LOYLY PTY LTD. T/A CEDAR & SALT – TERMS AND CONDITIONS

Our Disclosures:

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

Our liability under these terms is limited as set out in the Limitations section below.

Your participation in sauna and wellness activities may expose you to risks.

Cancellations made within 12 hours of your session will result in forfeiture of payment or conversion to credit at our discretion. Cancellations must be made via your online profile at www.cedarandsalt.au/login to be eligible for a refund. We do not accept cancellations by phone on email.

You must follow our Sauna Etiquette Guidelines.

Fee Changes: We may need to change our fees occasionally. If we do, we'll give you 14 days’ notice. The new price will apply to orders 14 days after we notify you. You can cancel your subscription anytime if you do not agree with a price change.

We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site or for featuring certain products or services on the Site.

Nothing in these terms limit your rights under the Australian Consumer Law.

1.Introduction

This website is operated by Loyly Pty Ltd. t/a CEDAR & SALT (ACN 668 905 511) (we, our or us). These terms and conditions (Terms) govern your use of our website and the purchase of products through our website. By using our website or placing an order, you accept these Terms and enter into a binding agreement with us.

2. Acceptance and Use of Services

a)You accept these Terms by booking a sauna session via the Site, in person, or by attending your session. You must be at least 16 years old to book and use our sauna services.

b)When using our services, you must not:

  1. provide false or misleading information about your health or medical conditions;

  2. attend your appointment under the influence of alcohol or drugs;

  3. engage in behaviour that may cause harm to yourself, our staff, or other clients;

  4. use our facilities for any unlawful purposes; or

  5. facilitating or assisting a third party to do any of the above acts.

3. Supervision Requirements

a) Participants under 16 must:

  1. be accompanied by a parent or legal guardian at all times during the session;

  2. have their parent/guardian complete a separate Liability Waiver;

  3. have their parent/guardian warrant the child's fitness and health for sauna activities;

  4. follow reduced session durations if recommended by our staff; and

  5. have constant supervision.

b) If you are supervising a child under 16, you warrant that:

  1. you understand the increased risks to children from temperature-based activities;

  2. the child is in good health and fit to participate;

  3. you will maintain constant supervision throughout the session;

  4. you will immediately remove the child if they show signs of distress; and

  5. you accept full responsibility for the child's safety and wellbeing.

4. Booking and Services

a) You may book sauna sessions or purchase packages through our Site. Package options may include multiple sessions at a discounted rate.

b) We may, at our absolute discretion, accept or reject any booking. Once we accept your booking, a binding agreement is formed for the provision of sauna services to you in accordance with these Terms.

c) All bookings are subject to availability and staff scheduling. We will confirm your appointment time via email or SMS.

Booking Process

d) All bookings must be made through our website or approved booking platforms. When you make a booking, you are making a binding agreement to attend the scheduled session and pay the applicable fees.

e) We may, at our absolute discretion, accept or reject a booking request.

Session Types

f) We offer various session types including:

  1. Individual sauna sessions;

  2. Group bookings (>1 Person)

  3. Private sauna packages (up to 12 people)

  4. Special events.

Third Party Participants

g) If you purchase sessions, credits, or packages for another person, or if someone else uses credits/codes on your behalf:

  1. each participant must complete their own separate Liability Waiver;

  2. each participant must individually accept these Terms and Conditions;

  3. the person attending the session becomes bound by all terms regardless of who made the payment; and

  4. the purchaser remains responsible for payment obligations.

5. Membership Services

a) We offer membership packages with ongoing access to our facilities and services. Membership terms include:

  1. Minimum Term: All memberships have a minimum term of 14 days from commencement.

  2. Cancellation Notice: Members must provide 7 days written notice to cancel their membership, effective at the end of the current billing period or minimum term, whichever is later.

  3. Changes: We may modify membership benefits or fees with fourteen (14) days written notice. You may cancel if you disagree with changes, effective when the changes take effect.

6. Sauna session Price and payments

a) You must pay us the full price for your sauna service at the time of booking, in accordance with this clause. All amounts are stated in Australian dollars and Australian GST (where applicable) will be set out separately.

b) You must pay the Price upfront using one of the methods set out on the Site.

c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

d) The payment methods we offer are set out on the Site. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

e) We may from time to time issue promotional discount codes for certain products or services on the Site.

f) To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site.

g) The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

7. Membership Price and payments

a) Where you elect to pay Membership fees by direct debit, you:

  1. agree to enter into a DDR Service Agreement with our nominated financial institution;

  2. authorise us and our financial institution to debit your nominated bank account or credit card in accordance with your DDR;

  3. acknowledges and agrees that each direct debit payment will incur a $1.25 transaction fee per transaction for bank accounts and $1.25 or 2.2%, whichever is greater, for Visa and MasterCard;

  4. must ensure sufficient funds are available in your account for each scheduled debit;

  5. must provide at least 48 hours' notice of any changes to your nominated account or credit card details;

  6. acknowledge and agree that if a debit is returned by your financial institution as ‘unpaid’:

  • we may charge you a dishonour fee in addition to any fees charged by the financial institution;

  • we may suspend your subscription services until outstanding amounts are paid;

  • you remain liable for all subscription fees during any suspension period

8. Cancellation Policy:

a) More than 12 hours before session: Full refund available or credit.

b) Less than 12 but more than 8 hours before session: No refund – credit only for future use (at our discretion).

c) No show: Full forfeiture of session fee.

d) Credits issued must be used within 3 months of issue date or will expire.

e) You may reschedule appointments with at least 12 hours' notice, subject to availability.

f) You may have rights under the Australian Consumer Law (see below) in addition to this clause.

g) All cancellations must be made through your online profile at www.cedarandsalt.au/login to qualify for a refund or credit. Please note that we’re unable to process cancellations by phone or email.

9.Australian Consumer Law

a) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law (Consumer Law Rights). In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

b) Where your claim is a valid claim under the Australian Consumer Law, we will assess the failure and provide an appropriate remedy which may include re-performance of the service at no additional cost to you, a partial refund, or a full refund of the session fee. Please contact us for further information.

10.Limitations

a) Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:

  • neither party will be liable for indirect, consequential, or special losses or loss of profits, revenue, or business opportunities;

  • each party's liability will be reduced proportionately where the loss was caused or contributed to by the other party's acts, omissions, or failure to mitigate their losses; and

  • each party's total liability arising from or relating to these Terms or the products will not exceed the amount paid for the specific products that are the subject of the relevant claim.

11.Risk Warning and Waiver

a) Sauna use, cold water immersion, ice baths, and related wellness activities carry inherent risks including but not limited to:

  1. burns from contact with sauna heaters operating at high temperatures;

  2. heat exhaustion, dehydration, or overheating from prolonged sauna exposure;

  3. cold shock response, hypothermia, or cardiac stress from sudden temperature changes;

  4. drowning in natural water bodies, pools, or ice baths where no lifeguard supervision is present;

  5. slips and falls on wet surfaces around saunas, pools, and bathing areas;

  6. exacerbation of pre-existing medical conditions including cardiovascular, respiratory, or circulatory disorders;

  7. fainting, dizziness, or loss of consciousness due to extreme temperature exposure;

  8. cuts or injuries from sharp edges;

  9. infection from communal bathing facilities or natural water sources;

  10. panic attacks or claustrophobia in enclosed sauna spaces;

  11. reduced ability to regulate body temperature, particularly in children under 16 and elderly participants; or

  12. weather-related hazards including but not limited to storms, high winds, or dangerous surf conditions affecting outdoor activities.

  • You acknowledge and voluntarily accept these risks. To the maximum extent permitted by law, you agree to participate at your own risk.

  • You warrant that you are in good physical health and have consulted with a medical practitioner if you have any concerns about your ability to safely participate in these activities.

  • If you are supervising children under 16, you acknowledge that children have reduced ability to regulate body temperature and require constant supervision and shortened session durations as recommended by our staff.

12.Intellectual property

a) All intellectual property rights in our website, products, content, branding, and materials (including copyright, trademarks, and designs) remain our property at all times.

b) Subject to these Terms, we grant you a limited, non-exclusive, non-transferable licence to use our intellectual property solely for your personal use of the products or our website as intended.

c) You must not, without our prior written consent:

  1. copy, reproduce, distribute, sell, publish, or broadcast our intellectual property;

  2. use our intellectual property for commercial purposes or revenue generation;

  3. modify, adapt, or create derivative works from our intellectual property;

  4. frame or embed our content in another website; or

  5. remove or alter any copyright notices or proprietary markings.

d) You may share our content on social media or personal blogs provided you:

  1. do not claim ownership of our intellectual property;

  2. do not imply our endorsement unless explicitly agreed in writing; and

  3. do not damage our reputation or use our content in any illegal, misleading, or deceptive manner.

e) If you submit content to our website (such as reviews, comments, or feedback), you:

  1. grant us a worldwide, royalty-free, non-exclusive licence to use, modify, and display that content for our business purposes;

  2. warrant that you own the content or have permission to submit it;

  3. acknowledge that we may remove any content at our discretion; and

  4. remain responsible for ensuring your content does not infringe third-party rights or violate any laws.

Photography and Social Media

f) Consent to Photography

  1. By using our services, you consent to us taking photographs and videos during your session or at events for use in our marketing, social media, and promotional materials.

g) Opt-Out Rights

  1. You may opt out of photography at any time by notifying staff.

  2. You may request to opt out during online booking.

  3. We will make reasonable efforts to exclude you from photographs when requested.

  4. For children under 18, separate parental consent is required for any photography.

h) Your Rights

  1. You may request removal of images containing you by contacting us via the email below.

13.General

a) Disputes: Before commencing court proceedings, the parties must first meet to attempt to resolve any dispute in good faith. If this fails, the parties will engage a mediator, with mediation costs shared equally. This does not prevent either party from seeking urgent court orders when necessary.

b) Notices: All notices must be in writing and sent to the contact details provided during your order or to our details below. Notices sent by post are deemed received after 48 hours, and emails are deemed received when sent.

c) Force Majeure: Neither party will be liable for delays or failures caused by events beyond their reasonable control (such as supply chain disruptions, cyber attacks, natural disasters, government actions, or pandemics), provided the affected party promptly notifies the other party and uses reasonable efforts to minimise the impact.

d) Assignment: You cannot transfer your rights or obligations under these Terms without our written consent.

e) Privacy: We collect, use, and disclose your personal information in accordance with our privacy policy available on our website.

f) Governing law: These Terms are governed by the laws of New South Wales. Both parties submit to the exclusive jurisdiction of the courts operating in New South Wales and any appeal courts, and waive any objection to proceedings in those courts.

g) Third Party Financial Services: Where we offer payment processing through third-party financial institutions, your use of these services is subject to separate terms and conditions with those providers. We are not liable for the performance, security, or policies of third-party payment processors.

h) Marketing Communications: During booking, you may choose to receive promotional emails and SMS messages about our services, events and/or special offers.

14.Definitions

a) Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probable results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Price under these Terms will not constitute “Consequential Loss”.

b) DDR means Direct Debit Request

c) DDR Service Agreement means the agreement between you and our nominated financial institution governing direct debit arrangements

d) Fees means all charges, costs and other amounts payable by you to us under these Terms or as specified in your account, including any applicable transaction fees and other charges.

e) Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.

f) Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

g) Sauna Etiquette Guidelines means instructions and rules including but not limited to requirements regarding appropriate conduct, safety protocols, personal hygiene and respect for other users as issued by us from time to time.

For any questions and notices, please contact us at:

Loyly Pty Ltd. t/a CEDAR & SALT (ACN 668 905 511)

Email: Rob@loyly.com.au