ONLINE TERMS AND CONDITIONS


1. ACCEPTANCE
1.1 These terms and conditions (Terms) are between Pilates for Sports Pty Ltd ACN# 603 259 436, its successors
and assignees (referred to as “we”, “us” or “our”) and you, the person, organisation or entity that purchases
Services from us (referred to as “you” or “your”), and collectively the Parties. These Terms apply to all sales
made by us to you.
1.2 You have requested specific services, described on and able to be used and viewed via our website
http://www.pilatesforsports.com(Site) including but not limited to Pilates For Sports Instructor Course and
Pilates for Sports 10 Week Challenge to improve performance - 10PFS (services). You indicate your acceptance
of these Terms by ticking the online acceptance box (or similar button) that is presented to you at the time of
your order of the Services on the Site.
1.3 YOU AGREE THAT THESE TERMS FORM THE AGREEMENT UNDER WHICH WE WILL SUPPLY SERVICES TO YOU.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE OR USING OR PURCHASING OUR SERVICES.
THESE TERMS CONTAIN LIABILITY LIMITATIONS AND CERTAIN TERMS AND CONDITIONS REGARDING
MEMBERSHIP SUBSCRIPTIONS, INCLUDING FREE-TRIAL PROMOTIONS AND AUTO-RENEWAL. Please contact
us if you have any questions using the contact details at the end of these Terms. Using or purchasing our
Services indicates that you have had sufficient opportunity to read these Terms and contact us if needed, that
you have read, accepted and will comply with these Terms, and that you are 18 years or older, or have the
consent of a legal guardian who is 18 years or older. You must not order or use the Services if you are under 18
years of age or do not have the consent of a legal guardian who is 18 years or older. If you do not agree to
these Terms, you must not use or purchase our Services from us.
1.4 We may amend these Terms from time to time with immediate effect upon giving you notice of the varied
Terms via the Site. Use of the Site or Services following any such amendments will be deemed to be
confirmation that you accept those amendments. If you have reasonable grounds to believe that the varied
Terms will be detrimental to your rights, you may terminate your account created under these Terms without
penalty upon receiving the notice of varied Terms. We recommend that you check the current Terms before
continuing to use the Site or Services.
1.5 These Terms supplement and incorporate our policies and terms and conditions, including, without limitation,
our Website Terms of Use and Privacy Policy posted on the Site.
2. SUBSCRIPTION AND SERVICES
2.1 Access to our Services, as set out on the Site will require you to provide information, including name, email
address, country of origin, to register for an account and to pay a weekly subscription fee (Subscription Fees)
depending on the Services you choose.
2.2 We may offer access to certain Services for free or as part of a free-trial promotion. For the 10PFS program
specifically, the 10-week free trial requires registration with a valid payment method. No fee will be charged
during the free trial period. If you do not cancel your subscription before the end of your free trial, your
chosen payment method will be debited $5 USD (less a 10% discount for USA Triathlon members) every week
unless you affirmatively cancel your subscription before the next billing cycle. You may cancel your
subscription at any time by visiting your 10PFS account page. If you do not pay the relevant Fee after any free
trial period, your access to the Services will be disabled.
2.3 It is your responsibility to keep the details of your account, including user name and password, confidential.
You are liable for all activity on your account, including any purchases made using your account details. You
may not share your account details with any other person.
2.4 You agree to provide accurate, current and complete information during the registration process and to update
such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your
account and access to the Site and Services if any information provided to us proves to be inaccurate, not
current, incomplete or otherwise does not comply with these Terms.
2.5 We may provide the Services to you using our employees, contractors and third party providers and they are
included in these Terms.
2.6 You agree that from time to time we may apply updates (including fixes, configurations, upgrades,
enhancements, improvements, releases, corrections and modifications) to the software used to provide the
Services and that such updates may result in changes in the appearance and/or functionality of the Services
(including the addition, modification, or removal of modules, functionality, features or content).
3. FEES AND PAYMENT
3.1 You agree to pay us the amounts set out on our Site. All amounts are stated in the currency as set out on the
Site. All amounts exclude any value added tax (where applicable). Payment may be made by way of Stripe,
PayPal or other payment methods as set out on the Site when purchasing our Services. We may transfer your
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billing information to our third-party payment processors (e.g., Stripe or PayPal), other service providers, and
certain trusted third parties. Please see our Privacy Policy for more information.
3.2 When subscribing to our Services, you agree to pay us the applicable Fee as set out on the Site. The
Subscription Fee for the first week (as applicable) shall be paid at the time you subscribe for the Services.
Future Subscription Fees shall automatically be charged to your credit card (details of which you provide upon
enrolling in the subscription program) on a weekly basis by automatic direct debit.
3.3 If we do not receive a Subscription Fee in full on its due date for any reason, we will disable your access to the
Services.
3.4 YOU MUST AFFIRMATIVELY CANCEL YOUR MEMBERSHIP SUBSCRIPTION BEFORE YOUR NEXT BILLING CYCLE
BEGINS TO AVOID BEING CHARGED FOR AN ADDITIONAL TERM. YOU MAY CANCEL THE SERVICES AT ANY
TIME BY VISITING YOUR 10PFS ACCOUNT PAGE. IF YOU DO NOT TIMELY CANCEL YOUR MEMBERSHIP
SUBSCRIPTION, THE CREDIT CARD YOU HAVE ON FILE WITH US WILL BE AUTOMATICALLY CHARGED ON OR
SHORTLY AFTER THE LAST DAY OF YOUR THEN-CURRENT TERM. If you do decide to cancel, you will not receive
a refund of any Subscription Fees which you have paid up to the date of cancellation but we will not charge any
further Subscription Fees to your credit card. Please contact us if you have any questions using the contact
details at the end of these Terms.
3.5 Our pricing structure, payment methods and these Terms may be amended from time to time at our discretion
and to the fullest extent permitted by applicable law. The changes will apply to you for Services provided to you
after the date of the change, and in any event no earlier than the date that the amended or new Terms are
provided to you. After a pricing change, you have the choice to continue using the Services, or to cease to use
the Services without penalty.
4. YOUR OBLIGATIONS AND WARRANTIES
4.1 You warrant that throughout the term of these Terms that:
(a) there are no legal restrictions preventing you from agreeing to these Terms;
(b) you will inform us if you have reasonable concerns relating to our provision of Services under these Terms,
with the aim that we and you will use all reasonable efforts to resolve your concerns; and
(c) you will not introduce malicious programs into our network or servers (e.g. viruses, worms, Trojan horses,
email bombs).
5. OUR INTELLECTUAL PROPERTY
5.1 The Materials contain material which is owned by or licensed to us and is protected by Australian and
international laws. We own the Intellectual Property rights in the Materials including but not limited to
copyright which subsists in all creative and literary works incorporated into our Materials.
5.2 You agree that, as between you and us, we own all Intellectual Property rights in our Materials, and that
nothing in these Terms constitutes a transfer of any Intellectual Property rights in our Materials, except as
stated in these Terms or with our written permission.
5.3 Your use of our Materials does not grant you a licence, or act as a right to use, any Intellectual Property in the
Materials, whether registered or unregistered, except as stated in these Terms or with our written permission.
5.4 You must not breach our Intellectual Property rights by, including but not limited to:
(a) copying, altering or modifying any of the Materials;
(b) creating derivative works from the Materials; or
(c) using our Materials for commercial purposes such as onsale to third parties.
5.5 Upon payment of the Fees, we grant you a non-exclusive, revocable and non-transferable licence to use the
Material in accordance with these Terms.
5.6 This clause will survive the termination of these Terms.
6. YOUR INTELLECTUAL PROPERTY AND MORAL RIGHTS
6.1 If you provide information including any Intellectual Property to us, then you:
(a) warrant that you have all necessary rights to provide the Intellectual Property to us;
(b) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable licence to use
the Intellectual Property in any way we require to provide the Services to you; and
(c) consent to any act or omission which would otherwise constitute an infringement of your Moral Rights.
6.2 If you (or any employee or agent) have Moral Rights in any Intellectual Property that you provide to us, you:
(a) irrevocably consent to any amendment of the Intellectual Property in any manner by us;
(b) irrevocably consent to us using or applying the Intellectual Property without any attribution of authorship;
(c) agree that your consent extends to acts and omissions of any of our licensees and successors in title; and
(d) agree that your consent is a genuine consent under the Copyright Act 1968 (Cth) and has not been induced
by duress or any false or misleading statement.
6.3 This clause will survive the termination of these Terms.
7. FEEDBACK AND DISPUTE RESOLUTION
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7.1 Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any
feedback or questions about the Services, please contact us.
7.2 If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute
resolution procedure:
(a) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the
complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to
meet in good faith to seek to resolve the dispute by agreement between them at an initial meeting.
(b) If the Parties cannot agree how to resolve the dispute at the initial meeting, any Party may refer the
matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask
the Law Society of Victoria to appoint a mediator. The mediator will decide the time and place for
mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
7.3 Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other
rights or entitlements of the Parties under these Terms, by law or in equity.
8. TERMINATION
8.1 Either Party may terminate these Terms if there has been a material breach of these Terms, subject to
following the dispute resolution procedure.
8.2 We may terminate these Terms immediately, at our sole discretion, if:
(a) you commit a non-remediable breach of these Terms;
(b) you commit a remediable breach of these Terms and do not remedy the breach within 10 days after
receiving notice of the breach;
(c) you act in a way which we reasonably believe will bring us or our Site into disrepute;
(d) you provide us with incorrect payment details or any other incorrect information;
(e) we consider, at our discretion, your account login is being shared between people; or
(f) for any other reason outside our control which has the effect of compromising our ability to perform the
Services.
8.3 On termination of these Terms you agree that any payments made are not refundable to you.
8.4 The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.
9. CONSUMER LAW, LIMITATION OF LIABILITY AND DISCLAIMERS
9.1 Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer
Act 2010 (Cth) and similar consumer protection laws and regulations may confer you with rights, warranties,
guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted
or modified (Statutory Rights).
9.2 We guarantee that the Services we supply to you are rendered with due care and skill, fit for the purpose that
we advertise, or that you have told us you are acquiring the Services for, unless we consider and disclose that
this purpose is not achievable; and will be supplied within a reasonable time.
9.3 Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability
for the Services is governed solely by the ACL and these Terms. We exclude all conditions and warranties
implied by custom, law or statute except for your Statutory Rights.
9.4 Availability: To the extent permitted by law, we exclude all liability for:
(a) the Services being unavailable; and
(b) any Claims (whether direct, indirect, incidental, special, consequential and/or incidental), for loss of
profits, revenue, production, opportunity, access to markets, goodwill, reputation, or any indirect, remote,
abnormal or unforeseeable loss, or any loss or damage relating to business interruption or otherwise,
suffered by you or made against you, arising out of or in connection with your inability to access or use the
Services even if we were expressly advised of the likelihood of such loss or damage.
9.5 Disclaimers:
(a) All suggestions and comments relating to the use of equipment such as rollers, straps, weights or any other
equipment, poses and exercises and any instructions shown in any video and other Materials on our Site
are not required to be performed or adhered to by you and are carried out or adhered to at your election.
You acknowledge that you will participate in our fitness classes and/or follow the tips contained in the
online videos at your own risk.
(b) You hereby identify and release us, our instructors, our agents, affiliates, employees, members, sponsors,
promoters and any person or body directly and indirectly associated with us, against all liability (including
liability for their negligence and the negligence of others) claims, demands and proceedings arising out of
or connected with your participating in any of our fitness classes and/or following the tips contained in the
online videos.
(c) You acknowledge that participating in a fitness class or any related exercises and activities may involve a
risk of serious injury or even death from various causes including: overexertion, dehydration, equipment
failure and accidents with equipment and surroundings.
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(d) It is your responsibility to ensure that by participating in a fitness class, you will not exceed your limits
while performing such activity, and you will select the appropriate level of class for your skills and abilities,
as well as any mental or physical conditions and/or limitations you have. You understand that, from time
to time, instructors may suggest physical adjustments or the use of equipment and it is your sole
responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of
ability and physical mental condition.
(e) You recognise the difficulties associated with attending a fitness class and attest that you are physically fit
to participate safely in the activity and that a qualified medical practitioner has not advised you otherwise.
(f) You understand the demanding physical nature of a fitness class or any related exercises and activities. You
are not aware of any medical conditions, injuries or impairments that will be detrimental to your health if
you participate in fitness or exercise or fitness or exercise related activities.
(g) In the event that you become aware of any medical conditions, injuries or impairments that may be
detrimental to your health, you must immediately cease to use our Site, Services, or Materials and contact
your medical practitioner.
9.6 Limitation: To the extent permitted by law, our total liability arising out of or in connection with the Services,
however arising, including under contract, tort including negligence, in equity, under statute or otherwise, is
limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid
us for the Services to which your claim relates.
9.7 This clause will survive termination of these Terms.
10. INDEMNITY
10.1 You are liable for and agree to indemnify, defend and hold us harmless for and against any and all Claims,
liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly
or indirectly from:
(a) any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
(b) your breach of these Terms;
(c) any misuse of the Services, the Site or the Materials by you, your employees, contractors or agents; and
(d) your breach of any law or third party rights.
10.2 You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations
or litigation that arise as a result of your use of the Services including but not limited to disputes, complaints,
investigations or litigation that arises out of or relates to incorrect information you have given us.
10.3 This clause will survive termination of these Terms.
11. GENERAL
11.1 Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the
Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
11.2 Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you.
You release us from any claim you may have as a result of any unauthorised copying, recording, reading or
interference with that document or information after transmission, for any delay or non-delivery of any
document or information and for any damage caused to your system or any files by a transfer.
11.3 GST: If and when applicable, GST payable on the Fee for the Services will be set out on our Site. You agree to
pay the GST amount at the same time as you pay the Fee.
11.4 Relationship of parties: These Terms are not intended to create a relationship between the parties of
partnership, joint venture, or employer-employee.
11.5 Assignment: These Terms are personal to the Parties. A Party must not assign or deal with the whole or any
part of its rights or obligations under these Terms without the prior written consent of the other Party (such
consent not to be unreasonably withheld).
11.6 Severance: If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any
jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a
provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be
enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining
provisions (and remaining part of the provision) of these Terms are valid and enforceable.
11.7 Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if
such delay is due to any circumstance beyond our reasonable control.
11.8 Notice: Any notice required or permitted to be given by either Party to the other under these conditions will be
in writing addressed to you at the address in your account. Our address is set out at the end of these Terms.
Any notice may be sent by standard post or email, and notice will be deemed to have been served on the
expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
11.9 Jurisdiction & Applicable Law: These terms are governed by the laws of Victoria and the Commonwealth of
Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts
operating in Victoria.
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11.10 Entire Agreement: These Terms and any document expressly referred to in them represent the entire
agreement between you and us and supersede any prior agreement, understanding or arrangement between
the Parties, whether oral or in writing.
12. DEFINITIONS
12.1 Business Day means a day which is not a Saturday, Sunday or bank or public holiday in Victoria, Australia.
12.2 Claim/Claims includes a claim, notice, demand, right, entitlement, action, proceeding, litigation, prosecution,
arbitration, investigation, judgment, award, damage, loss, cost, expense or liability however arising, whether
present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and
whether involving a third party or a party to these Terms or otherwise.
12.3 Fees are the Subscription Fee.
12.4 GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from
time to time or any replacement or other relevant legislation and regulations.
12.5 Intellectual Property includes any and all present and future rights to intellectual and industrial property
throughout the world, and includes all copyright and analogous rights, all rights in relation to inventions
(including patent rights), patents, improvements, registered and unregistered trademarks, designs (whether or
not registered or registrable), any corresponding property rights under the laws of any jurisdiction, discoveries,
circuit layouts, trade names, trade secrets, secret processes, know-how, concepts, ideas, information,
processes, data or formulae, business names, company names or internet domain names, and any confidential
information.
12.6 Materials means work and materials that we provide to you in carrying out the Services, including without
limitation, video recordings, quizzes, flow charts, diagrams or worksheets.
12.7 Moral Rights means the right of attribution of authorship, the right not to have authorship falsely attributed
and the right of integrity of authorship, as defined in the Copyright Act 1968 (Cth).
Contact details:
Pilates for Sports Pty Ltd ACN# 603 259 436
2-4 Station Walk, Brighton Beach, Victoria 3186, Australia
[email protected]
Last update: February, 2019

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