Terms & Conditions
Terms & Conditions
These Terms and Conditions are incorporated into any contract between OUR PILATES PTY LTD ACN 653 944 873 of Suite 1 119-125 Ocean Beach Road, SORRENTO, VIC 3943 ("OUR PILATES", “we”, “us”, “our”) and You for the provision of the Services and the Products by OUR PILATES to You.
IT IS AGREED as follows:
DEFINITIONS AND INTERPRETATION
In these Terms and Conditions, unless the context otherwise requires:
a. "Confidential Information" means all confidential information belonging to a party in whatever form, including financial information, forms, specifications, processes, customer lists, sales processes, business dealings, marketing information, plans, statements, trade secrets, drawings and data (and copies and extracts made of or from that information and data) concerning the operations and dealings of the party or its business.
b.“Content” means the content contained in any online or hardcopy Pilates, Running or Fitness classes, recordings, videos, Products and any/other content provided by OUR PILATES to You.
c. “Events” means in person sessions, classes, events, retreats or other in-person activities conducted by OUR PILATES.
d. "Fees" means the fees payable by You to OUR PILATES for a membership subscription.
e. “Gift Card” means the OUR PILATES gift card purchased by You.
f. “GST” means Goods and Services Tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
g. “Intellectual Property” means all present and future intellectual and industrial property rights (whether registered or not and whether or not capable of registration) in the Content held by the Licensor at Registration, including but not limited to all copyright, patents, designs, trade names, trade marks, formulas, know-how, methods, processes, programs, prototypes, websites, systems, technique and content provided via website, Instagram, Facebook and any other social media platform.
h. “Personal Information” means information or an opinion about an identified individual, or about an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not.
i. “Products” means the products developed, sold or referred to by Our Pilates to You.
j. “Registration” means the date You registered to use the Subscription via [https://ourpilates.com.au/join].
k. “Services” means the provision of Pilates, running and fitness services whether pre-recorded, online or in-person and the operation of surveys, giveaways, challenges, promotions and/or competitions (Competitions) by OUR PILATES to You.
l. “Subscription” has the meaning in clause 3.2.
m. “Subscription Fee” means the fee stated at the time of Registration.
n. “Subscription Term” means the set period of a Subscription as selected by You at the time of Registration, being monthly, quarterly, or yearly Subscription.
o. “Terms and Conditions” means these terms and conditions.
p. “Website” means [https://ourpilates.com.au/].
In these Terms and Conditions, unless the context otherwise requires:
a. a word denoting the singular includes the plural and vice versa;
b. a word denoting an individual or person includes a corporation, firm, authority, government body and vice versa;
c. a word denoting one gender includes all genders;
d. a reference to a thing is a reference to the whole or any part of it, and a reference to a group of things is a reference to any one or more of them;
e. all references to "$" and "dollars" are to the lawful currency of Australia;
f. specifying anything after the words "including", "includes" or "for example" or similar expressions does not limit what else is included unless there is express wording to the contrary; and a
g. headings are for convenience of reference only and do not affect interpretation.
2.Terms and conditions
2.1 These Terms and Conditions apply to all Services and Products offered by OUR PILATES.
2.2 By accessing any of our Services, Products and Events (including but not limited to those set out below) You agree to be bound by these Terms and Conditions.
2.3 You consent to OUR PILATES providing You with information regarding their Services and Products which may include marketing and promotional material.
a. In consideration of the Subscription Fee payable pursuant to clause 3, OUR PILATES grants You a limited, non-exclusive, non-assignable licence to access the Content for the agreed Term in accordance with these Terms and Conditions (Subscription).
b. OUR PILATES may offer Subscription plans to You to access new Content as and when they arise.
3.2 Fees and payment
a. In consideration of the provision of the Subscription, You shall pay the Subscription Fee to OUR PILATES in accordance with this clause 3.2.
b. Payment of the Subscription Fee shall be paid monthly, quarterly or yearly in advance via direct debit from Your nominated account provided at the time of Registration.
c. OUR PILATES may increase or vary Subscription Fees payable for the Subscription on thirty (30) days’ written notice to You. You may terminate this Agreement by giving us written notice within thirty (30) days of receiving notice of a Subscription Fee variation, but in the absence of notification from You, You will be taken to have agreed to the variation in Subscription Fees.
d. If we suspend or terminate all or any part of Your Subscription all amounts owing by You to OUR PILATES shall, whether or not due for payment, become immediately payable.
3.3 Cancellation by YOU
a. Your Subscription will automatically renew monthly, quarterly or yearly, depending on Your Subscription Term, unless cancelled in accordance with clause 3.3.
b. You may cancel Your Subscription by providing written notice to OUR PILATES by email to: email@example.com
c. You can cancel Your Subscription at any time, but in doing so You will be charged for the remainder of the Subscription Term.
d. No refunds will be provided to YOU unless required by Australian Consumer Law.
OUR PILATES PRODUCTS
4.1 OUR PILATES may develop, sell or refer to Products as published on OUR PILATES website, Instagram, Facebook or other online applications.
4.2 OUR PILATES may make the Products available for sale which You may purchase on-line, on OUR PILATES website, Facebook, Instagram or other online applications.
4.3 You acknowledge that delivery of the Product is handled by third parties and OUR PILATES are not responsible for any issues, delays or loss incurred in delivery of the Product to You after the Product has been despatched by OUR PILATES.
4.4 All deliveries shall be made to the address nominated by You in writing
OUR PILATES COMPETITIONS
5.1 From time to time, OUR PILATES may operate Competitions as advertised through OUR PILATES website, Instagram, Facebook or other online applications.
5.2 It is voluntary for You to participate in the Competition.
5.3 The rules for the Competition will be advertised by OUR PILATES and must be adhered to by You if You participate in the Competition.
5.4 These Terms and Conditions apply to the Competitions and by participating in the Competition You acknowledge and agree to these terms.
OUR PILATES EVENTS
6.1 From time to time, OUR PILATES may operate Events which include the provision of the Services and/or sale of Products.
6.2 By attending OUR PILATES Events, You agree to be bound by these Terms and Conditions and any other terms that may be provided to You regarding the Event.
OUR PILATES GIFT CARDS
7.1 You acknowledge OUR PILATES gift cards will expire 3 years from the date of issue.
7.2 Any unused balances on the expiration of the Gift Card will not be refunded or credited to You or the person You provide the Gift Card to.
7.3 You acknowledge that in the event a Gift Card is either lost or stolen, OUR PILATES will not replace the Gift Card.
7.4 You acknowledge that change will not be given when the Gift Card is used and that the Gift Card is not redeemable for cash or payment of credit or store accounts.
7.5 OUR PILATES gift cards entitle users to Australian Dollars which can be redeemed at OUR PILATES (Australia). In order to successfully use the Gift Card the rules set out must be adhered to.
a. The Gift Card must be used prior to the gift card’s expiration date;
b. The Gift Card cannot be used to purchase additional gift cards.
c. Multiple gift cards cannot be used in one single order.
7.6 Should You or the person You have provided the Gift Card to, return items bought with the use of a Gift Card, OUR PILATES will, at OUR PILATES discretion:
a. Provide an exchange, up to the value of the Gift Card amount redeemed, should the returns be received prior to the Gift Card expiry date; or
b. Issue no refund should the returns be received after the Gift Card expiry date.
7.7 In order to redeem Your gift card, You must use OUR PILATES checkout by selecting “Proceed to Checkout” in the cart as displayed on the OUR PILATES website.
8.1 The Services and Products provided by OUR PILATES to You may contain information and instructions relating to health, fitness, food, diet, nutrition, exercise, mental health or other lifestyle related information (Information).
8.2 You acknowledge and agree that the Disclaimers in this Clause 8 and the Liability Waiver apply to the Information that may be provided to You at any time.
8.3 OUR PILATES, its directors, instructors, owners, officers, employees, shareholders, agents, affiliates and other content providers are not licensed Doctors, Nutritionists or Medical Practitioners, and the Information provided to You:
a. is guidance only;
b. does not form any kind of professional, medicinal, or other advice;
c. is not personal medical advice or treatment;
d. does not substitute any advice provided by Your healthcare provider
8.4 OUR PILATES does not:
a. Make any warranties or representations, express or implied, as to the completeness, accuracy, or appropriateness of any of the Information;
b. Make any guarantee or assurance that the Information is up to date;
c. Accept any liability for any loss or damage suffered by You regarding the Information.
8.5 You acknowledge and agree that, when receiving the Information, purchasing the Products or participating in the Services You accept the terms of this Clause 8 and our Liability Waiver.
9.1 Ownership and title to the Content and the Intellectual Property shall at all times remain with OUR PILATES and nothing in this agreement shall be construed as an implied or express transfer of such ownership to You or any other party.
9.2 During the Term, You must:
a. only use the Content and Intellectual Property as expressly authorised by OUR PILATES under these Terms and Conditions;
b. not permit use of the Content and Intellectual Property by anyone else other than You;
c. take all reasonable steps to protect the Content and Intellectual Property at all times from unauthorised access, use or damage;
d. not copy the Content and Intellectual Property;
e. not reproduce and/or sell the Content;
f. not modify the Content and Intellectual Property;
g. not reverse assemble or reverse compile the Content;
h. not do anything which may prejudice OUR PILATES ‘ownership of the Content and Intellectual Property;
i. immediately notify OUR PILATES on becoming aware of any unauthorised use or copying of the Content and Intellectual Property; and
j. immediately return the Content and Intellectual Property to OUR PILATES on demand or when the Subscription and these Terms and Conditions end (whichever is earlier).
9.3 You acknowledge and agree that You are responsible for and will bear any and all risks and costs associated with, and that OUR PILATES makes no guarantee in the success or failure as to the outcome of the Content to You.
10.1 By viewing, accessing, using or participating in OUR PILATES Services, Products and/or Events You agree to be bound by these Terms and Conditions and warrant that:
a. You have read, understood and agree to Our Pilates Terms & Conditions.
b. You understand the Services are a form of exercise, and as with participation in any type of exercise, there may be risks to Your health and safety.
c. You are participating in the Services, Events and/or accessing the Products at Your own risk and understand Your responsibility to facilitate a safe and clear environment to participate.
d. You do not suffer from a previous or existing injury, illness or condition that may impede Your safe participation in the Services, Events and/or access to the Products.
e. If You suffer from any illness, faintness, shortness of breath, pain or dizziness You will cease participating in the Services and seek medical advice.
f. If You are prenatal or postnatal, You have sought medical advice before participating in the Services, Events and/or accessing the Products and recognise that the Services and/or Products may not be suitable during these stages.
g. You are at least 18 years old or have the permission from Your parent and/or guardian to participate in the Services and/or access the Products.
h. If You are attending an in-person Our Pilates Service and/or Event, You acknowledge that:
i. You will inform the instructor of any pre-existing medical conditions, or of any discomfort, pain or injury You have prior to or immediately during the Service.
ii. You will follow the instructor’s direction and guidance and health and safety requirements.
iii. You will cease participating in the Service in the event of injury, discomfort or illness.
10.2 Limitation of Liability
a. Our Pilates accepts no responsibility for any injuries, damage or loss that may occur to Yourself or others, and/or equipment used when participating in or accessing our Services, Events and/or accessing, purchasing or using the Products or participating in or accessing the Competitions.
b. Our instructors are not providing medical advice.
c. You, Your heirs, assigns or legal representatives fully release Our Pilates (and its associated entities, franchisees, members, employees and contractors) from any claim, loss, damage or expense of any kind including in relation to personal injury, property damage/loss, financial loss or wrongful death, occurring during or after participation in the Services, Events and/or access to, purchase or use of the Products, or participation in the Competitions, whether caused by negligence or otherwise.
d. Any liability in connection with the Services and/or Products under any statutory right (including any condition or warranty implied by law or any guarantee or other right under any statute) that cannot be excluded is limited to the resupply of the Services and/or Products or the payment of the reasonable cost of same.
e. You agree to indemnify and hold us harmless from all liabilities, claims, and expenses, including legal fees, that arise from Your use or misuse of the Website, App, Facebook page, Instagram page, Services, Events, Products, and/or Competitions or Your breach of this Liability Waiver and Our Pilates Terms and Conditions.
11. DATA AND PRIVACY
11.1 OUR PILATES is bound by the Privacy Act 1988 (Cth). All Personal Information obtained in connection with You will be appropriately collected, stored, used, disclosed, transferred and destroyed in accordance with the National Privacy Principles ("NPP").
12. NATURE OF AGREEMENT
Nothing in these Terms and Conditions are intended or will be construed as constituting a relationship of agent and principal, employer and employee, joint venture or partnership alliance between the parties.
13.1 Entire Agreement
These terms and the schedules and annexures attached hereto constitute the entire agreement between the parties and supersedes all previous agreements and understandings, whether verbal or in writing.
The Agreement or any part of it may be varied, modified, amended or added to only in writing executed by the parties.
No provision of these Terms and Conditions shall be deemed to be waived except by express written consent executed by the party which is claimed to have waived the relevant provision.
a. These Terms shall ensure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
b. OUR PILATES may assign its rights and obligations under these Terms and Conditions at any time without prior notice to You.
c. You may not assign Your rights and obligations under these Terms and Conditions without the prior written consent of OUR PILATES.
If a provision or part of a provision of these Terms and Conditions are held invalid, unenforceable or illegal for any reason, then such provision or part, as the case may be, shall be deemed to be severed from these Terms and Conditions and these Terms and Conditions shall otherwise remain in full force.
13.6 Jurisdiction and Governing Law
a. The law of the State of Victoria, Australia governs these Terms and Conditions.
b. The parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria and of the Commonwealth of Australia.
A provision of these Terms and Conditions which can, and is intended to, operate after these Terms and Conditions terminate or expire remains effective after termination or expiry.
13.8 Yearly Bundle Membership.
Offer is available for new members only. All Yearly bundle membership sign-ups are final sale. No returns or refunds will be given. Postage is within Australia only. This is a yearly subscription and will renew 12 months from the date of sign-up unless cancelled prior. The first payment will be $249 and will include a yearly membership to Our Pilates (access to hundreds of classes, over 100 recipes, programs and more), Our Everyday Eats Ebook (50 balanced and delicious recipes created by @dietitianedition, Millie Padula, Our Pilates Resistance Bands (pack of 3 levels of resistance), Our Pilates limited edition tote bag (perfect for your on the go class, the beach or a night away). If the subscription is not cancelled within 12 months, the next payment will be the normal yearly rate of $198 p/year.
Our Pilates provides pre-recorded and live online Pilates content (“Workouts”) which you can access via our website.
By viewing, accessing, using or participating in our Workouts you warrant that:
-You understand the Workouts are a form of exercise, and as with participation in any type of exercise, there may be risks to your health and safety.
-You are participating in these Workouts at your own risk and understand your responsibility to facilitate a safe and clear environment to participate.
-You do not suffer from a previous or existing injury, illness or condition that may impede your safe participation in these Workouts.
-If you suffer from any illness, faintness, shortness of breath, pain or dizziness you will cease the workout and seek medical advice.
-If you are prenatal or postnatal, you have sought medical advice before participating in these Workouts and recognise that these workouts may not be suitable during these stages.
-You are at least 18 years old, or have the permission from your parent and/or guardian to participate in these Workouts.
LIMITATION OF LIABILITY
Our Pilates accepts no responsibility for any injuries or damage that may occur to yourself and/or equipment used when participating in our Workouts. Our instructors are not providing medical advice.
-You, your heirs, assigns or legal representatives fully release Our Pilates (and its associated entities, franchisees, members, employees and contractors) from any claim, loss, damage or expense of any kind including in relation to personal injury, property damage/loss, or wrongful death, occurring during the Workouts, whether caused by negligence or otherwise.
-Any liability in connection with the Workouts under any statutory right (including any condition or warranty implied by law or any guarantee or other right under any statute) that cannot be excluded is limited to the resupply of the Workouts or the payment of the reasonable cost of same.
-You agree to indemnify and hold us harmless from all liabilities, claims, and expenses, including legal fees, that arise from your use or misuse of the Website, App, Facebook page, Instagram page or your breach of these terms and conditions.
Information We Collect
1.1 Personal Information: When you sign up for our online subscription program, we may collect personal information from you, such as your name, email address, billing information, and any other information you provide during the registration process.
1.2 Usage Information: We may automatically collect certain information about how you interact with our online platform, including your IP address, browser type, operating system, and usage patterns. This information helps us analyze trends, improve our services, and optimize your user experience.
Use of Information
2.1 We may use the information we collect for various purposes, including:
Providing and maintaining our online subscription program.
Personalising your experience and delivering tailored content.
Processing payments and fulfilling your subscription orders.
Communicating with you about our program updates, new features, and relevant information.
Responding to your inquiries and providing customer support.
Protecting our rights, ensuring the security of our systems, and preventing fraud.
Complying with legal obligations.
Sharing of Information
3.1 We may share your information with:
Service Providers: We may engage third-party service providers to perform certain functions on our behalf, such as payment processing, website hosting, data analysis, and customer support. These providers have access to your information only to the extent necessary to perform their functions.
Business Partners: We may share information with trusted business partners who assist us in delivering our online subscription program to you. However, we will obtain your consent before sharing your information for any promotional purposes.
Legal Compliance: We may disclose your information to comply with applicable laws, regulations, legal processes, or governmental requests.
4.1 We implement reasonable security measures to protect your information from unauthorized access, alteration, disclosure, or destruction. However, please note that no method of transmission over the internet or electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.
5.2 You can choose to opt-out of receiving promotional communications from us by updating your preferences in your account settings or contacting us directly.
5.3 You can typically adjust your browser settings to reject cookies or similar technologies. However, doing so may affect the functionality of our online platform.
6.1 Our online subscription program may contain links to third-party websites or services. We are not responsible for the privacy practices or the content of such third-party entities. We encourage you to review the privacy policies of those third parties before providing any personal information.
7.1 Our online subscription program is intended for individuals aged 18 and above. We do not knowingly collect personal information from individuals under the age of 18. If we become aware that we have collected such information, we will promptly delete it from our records.