that their entry will be shortlisted or will win a prize.
Entrants agree to sign any further documentation required by the Promoter to give effect to this arrangement as a precondition to being awarded their prize. To the extent permitted by law, entrants unconditionally and irrevocably consent to any act or omission that would otherwise infringe any moral rights in their entry. Entrants warrant that they have the full authority to grant these rights.
The promoter reserves the right to verify the validity of entries and to disqualify any entrant whom the promoter believes either has tampered with the entry process, or has submitted an entry otherwise than in accordance with these conditions of entry.
The Prize
The Promoter is not responsible or liable for any loss, damage or injury suffered by any winner.
The stated prize value is the recommended retail value (including GST) in Australia as provided by the supplier. The promoter accepts no responsibility for any variation in the value of the prize prior to acceptance by the winner. The promoter and its associated agencies and companies accept no responsibility for prizes damaged or lost in transit.