Kerry D – Vermont - Pilates Just For You

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Thank you for visiting our website and/or App (“https://pilatesjustforyou.com/”). By accessing and/or using this Website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (“Terms”). In these Terms, ‘us’, ‘we’ and ‘our’ means us and our related bodies corporate. 1 Acceptance of Terms You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you. We have the right to modify the Terms at any time. 2 Registration You may be required to register for an account through the Website (the “Account”) before you can purchase products through the Website. As part of the registration process, or as part of your continued use of the Website, you may be required to provide personal information about yourself (such as identification or contact details), including your name, date of birth, email address, preferred username, preferred password, address and/or telephone number. You warrant that any information you provide in the course of completing the registration process will always be accurate, correct and up to date. To create an account, you must have the legal right and ability to enter into a legally binding agreement with us and agree and warrant to use the Website in accordance with these Terms. We reserve the right to reject a registration from the Website at any time at our complete discretion. 3 Pilates workouts These exercises are intended for clients who understand the basic principles of pilates and movements. Participation in the session may involve certain risks to your health and safety as is the case in any form of exercises. By participating in the session, you warrant that you are not suffering from any injury, illness or condition that may prevent you from safely participating in our session. If you are pregnant or have recently given birth, you are required to receive medical advice and medical clearance before participating in the sessions because our sessions may not be suitable for pregnant or post-natal women. If you experience any faintness, shortness of breath or pain, you must immediately stop the session and seek medical advice before participating in our sessions again. The content on the Website does not replace the face to face relationship with your medical professional, healthcare practitioner or physiotherapist. We encourage you to seek advice from your medical professional, healthcare practitioner or physiotherapist. We accept no responsibility for any injuries or damage that may occur to yourself and/or equipment used at home. 4 Collection Notice We collect personal information about you in order to respond to your enquiry or provide you with further information and for purposes otherwise set out in our Privacy Policy. We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you. We may also disclose your personal information to recipients that are located outside of Australia. If you would like any further information about our privacy policies or practices, please contact us. 5 Accuracy, completeness and timeliness of information Images of the services from other websites and images are just for illustration purposes. Third parties may be permitted to post content on our Website. We do not endorse or approve any third-party services. By providing contact details of third parties, we provide no warranty and make no recommendation as to the price, nature, quality, fitness for purpose, cost effectiveness or other utility of any service. It is your sole responsibility to determine that specific services meets your needs and/or are suitable for the purposes for which they are used. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this Website. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems. We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date. You agree that you will not hold us responsible for any damage caused directly or indirectly as a result of the services which originated through the Website. 6 Promotions and competitions For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail. 7 Obligations of Users (a) You must use the Website only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. (b) You will not interfere with (or attempt to interfere with) or disrupt (or attempt to disrupt) our site or the servers or networks that host our Website; (c) You will not use, copy or distribute (or attempt to use, copy or distribute) content without our express permission; (d) You will not interfere (or attempt to interfere) with any security-related or other features of our Website; (e) You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your registration; (f) Any use of your registration information by any other person, or third parties is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password or email address or any breach of security of which you have become aware; (g) You will not use the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by us; (h) You will not use the services or Website for any illegal and/or unauthorised use; (i) You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the services. You agree that appropriate legal action will be taken by us for any illegal or unauthorised use of the Website; and (j) You acknowledge and agree that any automated use of the Website or its services is prohibited. 8 Payments (a) Where the option is given to you, you may make payments by way of a third-party electronic payment system embedded in the Website. The payment system being used is Square or Stripe and the user of this system is subject to the terms and conditions of the third party provider. (b) In using the Website or when making any payment, you warrant that you have read, understood and agree to be bound by the third party’s terms and conditions which are available on their website as applicable. (c) You agree that the payment is for a casual single class purchase or a monthly subscription to a subscription plan on the Website. (d) We may change our subscription plans and the price of our service from time to time after providing reasonable notice on the Website. (e) You can cancel your subscription at any time, and you will continue to have access to the Website through the end of your billing period. 9 Orders (a) Unless we agree to special arrangements, such as an authorisation code, we assume any order received from you has been placed with your authority and is binding on you. (b) No quote is binding on us unless we have prepared and accepted a written confirmation of order. (c) If you cancel an order or refuse to accept all or any of our products or services in an order other than in circumstances permitted by these Terms, you will be liable for any resulting damage or loss suffered by us. 10 Warranties 10.1 To the maximum extent permitted by law, including the Australian Consumer Law (ACL), we make no warranties or representations about the products and/or services. 10.2 In Australia, our goods and services come with guarantees that cannot be excluded under the ACL. Nothing in these terms and conditions purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Competition and Consumer Act and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition. 10.3 Subject to those rights that cannot be excluded under the ACL, our liability (and any third-party supplier’s liability) for a breach of a non-excludable condition or warranty is limited, at our option, to the supply of equivalent goods or services. 10.4 In no circumstances are we liable for any special, indirect or consequential loss, even if you advise us of any special circumstances or such loss was reasonably foreseeable. 11 Linked sites Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites. 12 Intellectual property rights Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and in all of the material (including all text, graphics, logos, audio and software) made available on this Website (Content). Your use of this Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Website or the Content. However we do grant you a licence to access the Website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors. Any reproduction or redistribution of this Website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. All other use, copying or reproduction of this Website, the Content or any part of it is prohibited, except to the extent permitted by law. 13 Unacceptable activity You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website, including but not limited to: • any act that would constitute a breach of the law in the relevant jurisdiction; • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals; • using this Website to defame us, our employees or other individuals; • uploading files that contain viruses that may cause damage to our property or the property of other individuals; • posting or transmitting to this Website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security. If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice. 14 Disclaimers To the maximum extent permitted by law, including the ACL, we make no warranties or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure. We reserve the right to restrict, suspend or terminate without notice your access to this Website, any Content, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result. To the maximum extent permitted by law, we make no representations or warranties about our Website or the content, including (without limitation) that: (a) it is complete, accurate, reliable, up-to-date and suitable for any particular purpose; (b) access will be uninterrupted, error-free or free from viruses; We reserve the right to restrict, suspend or terminate without notice your access to this Website, any Content, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result. You acknowledge that the Website is intended to facilitate the interactions between different parties. We hold no liability to you as a result of any conduct of the members or the misuse of your content by any party. 15 Indemnity To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any liability suffered or incurred by us arising from or in connection with your use of our Website or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any liability before enforcing a right of indemnity under these Terms. You agree to indemnify and hold us and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including lawyers’ fees) arising out of or in connection with: (i) your use of the services or goods obtained through the Website; (ii) your breach or violation of any of these Terms; (iii) your violation of the rights of any third party. 16 Events Beyond Control Neither party shall be liable to the other party for any loss caused by any failure to observe the terms and conditions of this agreement, where such failure is occasioned by causes beyond its reasonable control including but not limited to by fire, flood, riot, strike, war, pandemic, restrictions and prohibitions or any other actions by any government or semi government authorities. 17 Termination We may terminate or suspend this agreement at any time by delivering notice or by sending you a message advising that your shopping privileges have been removed. Termination of this agreement is effective the day notice is received, or such later date as specified in the notice. We may remove anyone from the system or refuse to deliver to a particular address at any time. You may cease placing orders with us at any time. 18 Jurisdiction and governing law Your use of the Website and these Terms are governed by the law of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.

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