WEBSITE TERMS OF SERVICE
- AGREEMENT TO THE TERMS
1.1. The Client agrees to the Terms:
1.1.1. by clicking to agree to the Terms made available to the Client in the user interface on the Website; or
1.1.2. by agreeing to the Terms made available to the Client by email.
1.2. These Terms are published on the Website. You can request a hard copy of the Terms at the Studio.
1.3. The Terms may be amended at any time. Notice of any changes to the Terms will be published on the Website or made available by way of email or in person at the Studio. Please familiarise yourself with these Terms and regularly check for updates.
- REGISTRATION OF ACCOUNT
2.1. The Client must first register an Account through the Website before he or she can pay for a Class or Class Package enabling delivery of the Services.
2.2. To register for an Account, you will be required to provide personal information including:
2.2.1. email address;
2.2.2. user name;
2.2.3. mailing address;
2.2.4. telephone number;
2.2.6. relevant health information.
2.3. You warrant that any information you give to Pilates Plus in completing registration for an Account is accurate and complete. If there are changes to your personal information, you must notify us as soon as possible at email@example.com.
2.4. When an Account is opened, you will be granted access to purchase a Class or Class Package to enable delivery of the Services for the Services Period.
- FEES AND PAYMENT
3.1. The Client agrees to pay the Fees for the selected Services.
3.2. In paying the Fees, you acknowledge and agree that it is your responsibility to ensure that the Services are suitable for your use.
3.3. Payment of the Fees is made using client management software owned and operated by Bookings Essential Pty Ltd (Bookings Essential). In using the Website and paying the Fees, you warrant that you have read, understood and agree to be bound by Bookings Essential Terms of Service which are available on their website.
3.4. Otherwise, you can pay the Fees by way of:
3.4.1. credit card payment;
3.4.2. electronic funds transfer into our nominated bank account; or
3.5. You acknowledge and agree that where a request for the payment of the Fees is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Fees.
3.6. You acknowledge and agree that Pilates Plus can vary the Fees at any time and that the varied Fees will come into effect following the conclusion of the existing Services Period.
- CLASS ATTENDANCE AND CANCELLATION OR FAILURE TO ATTEND
4.1. The Client must pre-book his or her attendance at a Class delivered at the Studio or online through Bookings Essential available on the Website.
4.2. If you cancel your booking for a Class up to twenty-four (24) hours prior to the scheduled commencement of the Class, you will not be charged for that Class.
4.3. If you cancel your booking for a Class less than twenty-four (24) hours prior to the scheduled commencement of the Class or fail to attend the scheduled Class, Pilates Plus is not liable for any refund, credit, transfer or compensation of any kind for cancellation of your booking or failure to attend the scheduled Class.
4.4. If your cancellation of a Class or failure to attend a Class is by reason of extenuating circumstances, Pilates Plus may, at its absolution discretion, grant you a credit for that Class.
- YOUR OBLIGATIONS AS A CLIENT
5.1. that you are solely responsible for protecting the confidentiality of your password and/or email address;
5.2. that use of your registration information by any other person is strictly prohibited. You agree to immediately notify Pilates Plus of any unauthorised use of your password or email address or any breach of security of which you have become aware;
5.3. that any authorised use of your password and/or email address may result in the immediate cancellation of your Account.
- GENERAL CONDITIONS OF ENTRY AND DELIVERY OF SERVICES
7.1. Pilates Plus reserves the right to refuse the Client entry to the Studio or eject the Client from the Studio in the event the Client:
7.1.1. is affected by drugs and/or alcohol;
7.1.2. engages in unlawful or unauthorised conduct including, but not limited to, obscene, offensive, disorderly, aggressive or dangerous behaviour that threatens the health and safety of other persons at the Studio.
7.2. If required by Pilates Plus, the Client must provide valid identity documentation (Australian driver’s licence, passport, Medicare or proof of age card) upon entry to the Studio. We reserve the right to refuse entry to persons who are unable to provide valid identity documentation.
7.3. Pilates Plus endeavours to deliver their Services in accordance with the Class Schedule. However, a Class is subject to change or cancellation. We will give you notice of any changes or cancellation to a Class. We are not liable for any refund, credit, transfer or compensation of any kind for any Class that is changed or cancelled.
7.4. Pilates Plus provides open storage for your personal belongings at the Studio. However, you acknowledge and agree that you use that storage at your own risk. We take no responsibility for the safekeeping of any personal belongings.
7.5. If the Client does not collect his or her personal belongings within a period of sixty (60) days after they are found, Pilates Plus reserves the right to donate those personal belongings to charity or dispose of them.
7.6. If you tamper with, steal, or cause loss or damage to the personal belongings of another person at the Studio, you will be permanently banned from entering the Studio and accessing the Services.
7.7. You are required to wear appropriate attire for participation in a Class at our Studio. We reserve the right to refuse entry to our Studio and Class if your attire is inappropriate or contains offensive prints or design.
7.8. Our Pilates instructors are not medically qualified to assess your physical and mental health and fitness and cannot provide advice on your ability to participate in a Class without causing harm to your health and safety. You acknowledge and agree that you participate in any form of exercise and movement in a Class at your own risk.
7.9. All our instructors are qualified Pilates instructors. We ask that you pay attention to directions from the Pilates instructor during a Class to reduce the risk of injury, pain or discomfort.
7.10. You must inform us if you have any medical condition that puts your health and safety at risk. If you have a medical condition, we ask that you seek professional advice and approval to participate in a Class. You acknowledge and agree that you participate in in a Class at your own risk.
7.11. You acknowledge that our Pilates instructors may make physical contact with you to assist with the use of Props or to correct your body position and movement during a Class in accordance with industry practice methods. These practice methods are designed to maintain a safe Pilates experience for you, to enhance your learning of Pilates and grow your capacity to practice Pilates. You acknowledge and agree that your participation in these practice methods is entirely at your own risk.
7.12. You are required to wear socks and use a towel in a Class in order to maintain appropriate standards of hygiene.
7.13. Smoking is prohibited inside the Studio.
7.14. You must only use equipment, mats and Props supplied by the Studio in accordance with instructions given as to their use and for no other purpose.
7.15. You must not damage or remove any equipment, mats or Props supplied by Pilates Plus from the Studio.
- DUTY TO REIMBURSE FOR DAMAGE OR LOSS
8.1. The Client must leave the Studio and equipment, mats and Props supplied by Pilates Plus in a tidy, safe and proper condition to our reasonable satisfaction.
8.2. The Client is liable for:
8.2.1. any damage to the Studio, equipment, mats or Props supplied by Pilates Plus;
8.2.2. replacement of any equipment, mats or Props damaged beyond repair or that is missing;
caused by the wrongful act or omission of the Client.
- INTELLECTUAL PROPERTY
9.1. All Intellectual Property created by Pilates Plus for the Services and any related products is the exclusive and sole property of Pilates Plus, together with any derivatives of the Intellectual Property.
9.2. You are expressly prohibited from reproducing any materials provided by us to you and understand and agree that such an action would amount to a breach of our Intellectual Property Rights, entitling us to take immediate action against you to enforce our rights.
- LIMITATION OF LIABILITY
10.1. Nothing in this Agreement is intended to exclude any right or guarantee to which you are entitled under the Australian Consumer Law.
10.2. Pilates Plus will not be liable for any personal injury or death suffered by the Client or any person under the Client’s control howsoever arising in connection with the Services pursuant to s139A of the Australian Consumer Law.
10.3. Our liability to you is limited to the fullest extent permissible by law, including by limiting liability under section 64A of the Australian Consumer Law to (at our option) providing the Services again or the cost of providing the Services again.
You indemnify us against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the Services.
- TERMINATION OF CONTRACT
12.1. These Terms will continue to apply until terminated by either the Client or Pilates Plus as set out below.
12.2. If you want to terminate the Terms, you may do so by not renewing your Account prior to the end of the Services Period.
12.3. Pilates Plus may at any time, terminate the Terms with you if:
12.3.1. you do not renew your Account at the end of the Services Period;
12.3.2. you have breached any provision of the Terms or intend to breach any provision of the Terms;
12.3.3. we are required to do so by law;
12.3.4. the provision of the Services, in our opinion, is no longer commercially viable.
12.4. Pilates Plus reserves the right to discontinue or cancel your Account at any time and we may suspend or deny, in our sole discretion, your access to the Website or the Studio and Services without notice if you breach any provision of these Terms or any applicable law or if your conduct impacts Pilate Plus’s name or reputation or violates the rights of those of another party.
- REFUND POLICY
Pilates Plus will only refund the Fees or the portion of Fees that remains unused if:
13.1. in our opinion, it is no longer commercially viable to continue to provide the Services;
13.2. at our absolute discretion, it is reasonable to do so under the circumstances.
14.1. Any waiver of any provision of these Terms is in effective unless it is in writing and signed by the party waiving its rights.
14.2. A waiver by either party in respect of a breach of a provision of these Terms by the other party is not a waiver in respect of any other breach of that or any other provision.
14.3. The failure of either party to enforce at any time any of the provisions of these Terms must not be interpreted as a waiver of such provision.
If a court of competent jurisdiction deems any part of these Terms is unenforceable, invalid, illegal, void or voidable, that part will be severed, and the remaining Terms remain in force.
- GOVERNING LAW AND JURISDICTION
These Terms are governed by and construed in accordance with the laws in force in New South Wales and the Commonwealth and the parties agree to submit to the exclusive jurisdiction of the courts of New South Wales.
In these Terms, unless a contrary intention is apparent:
17.1. Account means the completion of a registration form and acceptance as a Client by Pilates Plus;
17.2. Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
17.3. Class or Classes means a class for delivery of the Services at the Studio or online;
17.4. Class Package means a package of Classes for delivery of the Services at the Studio or online;
17.5. Class Schedule means a written schedule identifying the date and time of Classes published on the Website and also available at the Studio;
17.6. Fees means the fees for the Class or Class Package published on the Website;
17.7. Client, you, your means a natural person with a paid Class or Class Package;
17.8. Intellectual Property Rights means all intellectual property rights of any kind, in any jurisdiction, subsisting now or in the future (including, without limitation, company, business or trade names, domain names, patents, inventions, copyright, design rights, know-how, trade marks, the right to sue for passing off and rights to use, and protect the confidentiality of Confidential Information), whether registered or unregistered, and including the rights to apply for or renew the registration of any such rights and any rights the subject of any lapsed application or registration, and all digital and electronic rights;
17.9. Pilates Plus, we, our, us includes any employee, servant, contractor, subcontractor, agent, partner, director or officer of Pilates Plus;
17.10. Props means a foam roller, theraband, weights, ChiBall or any item supplied by Pilates Plus for use in a Class;
17.11. Services means equipment or matwork pilates and fitness instruction for physical exercise and movement delivered at the Studio or online;
17.12. Services Period means the duration of the Services set out on the Website;
17.13. Studio means physical premises operated by Pilates Plus in New South Wales for delivery of the Services.
17.14. Website means the website owned and operated by Pilates Plus and located at https://pilatesplus.net.au;
In these Terms:
18.1. any words importing the plural includes the singular and vice versa;
18.2. any word importing a gender includes all other genders;
18.3. a reference to a natural person includes a reference to a body corporate or other forms of associations and vice versa;
18.4. headings and clause numbers are inserted for convenience only and in no way affect the construction of these Terms;
18.5. a reference to a statute, regulation or instrument includes all statutes, regulations, or instruments amending, consolidating or replacing the statute, regulation or instrument.