Please refer to separate Website Terms of Service which govern the sale and delivery of our services.
By using the Website, you agree to be bound by the following terms and conditions.
- USE OF THE WEBSITE
1.1. The Website allows you to browse and purchase the services as described on the Website. If you do not agree with these terms and conditions, you must cease using the Website immediately.
1.2. The content on the Website is general information only. It does not take into account your specific needs, objectives or circumstances and it is not advice.
1.3. You must not use the Website for any illegal and/or unauthorised purpose. You must not post any defamatory, obscene or intimate materials or harass or cause distress to any person or disrupt the Website in any way. You must not change, add, remove, deface, hack or interfere with the Website or any content displayed on the Website. If you engage in any illegal or unauthorised use of the Website, we will immediately terminate your use of the Website.
- INTELLECTUAL PROPERTY
2.1. All Intellectual Property Rights in the Website and Materials are owned or licensed by Pilates Plus and reserved by us.
2.2. We grant you a worldwide, non-exclusive, fee-free revocable licence to copy and store the Website and its content in your device’s cache memory and to print pages from the Website for your personal and non-commercial use. Otherwise, you are prohibited from any reproduction of the Website or Materials other than in accordance with these terms and conditions.
2.3. Pilates Plus does not grant you any other rights in the Website and Materials and nothing you do on in relation to the Website and Materials will transfer any Intellectual Property Rights to you.
- USER CONTENT
You may be permitted to post, upload, publish, submit or transmit User Content on the Website. Making available User Content on or through the Website will be deemed non-confidential and non-proprietary, unless you tell us otherwise. You agree that the User Content can be used for any purpose without compensation to you.
- THIRD PARTY LINKS
Pilates Plus may include Third Party Links to enhance the functionality of the Website or to provide further information. We have no control over the content and availability of those Third Party Links. We do not make any warranties in relation to them. You acknowledge that you use those Third Party Links at your own risk. You must read and agree to the terms and conditions governing the use of those Third Party Links.
The Website is security assured by Sectigo RSA Domain Validation Secure Server CA. We use our best endeavours to ensure the Website is free of any malware, viruses or other harmful code or communications which may be transmitted to or through the Website, including Third Party Links.
- DISCLAIMER AND INDEMNITY
8.1. Nothing in these terms and conditions limits or excludes any guarantees or warranties made under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth).
8.2. To the maximum extent permitted by law, Pilates Plus excludes all guarantees, warranties, representations or conditions, including, without limitation, that:
8.2.1. the Website and Materials are complete, accurate or suitable for any particular purpose;
8.2.2. that access to the Website will be uninterrupted, error-free or free from malware and viruses or any other harmful code of communications;
8.2.3. that the Website will be secure at all times;
8.2.4. that there will not be any unauthorised access to personal information collected by us.
8.3. You acknowledge and agree that you use and act on the Website and Materials at your own risk.
8.4. To the maximum extent permitted by law, Pilates Plus will not be liable for any Loss or Damage howsoever arising from or in connection with your use of the Website and Materials.
8.5. You indemnify us from and 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 Website.
Pilates Plus reserves the right to change these terms and conditions at any time and any changes will take effect immediately on being published on the Website. Please check these terms and conditions regularly to ensure you are aware of any changes. Your continued use of the Website confirms your acceptance of the revised terms.
If any part of these terms and conditions is found to be unlawful, void, invalid or unenforceable by a Court of competent jurisdiction, that part will be severed and the remaining terms and conditions remain in force.
We may terminate your use of the Website at any time without notice, in which case all disclaimers and limitations of liability will survive termination.
- GOVERNING LAW AND JURISDICTION
This Agreement is 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.
13.1. Intellectual Property Rights means any patent, copyright, trademark, tradename, design, trade secret, know-how or other form of confidential information or any right to registration of such rights and any other form of intellectual property right whether arising before or after these terms and conditions.
13.2. Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, virus to systems, negligence, trespass, property damage and costs and expenses.
13.3. Materials includes, but is not limited to, all content, information, design, layout, appearance, graphics, text, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features of the Website.
13.4. Pilates Plus, we, our and us ncludes any employee, servant, contractor, subcontractor, agent or officer of Pilates Plus.
13.5. Third Party Links mean other websites, applications and/or software owned or operated by another person or body.
13.6. User Content means any data, questions, comments, suggestions, ideas, designs, images, videos, audio, marks or other information.
This document was last updated: November 2021