These terms and conditions (Terms) are between Sister Earth Pty Ltd t/a Nova Holistic Spa (ACN 664 251 441) (we, us or our) and you, the person booking or receiving the Services (you or your).
1. Acceptance
You accept these Terms by making a booking, payment, purchase or enrolling in a membership through Phorest. You must be 18 years or older to access our Services.
2. Risk Warning
You understand that participation in our Services may involve risk of physical harm or personal injury. You voluntarily accept these risks and agree to participate at your own risk.
3. Services
We provide holistic wellness services for mind, body and spirit, including but not limited to massage, facials, bathhouse facilities, therapy and related wellness services (Services). We agree to provide the Services to you on these terms and conditions.
4. Access to Services
You can purchase the following to access the Services as set out on Phorest:
(a) a casual session (Casual Session);
(b) a course or session packages (Session Packages); or
(c) a membership (Membership).
Phorest includes the details of the features, inclusions and applicable prices for each option.1. Memberships
You may purchase a membership (Membership) for a period of 12 months as set out on Phorest, or any other period set out by the business or in Phorest. The details of each Membership option will be set, including:
(a) the membership period (Membership Period);
(b) the membership fees and billing frequency (Membership Fees); and
(c) inclusions and benefits for your chosen membership.
During the Membership Period, you will be charged the Membership Fees on a recurring weekly basis as set out.
Your Membership:
(a) is for your personal use only;
(b) cannot be transferred or shared with others;
(c) inclusions and benefits are as set out on Phorest;
(d) inclusions and benefits that are unused do not rollover, subject to any limitations set out on Phorest;
(e) includes a gift pack for personal use in the therapeutic bathhouse. You are responsible for bringing your gift pack to each visit. Replacement items can be purchased if lost or forgotten; and
(f) will automatically renew at the end of the initial Membership Period on a week-to-week basis unless you cancel in accordance with clause 6.
We may change Membership Fees with 14 days’ notice. You may cancel your Membership if you don’t accept the new price by giving 24 hours’ written notice before the new Membership Fees take effect.
2. Membership Enrichment Services (MES)
You may add on a MES to your Membership for additional Services beyond therapeutic bathhouse access. MES are subject to our approval and will incur additional fees which will be charged weekly or monthly as set out in Phorest at the same time as your Membership Fees and will continue for the duration of your Membership Period.
3. Membership Cooling Off Period
If you purchase a Membership, you can cancel within the first 14 days of the Membership (Cooling Off Period) by providing us with notice by email. If you cancel during the Cooling Off Period, we will refund you any pre-paid fees within 30 days of cancellation, less any costs for the Services accessed or used by you prior to cancellation under this clause.
4. Member Services Bookings
Members may book Services in person or by contacting us. Your booking is confirmed once we receive the required deposit if applicable, or when the Membership is applied. We reserve the right to decline any booking at our discretion. If you need to cancel or reschedule the Services after making a booking a min 24hours is required and must be made in writing to bookings@novaspa.au
5. Membership Freeze Period
Elevate and Optimise Memberships may be paused for one week. To pause your Elevate or Optimise Membership, you must provide us at least 7 days’ notice prior to your next billing date.
6. Membership Cancellation
Your Membership continues for the Membership Period as set out on Phorest. If you cancel before the end of the initial Membership Period, we may charge you an administration fee of $50. This fee is a genuine pre-estimate of our loss and administrative costs incurred in setting up your Membership.
7. Termination for breach
These Terms can be terminated by either party (the Non-Defaulting Party) with immediate effect if the other party (the Defaulting Party) fails to fulfill a significant obligation under these Terms. If the Defaulting Party does not correct the breach within 10 business days after receiving written notice from the Non-Defaulting Party, the Non-Defaulting Party has the right to terminate these Terms immediately.
8. Suspension
Where you are a Member, we may suspend the provision of Services to you if:
(a) we reasonably suspect you are in breach of these Terms; and
(b) while we investigate the suspected breach.
If, following our investigation, we reasonably believe you are in breach of these Terms, we may terminate these Terms immediately by written notice to you.
9. Guest Passes
If your Membership includes any guest passes this will be set out in Phorest or our website. Guest passes may only be used for 60-minute bathhouse sessions. To use a guest past, the guest must attend the scheduled 60-minute bathhouse session with you and be booked in advance by contacting us. Guests must not already be a Nova Holistic Spa client.1. Bookings
Bookings can be made online, via our branded app, in person or by contacting us. A 50% deposit is required at time of booking; this will be deducted from your total treatment costs. Card surcharges apply. Your booking is confirmed once we receive the required deposit, or when an applicable Session Package is applied. We reserve the right to decline any booking at our discretion.
2. Group Bookings
Group bookings are for 4-6 people who hire the bathhouse privately. Group bookings may be made through Phorest, via email or phone. If booked through Phorest, we will request names and contact details for all participants for insurance purposes. Group bookings require a 50% deposit at time of booking. Full payment is required one week prior to the booking date or within 14 days of invoice if an invoice is provided.
For group booking cancellations or rescheduling, reduction in participant numbers means the remaining group must cover the cancelled person’s cost. Full group cancellations require email notice with no less than 48 hours' notice, or the booking and payment will be forfeited. These fees are a genuine pre-estimate of our loss due to blocking your appointment time and date which prevents other patrons from booking that slot.
3. Client cancellations and rescheduling bookings
You may request to cancel or reschedule a booking through Phorest or by contacting us via email bookings@novaspa.au.
For cancellations or rescheduling with less than 24 hours' notice (or where you are more than 15 minutes late or do not show):
(a) if you paid a deposit: your deposit will be forfeited;
(b) if you are a Member using Membership inclusions, or using Session Package inclusions: the session will be deducted from your Membership inclusions or Session Package; or
(c) if you paid in full: your payment will be forfeited and charged to your nominated payment method.
These fees are a genuine pre-estimate of our loss due to blocking your appointment time and date which prevents other patrons from booking that slot.
For cancellations or rescheduling with more than 24 hours' notice:
(a) if you paid a deposit: you may transfer any applicable deposit to a future booking, or we may provide a refund at our discretion;
(b) if you are a Member using Membership inclusions, or using Session Package inclusions: the session will be returned to your Membership inclusions or your Session Package; or
(c) if you paid in full: the amount paid will be provided as credit towards your next booking, or we may provide a refund at our discretion.
4. Courses
Booked and paid for upfront, courses are made up of series of services or treatments. These are valid from the purchase date and are exhausted once used up. Any bookings made from these course credits are subject to normal cancellation policy.
5. Nova Holistic Spa cancellation or rescheduling
Due to unforeseen circumstances such as illness or a Force Majeure Event, we may need to cancel or reschedule your booking. We will notify you as soon as possible and reschedule to a mutually agreed time.
We may cancel a booking if you have disclosed health information to us which we determine, in our sole discretion, makes it unsafe for us to provide the Services to you. In such cases, we may reschedule your booking if either:
(a) the health information is no longer relevant; or
(b) you provide written medical clearance from your medical practitioner.
If we cannot reschedule your booking under this clause we will refund the portion of the fees for Services we have not yet provided.1. Payments
The fees will be set out on Phorest when you book or purchase access to the Services. Payment must be made in full at time of booking, unless otherwise set out on Phorest. All amounts paid are non-refundable except as required by Australian Consumer Law. For Memberships, fees will be charged as set out on Phorest.We accept credit cards (except AMEX) | cash | direct debit with our secure booking system
2. Fees
A 50% deposit is required at time of booking; this will be deducted from your total treatment costs. Card surcharges apply. Your booking is confirmed once we receive the required deposit, or when an applicable Session Package is applied. We reserve the right to decline any booking at our discretion.
2. Gift Cards
Gift cards are valid for 3 years from purchase and cannot be redeemed for cash or transferred. Bookings made with gift cards are subject to these Terms.1. Dispute Resolution
In the event of a dispute, the parties will first attempt to resolve the matter through mutual discussion or mediation.
2. Governing Law
These Terms are governed by the laws of Tasmania.
3. Liability
We will perform the Services with reasonable care and skill. However, we are not liable for any indirect or consequential losses that may arise. Subject to your consumer law rights, our total liability under these Terms is limited to the fees paid by you. To the maximum extent permitted by law, you participate in our Services at your own risk and must inform us of any health conditions that may affect your participation.
4. Photography and Videography
With your consent, we may take photographs and/or videos in connection with the Services and use them for marketing and promotional purposes.
5. Subcontracting
We reserve the right to subcontract any portion of the Services at our discretion without needing to get your written approval beforehand. We commit to being fully responsible for fulfilling our obligations under these Terms, and we will ensure that any subcontractors we employ will adhere to the terms of these Terms as if we were performing the Services directly.
6. Waiver
All clients will be requested to complete a waiver form before accessing their first Service. The waiver form will be provided through Phorest, at the time of booking. Our Services are not medical treatment and do not replace professional medical advice. You should consult a health professional for any medical concerns.
7. Your Obligations
You agree that as a condition of entry and in order to access our Services:
(a) you will comply with our reasonable requests and requirements;
(b) you will provide accurate information to us;
(c)you will follow all posted signage and directions on our premises;
(d) you will maintain appropriate hygiene and dress standards;
(e) you will not engage in disruptive, dangerous, or inappropriate behaviour;
(f) you will not attend if you are suffering from any illness that could risk others' health or safety;
(g) you will inform us of any physical or medical conditions that may affect your participation;
(h) you will not attend if under the influence of alcohol or non-prescription drugs; and
(i) you will treat our staff, other patrons, our premises and equipment with respect.
9. Definitions-
Force Majeure Event: An event beyond our reasonable control, including but not limited to natural disasters, government restrictions, pandemics, or significant infrastructure failures.
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Member: A person who has purchased a Membership.
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Phorest: Our third-party booking platform used for making bookings and processing payments. Access to and use of Phorest is governed by their terms and conditions. You may be required to create an account with Phorest to make a booking.
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