TERMS & CONDITIONS

These Terms & Conditions cover important information about the STUDIO PILATES+ App, the Website, Program, the Subscription, and any applicable fees.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES; SUBSCRIPTION TERMS

Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the discretionary right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited. We do not warrant (without limitation) that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

If you purchased a subscription to our Services, your subscription is continuous and will be automatically renewed at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period.

To cancel your subscription follow the instructions below based on your method of purchase or device:

To cancel, follow the below steps:

Open the STUDIO PILATES+ app
Navigate to the menu
Select “Account”
Select “Cancel Subscription”

You will loose access to the app content immediately at the time you cancel your subscription.

If you have any questions about your STUDIO PILATES+ app membership or would like to request a refund, please contact info@studiopilatesplus.com.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, and without compensation, edit, copy, publish, distribute, translate and otherwise use in any medium any such comments. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or violates any party’s intellectual property or these Terms of Service.

You represent and warrant that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further represent and warrant that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site, the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

When you use the Site or send emails to us, you are communicating with us electronically, you consent to receive communications from us electronically.

SOCIAL MEDIA COMMUNITY TERMS OF ENGAGEMENT

At Studio Pilates, we are proud of our amazing social community. We aim to always encourage encouragement and feedback. Please respect the community we have built, as well as all comments and insights that other social media users may have, including the methodology behind Studio Pilates. We reserve the right to delete comments that contain profanity, body shame anyone depicted in our content or in the comments, or are spam-like in nature. We also reserve the right to block and/or ban users who continue to violate these terms. We are proud to be an inclusive, body positive community and will not tolerate those who violate these terms.

WEBSITE/APP

These Terms and Conditions govern your right to use the Website/App and your access to and use of the Program, and/or any products or services acquired in relation to the Program and/or any links provided on the Website/App to other websites.

You are prohibited from downloading any of the STUDIO PILATES+ workouts. By using this app and website, you agree not to use the content for any unlawful purpose and you agree that your use of the Website/App is only for your personal use and not for any commercial or other use contrary to these Terms and Conditions and our legal rights in respect of the Website/App.
You agree that in viewing any service or product from the Website/App, you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive content from the Website/App and/or make it available over a network where it could be used by multiple devices at the same time.
You agree that your use of the Website/App will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in Australia and when accessed in another jurisdiction the laws of that jurisdiction and Australian law.
You agree that in using the Website/App, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format.
You agree that we may, and reserve the right to, remove any comments made by you about the Website/App, any of its content, its individual representatives, officers, directors, consultants and/or employees which we believe in our sole discretion to be damaging to Studio Pilates International / STUDIO PILATES+
The content on the Website/App, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to us, subject to copyright and other intellectual property rights under law.

LICENSE

By virtue of these Terms and Conditions, you are granted a non-exclusive, non-transferable, non-sublicensable Licence to personally access and use, for non-commercial purposes, the Website/App and the services offered on the Website/App (“Services”).

This Licence shall continue until terminated in accordance with this Agreement.

ELIGIBILITY

You represent and warrant that you are at least 18 years old and will be responsible for the information provided when creating a Subscription. This program is not designed or recommended for anyone under 18 years old. If you are accessing and using the Website/App or subscribing for access to the Program or any of the Website/App services or products on behalf of a party who is not at least 18 years of age then you are representing that you are that party's legal guardian and you are responsible for that party's compliance with these Terms and Conditions. You will indemnify us for any losses or damage that we suffer as a consequence of the party who is less than 18 years of age failing to comply with these Terms and Conditions.

Without limitation, the Website/App is available only to individuals with whom only legally binding contracts can be formed under Australian law.

We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of your Subscription, if we believe that you may or will bring our reputation, those individuals who represent us in the marketplace, our other users, and Facebook Community members into disrepute or otherwise will interfere with other parties' rights to have reasonable use of and access to the Website/App or to the contents and components of the Website/App or are in any way in breach of these Terms and Conditions.

RENEWAL & TERMINATION

Your Subscription will automatically renew for the same term of your initial Subscription unless you cancel your Subscription via the billing platform your Subscription was purchased on.

You must cancel your subscription via the app (under ‘Account’).

You may cancel your Subscription by following the above steps. Please note a refund will not be issued upon cancellation. At the end of your paid Subscription period, we can then deactivate any account in your name, your membership of the Website/App and archive any information about you, or your account, stored in our database as well as cease the provision of any information to you.

We can terminate your Licence, Subscription and/or participation in the Facebook Community at our sole discretion if we believe you have breached any of these Terms and Conditions and/or you have or are facilitating the unlawful activity of a third party in respect of the Website/App. We are at liberty to take any other action necessary to enforce these Terms and Conditions.

PAYMENTS

In purchasing any product or Service from the Website/App ("the Purchase") you agree to:

(a) pay using a valid credit card (or other form of payment as we may allow);

(b) provide us with current and complete information as detailed in the purchase order form including full legal name, email address, credit card details and billing information as required and without limiting any of our rights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete, we reserve the right to refuse to continue with your Purchase, or put on hold or terminate your access to the website, the Program or any of the services or products provided by us at any stage at our sole discretion and you forfeit any right to a refund of any payment made by you for the Purchase;

(c) pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the Purchase ("the costs").

All costs are in Australian Dollars (AUD) unless otherwise indicated.

You acknowledge and agree that prices will vary depending on the type of Subscription as well as the region you are located.

YOUR AGREEMENT AND SUBSCRIPTIONS

In accessing, registering or using the Website/App including any and all webpages, the Program and/or the Services and products, information, text and images offered or provided on the Website/App, you are deemed to have read and personally agreed to the Terms and Conditions.

We offer one (1) month Subscriptions. Payment is governed by these Terms and Conditions as well as our Billing Terms which form part of these Terms and Conditions.

We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms and Conditions.

WEBSITE/APP MEMBERSHIP

You agree to provide accurate and truthful details about yourself for the purposes of your Subscription, for the Program and/or inclusion in the Facebook Community and we reserve the right to suspend or terminate your Subscription if we discover you have, at any time, provided inaccurate, incomplete or misleading personal information.

Once you register on the Website/App, you will be given access to a "Clients only" email subscription and Facebook Community access.

Access to the information provided through Studio Pilates subscription and the Facebook Community is for your sole use only.

Any password or right given to you to obtain access to the "Clients only" email subscription and the Facebook Community, and the contents or use of either the email subscription or Facebook Community, is not transferable to any third party.

We reserve the right, at our sole discretion, to terminate your access to the "Clients only" email subscription or Facebook Community if, in our opinion, you have failed to comply with any of the provisions of these Terms and Conditions.

We reserve the right, at our sole discretion to terminate your access to the Facebook Community once you have cancelled your membership.

RISK AND LIMITATION OF LIABILITY

You will receive access to the Program upon payment from you.

We provide no estimate as to time of delivery and you agree that time is not of the essence with respect to delivery.

Where we provide access to the online Program, and you claim that you have not received such access, then you must contact us via info@studiopilatesplus.com within 7 days of the date by which you purchased the Program for us to investigate your claim.

To the extent we supply any ‘recreational services’ or ‘recreational activities’ (within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation or corresponding services or activities under any other applicable local law from your jurisdiction), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. Prior to participating in the recreational services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition/s, those of other users of the Website and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide.

WARRANTY/REFUND

Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, due to the nature of the Program and/or the products and services offered by the Website/App, and as we make no representations to you in respect of your use of the Program and/or the products or services offered by the Website/App, we provide no warranty as to any results or outcomes associated with using the Program, nor in respect of any use of the products or services offered by the Website/App.

You expressly acknowledge that your use of the Website/App and its products and/or services is at your sole risk.

We do not offer refunds or credits for unused subscription periods, accidental purchases, medical conditions, or any similar reason or event, unless required by law to do so.

Your privacy is important to us. Please read our Privacy Policy carefully for information relating to the collection, use, and disclosure of your personal information. We will manage your personal information in accordance with our privacy policy. You can find a copy of our privacy policy on the Website.

MEDICAL DISCLAIMER

We are not a medical organisation and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in the Website/App or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Website/App and/or participate in the Program and/or its products and services. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the Website/App, the Program and/or its products or services.

You agree that neither we, nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the Website/App, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers. Your use of the Website/App, the Program or its products and services, is at your sole risk.

Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness program should consult with an appropriate healthcare professional before beginning any of the Programs.

You are responsible for making your own inquiries and seeking independent advice from an appropriately qualified healthcare professional before acting on any information or material made available to you through the Website. The information on the Website may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified healthcare professional.

You should first consult an appropriately qualified healthcare professional before following any exercise programs or using any of the information on the Website, particularly if you (or your family) have a history of high blood pressure or heart disease or if you have experienced chest pain when exercising or chest pain in the past month when not engaged in physical activity, are pregnant, breastfeeding, have an ongoing physical condition, are suffering from cancer or other long term illness, are living with liver disease, kidney disease, or renal failure, have diabetes, blood pressure or cholesterol issues, are obese, smoke, have high cholesterol, have a bone or joint problem that could be made worse from physical activity, or are recovering from or recently recovered from illness and/or injury.

JURISDICTION

These Terms and Conditions are governed by the laws of Queensland, Australia and you agree to the exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts. You waive any objection based on inconvenient forum. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.

INDEMNITY

You agree to indemnify us to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of the Website/App and/or from your breach of any of the Terms and Conditions and/or any facilitation or support by you of a third party causing any loss or damage to us.

You are liable for all content posted by you in the Facebook Community.

You are required to exercise due care to conform to any Australian laws relating to publication, broadcasting, media controls, advertising standards and social media legal considerations, as they may arise or be applied to you in respect of any content you post in the Facebook Community or in relation to the Website/App or that by your actions of conduct.

You agree to indemnify us for any claims, losses, liabilities, costs or expenses ("losses") incurred by us you may cause, or contribute to such losses.

LIMITATION TO LIABILITY

All content on this Website/App is provided ‘as is’ and ‘as available’, with all faults and without warranties of any kind either express or implied. We disclaim any and all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement of intellectual property, or arising from a course of dealing, usage or practice. We disclaim any warranty that the functions contained in this Website/App will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components. The content you access on this Website/App is provided solely for your convenience and information. We do not warrant or make any representations regarding the results that may be obtained from the use of this Website/App, or as to the reliability, accuracy or currency of any information, content, service and/or merchandise acquired pursuant to your use of the Website/App.

Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages or punitive or exemplary damages except to the extent such limitation or exclusion of liability is not permitted by law.

To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:

(a) that is or may be harmful or disadvantageous to you or the community; or

(b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities.

Our rights to modify services

You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise deal with the Website/App and/or the Terms and Conditions, as we see fit.

We will give you notice of any changes, for instance by:

(a) publishing them on our website or

(b) writing to the address (post or email) you last gave us.

You agree that we may transfer, assign, license or deal with our interest in the Website, Facebook Community, copyright or any other published material to any Affiliate or to any third party who shall in any event be bound to meet the obligation of any agreement you have with us for services we provide to you for payment. We will give you notice of any change or dealing within 60 day.

You may not transfer, assign, sub-contract, sublicense, or otherwise deal with your rights and/or obligations with regard to use of the Website/App under these terms and conditions. Any attempted unauthorized transfer, assignment or sub-contract or sublicense shall be null and void.

GENERAL

Entire agreement

These Terms and Conditions form the entire agreement between us and you in relation to the website and your use of it.

Waiver

Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.

Information provided on Website

All information provided by us on the Website/App is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We may update any information at any time but you acknowledge that the information on the Website may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and (unless expressly stated) we make no guarantees of any specific result from use of this Website or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website.