Terms & Conditions

These Terms and Conditions are effective as of 12 June 2024. 

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

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• These Terms and Conditions and any other terms and documents expressly incorporated herein, each as may be amended, supplemented or replaced from time to time (together, the Terms and Conditions) apply to your use of (or subscription to) the Power Pilates website and booking system (referred to as the "Platform"). 

• These Terms and Conditions are entered into by and between you as a user (referred to as User, “you” or “your”) and Power Pilates (ABN 82 453 293 289) (referred to as Power Pilates, “we”, “us” or “our”).

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1. Consent

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1.1. Your access to and use of the Platform constitutes your agreement to be bound by these Terms and Conditions and in conjunction with our privacy policy. For more details about our privacy practices, please refer to our Privacy Policy.

1.2. If you do not agree to these Terms and Conditions or the Privacy Policy, you must not access or use the Platform.

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2. User

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2.1. Eligibility
By accessing or using the Platform, you confirm that you are of legal age and not under 16 years old, or that you have consent from your parent or guardian, you or your guardian have full power, capacity and authority to agree to the Terms and Conditions and have not been previously suspended or removed from using the Platform. 

If you are a parent or legal guardian permitting a Minor to access and/or use the Platform, you agree to: (1) supervise the Minor’s use of the Platform; (2) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform; (3) ensure that the content on the Platform is suitable for the Minor; (4) ensure all information submitted to us by the Minor is accurate; and (5) provide the consents, representations and warranties contained in these Terms on the Minor’s behalf. 

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2.2. User Account Creation
To use the Platform, you will need to create an account (User Account). You must provide basic information when registering for a User Account including name, email address, and you must choose a password.

You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete. 

You are responsible for keeping your User Account details and your password confidential and you will be liable for all activity on your User Account, including purchases made using your Account details, whether or not you authorised such activities or actions.

You will immediately notify us of any unauthorised use of your User Account. 

Power Pilates may, at its sole discretion:

2.2.1. stipulate additional conditions and requirements for the opening or maintaining of a User Account; and/or

2.2.2. refuse to create a User Account for you. 

 

2.3. Account Security
You will be responsible for maintaining the security of your User Account access credentials, for all activities that occur under the User Account and any other actions in relation to the User Account (with or without your permission). We are not responsible for any loss or activity that results from the unauthorised use of your account due to your failure to secure your access credentials.

You should not share the access credentials of your User Account (including passwords) with any other person or allow any other person to access your Account. You must immediately notify Power Pilates in writing to pwrpilates2024@gmail.com of any unauthorised use of your User Account or any other breaches of security.

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2.4. Account Suspension and termination
We will have the right to suspend access or to terminate your User Account, at any time and for any reason (including where you are in breach of any of the provisions in these Terms and Conditions), subject to Applicable Laws.

You acknowledge and agree that these Terms and Conditions continue to apply even after your User Account expires or is terminated, or where you have stopped using the Platform.

 

3. Memberships & Packages

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3.1. Membership

3.1.1. You can choose to subscribe to Memberships based on a 6 month billing plan. Applicable fees are set forth on our website (https://powerpilates.com.au).

3.1.2. Eligibility for any promotions or discounts is ascertained at the time you subscribe and cannot be changed during the term of your membership. You are responsible for reading and understanding the specific terms and conditions applicable to any promotions or discounts.

3.1.3. We reserve the right to revise and update the applicable fees for memberships, and the different membership packages available, at any time at its sole discretion. Any such revision or updates to the fees will apply prospectively to any membership entered into following the effective date of the fee revision or update.

3.1.4. Sessions as part of a membership do not roll over to the next week if not utilised (i.e. 2 x Semi sessions per week will not become 4 x sessions the following week if not utilised). 

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3.2 Packages

3.2.1. You can choose to purchase packages for use within 1 month from the date of purchase. Applicable fees are set forth on our website (https://powerpilates.com.au).

3.2.2. Any sessions not used within 1 month from the date of purchase will be forfeited. 

 

3.3. Minimum Membership period

3.3.1. If you have signed up to one of our Memberships, it is mandatory that you commit to a minimum of 6 months (24 weeks) (Minimum Period). During the Minimum Period you will not be eligible for a membership termination / cancellation due to change of mind. 

3.3.2. We may (in our absolute discretion) agree to pause your subscription in circumstances which arise that are outside your control (for example if you fall pregnant, become unwell or experience financial hardship). The balance of the unused term will then be credited to a subsequent term should you re-join the Platform at a later date. 

3.3.3. For the avoidance of doubt, if you cancel your membership within the Minimum Period, the full fee for a total of 24 weeks will be payable by you. 

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3.4. Free trials
Power Pilates does not offer free trials to users as this time. In the future we may provide a free trial for a fixed period of time, however, this will be determined by Power Pilates at its sole discretion.  

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3.5. Payment details
Fees for your memberships and packages are paid by Direct Debit using a valid debit or credit card. 

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3.6. Setting up a valid payment method
When you purchase a Membership or Package and set up your User Account, you must provide us with complete and accurate payment information. Should your payment details change you must notify us immediately by updating your valid card details through your User Account 

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3.7 Foreign Currency & International Fees
Your Membership or Package is payable in Australian Dollars (AUD). Prices may differ depending on your country of residence or currency of bank account, and this will vary due to exchange rates at time of payment collection.

Certain banks and credit card issuers may charge a foreign transaction fee on transactions. You are responsible for paying any such fees.

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3.8 Direct Debit

By accepting these terms, you:

3.8.1. request and authorise us to debit funds from your provided card; 

3.8.2. confirm that you are authorised to operate the nominated card; 

3.8.3. acknowledge and agree that the debit or charge will be processed by Power Pilate's financial institution and Payment processing provider; and

3.8.4. acknowledge that the amount to be debited consists of fees (as set out in the relevant terms and conditions, which may change from time to time with prior notice to you increase periodically).

If your direct debit day falls on a day that is not a banking day, we may direct your financial institution to debit your account on the following banking day. If you are unsure about which day your account has or will be debited you should ask your financial institution. 

We may vary any details related to your direct debit at any time by giving you at least seven (7) days written notice. 

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3.9. Automatic renewal of subscription

3.9.1. If you have signed up to a Membership, your payment method will automatically be debited for the Minimum period of 6 months (24 weeks). Hereafter, your subscription will renew on a weekly basis unless your cancellation is confirmed before your next billing date. You acknowledge that should you fail to cancel your Membership prior to the end of the current billing period, you risk the next direct debit being taken which we will not be obligated to refund.

3.9.2. If you have signed up for a Package, your payment will not automatically renew. Should you wish to purchase another Package, you may do so via the Platform. 

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3.10. Cancellation and refund of Memberships

3.10.1. You may submit a cancellation notice at any time via the Platform or in writing to pwrpilates2024@gmail.com. Any applicable minimum terms must be met before this cancellation is actioned. You will still be entitled to access the Platform for the remainder of the duration that you have paid for.

3.10.2. Once your Membership has been cancelled, any unused portion of the Membership is non-refundable and non-transferable.

3.10.3. You are responsible for all taxes, levies or duties imposed by taxing authorities in your own country, and you shall be responsible for payment of them. We have no responsibility to them on your behalf.

3.10.4. Memberships & Packages are non-refundable and non-transferable for change of mind circumstances.

3.10.5. You acknowledge that all relevant information in respect of our service (such as any pre-existing conditions) are clearly and transparently expressed on our Platform when signing up. Refunds will not be provided where you have misunderstood information that is expressly provided on the Platform and/or our website.

 

3.11. Payment queries

You should check your bank account statement to verify that the amounts debited from your account are correct. If you believe that there has been an error in debiting your account, you should notify us directly by emailing us at pwrpilates2024@outlook.com. Alternatively you can contact your financial institution for assistance. 

If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your query by arranging within a reasonable period for your financial institution to adjust your account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your account has been adjusted. 

If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing. 

You should check:

3.11.1. with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions;

3.11.2. your account details which you have provided to us are correct by checking them against a recent account statement; and

3.11.3. with your financial institution before completing the Direct Debit Request if you have any queries about how to complete the Direct Debit Request.

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3.12. Failure to Pay

If any payment is not made in accordance with these Terms, we may (at our absolute discretion) immediately cease providing you with access to the Platform and recover, as a debt due and immediately payable from you, our additional costs of doing so.

 

4. Use of the Platform

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4.1. Our Platform is for your personal use only
We’ve designed our Platform for you to use it personally, and not on a commercial basis. You must not use our Platform, or any of our Content, for your commercial purposes, including, for example, to advertise your own business or for any other revenue generation activity.

4.2. Competitors are excluded from using our Platform
You are prohibited from using our Platform, including our content, in any way that competes with our business.

 

4.3. Prohibited Conduct – By using the Platform, you confirm that you will not use the Platform for any of the following:

4.3.1. Unlawful Activity – any activity that: (i) involves proceeds from any illegal or unlawful activity; (ii) publishes, distributes or disseminates any illegal or unlawful material or information; or (iii) otherwise violates, or could possibly violate, any civil and common laws, statutes, subordinate legislation, treaties, regulations, directives, decisions, by-laws, ordinances, circulars, codes, orders, notices, demands, decrees, injunctions, resolutions and judgments of any government, quasi-government, statutory, administrative or regulatory body, court, agency or association by which Power Pilates or the User are bound in any jurisdiction applicable to the access and use of the Platform (“Applicable Laws”).

 

4.3.2. Unauthorised Use – any activity that: (i) interferes with, disrupts, negatively affects or inhibits other Users from accessing or fully enjoying the Platform; (ii) introduces to the Platform any malware, virus, trojan horse, worms, logic bombs or any other programme that would otherwise result in any technical glitch, malfunction, failure, delay, default or security breach; (iii) attempts to gain unauthorised access, whether through password mining or otherwise, to other User Accounts, computing systems or networks connected to the Trading Platform; (iv) undermines the security or integrity of the computing systems or networks on which the Platform is hosted; (v) attempts to modify, copy, reproduce, reverse engineer or decompile the Platform or the computer programs used to deliver the Platform; (vi) uses the User Account information of another person to access or use the Platform; or (vii) transfers access or rights to your User Account to a third party.

 

5. Intellectual Property, Use Licence

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5.1. Our ownership of the Platform
All of the patents, trademarks, logos, trading names, rights in domain names, copyrights, moral rights, design rights, database rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether or not patentable) and other similar intellectual property rights (whether registered or not)) and applications for such rights as may exist anywhere in the world (collectively, Intellectual Property Rights) in the Platform and the material published on and through it (except the Contributed Content) are owned by us, our licensors and other providers of such material and are protected by Applicable Laws. You may not engage in any activity on or through the Platform, including transmitting or using Contributed Content, that infringes or otherwise makes unauthorised use of another party’s Intellectual Property Rights.

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5.2. User’s licence to use Platform.
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms and Conditions. All other uses are prohibited without our prior written consent.

 

5.3. Contributed Content.

5.3.1. By posting or otherwise providing Contributed Content, you grant us a non‐exclusive, royalty‐free, transferable, sub-licensable, irrevocable, perpetual worldwide licence and right to use (including commercial use), distribute, reproduce, display and otherwise make available such Contributed Content on and through the Platform (and across different media for any purpose) and you waive (and to the extent that you cannot so waive agree irrevocably not to assert) any and all moral rights to which you may be entitled anywhere in the world in respect of such Contributed Content.

5.3.2. You represent and warrant that you own and control all of the rights to the Contributed Content, and have the lawful right to post or otherwise provide such Contributed Content on and through the Platform and otherwise provide us with such Contributed Content.

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5.4. Intellectual Property Rights

5.4.1. You acknowledge that the copyright in the Platform, the software, design, text and graphics comprised in the Platform, the selection and layout of the Platform and the content and materials on the Platform (together, the Material) are owned by or licensed to us.

5.4.2. You must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent.

5.4.3. You must not frame or embed in another website any of the material appearing on this Site without our prior written consent.

5.4.4. You may store a reproduction of the content of the Platform on your local computer or device for the sole purpose of viewing the content and Materials and you may print hard copies of the content and Materials for the sole purpose of viewing and using the Platform but not for any other use, including commercial use.

 

6. Third party services and content

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Our Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites.

 

Your dealings or correspondence with such third parties are solely between you and the third party. We’re not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings, and you understand that your use of Third Party Content, and your interactions with third parties, is at your own risk.

 

7. Changes And Updates To Platform, Terms and Conditions

We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

 

8. Changes to Terms and Conditions

We recommend you check our Platform regularly to ensure you are aware of our current terms. Materials and information on this Platform (Content) are subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

 

9. Complaints, Governing Law and Dispute Resolution

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9.1. Complaints & Concerns
If you would like to give us feedback, please contact us – we appreciate your input. You may contact us by emailing pwrpilates2024@gmail.com. 

9.2. Governing Law
Your use of our Platform and these Terms are governed by the laws of New South Wales and the Commonwealth of Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and the Commonwealth of Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Platform may be accessed throughout Australia and overseas. We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.​​

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10. General

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10.1. Data Privacy
We will only use your personal information as set out in our Privacy Policy (as amended from time to time) this is available on our website. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

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10.2. Medical Disclaimer

10.2.1. Neither we nor our personnel are medical practitioners, and do not give medical advice, treatment or diagnoses.

10.2.2. Our Content, and any other information provided through the Platform is intended to assist you with your body transformation journey.

10.2.3. You acknowledge and agree that nothing in the Platform may be taken to be medical advice, treatment or a diagnosis by us or our representatives, nor are they intended to be a substitute for consulting a medical practitioner.

10.2.4. You acknowledge and agree that the Platform may not consider all of your personal attributes, medical conditions or circumstances, and in some cases may not be accurate for you.

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10.3. Terminating these Terms

10.3.1. We may terminate any Membership or Package at our sole discretion at any time. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of the Platform and (where relevant) your account if we suspect that you have committed a fraudulent act and/or you have, or you intend to, breach these terms and conditions.

10.3.2. Any cancellation by us in circumstances where you are not in default of your obligations under these terms and conditions will take effect at the conclusion of the then current term billing period (as applicable).

10.3.3. Any cancellation by us in circumstances where you are either in material default of your obligations under these terms and conditions, or are in default of a non-material obligation which you fail to remedy within five days of being notified of the default by us, will be of immediate effect. 

10.3.4. In the event a Membership or Package arising under or in connection with these terms and conditions is cancelled, we may take such steps as it deems necessary to ensure you cease using or accessing, or having any ability to use or access, the Platform, including but not limited to deactivating your account and blocking your access.

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For any questions and notices, please contact us at:

POWER PILATES

Email: pwrpilates2024@gmail.com

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Last update: 12th June 2024