Unwind Pilates Online Membership
Terms and Conditions
Prepared July 3rd 2021
Overview
This agreement sets out the terms and conditions (“Terms”) that govern your access to and participation in our membership program (“Membership”) facilitated and run by UNWIND PILATES STUDIO PTY LTD, ACN: 646 224 900 (“UNWIND PILATES STUDIO PTY LTD”, “We”, “Us”, or “Our”).
These Terms are a legal agreement between you (“You” or “Your”) and Us, and by completing the online application form and paying us to join our Membership as a member, You agree to be bound by these Terms, so it is important that You read these Terms carefully before applying.
Membership
You may apply to become a member by completing the application form on Our website (“Website”).
You agree to provide accurate, current and complete information about yourself as requested or directed on the Website, and to promptly update this information to maintain its accuracy. We have the right to suspend or terminate your Membership if We suspect that such information is inaccurate or incomplete.
Attendance and participation in the Membership is open only to persons aged above 18 years and You must have the necessary power and authority to enter into these Terms.
You acknowledge and consent that part of your Membership includes recording (in audio and/or video format) your participation in the Membership, where you may feature prominently. These recordings are for the purposes of providing the Membership and for us to use in our promotional material to market the Membership. You acknowledge and agree to our use without restriction, including but not limited to our ability to use, modify, alter, publish, reproduce or distribute such recordings.
Your Membership commences when Your application has been accepted by Us and You pay the price as displayed on Our Website and in accordance with these Terms (“Membership Fees”).
We may review and approve or deny Your Membership application at Our sole discretion.
Your Membership continues until terminated in accordance with these Terms.
To access the Membership and use the services, you are required to create an account and in doing so, you must give us accurate information including your name, your business name (if applicable), address, a valid email address and telephone number and you must be at least 18 years old. You warrant that any information You provide during the account set up process is accurate and correct at the time you provide the information and that You’ll update information should there be any changes to the information provided. You’ll be solely responsible for the activity that occurs on your account so keep your account password secure.
We reserve the right to:
limit the number of applicants and subscriptions; and/or
suspend or cancel your account at any time, at our sole discretion, including if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation.
Membership Fees
Monthly subscription
Where you have selected a monthly option, You will pay Us the Membership Fees as advertised on our Website and the subscription will automatically renew each month on the anniversary of Your joining the Membership program and your debit/credit card will be charged the Membership Fee. Membership Fee amount may change on renewal of your subscription.
If You do not pay Us any portion of the Membership Fees when due Your Membership may be cancelled, suspended, or You may be refused Membership entitlements and benefits until all outstanding amounts are paid.
You must inform us immediately if Your payment details change. If payment is declined, your access to the Membership will be suspended until payment has been updated and You must pay all monies due.
We reserve the right to increase our Membership Fees in our sole discretion, however, where you have purchased a subscription to our Membership prior to the Membership Fee increase, the initial price you purchased at will remain the same. If however you cancel your Membership and decide to purchase a new Membership subscription, you will incur the increased price.
Cancellations and Refunds
Monthly subscription
If You would like to cancel Your monthly Membership, You may do so at any time. You must provide at least 5 business days written notice prior to Your renewal date to prevent the automatic renewal of the Membership. Once cancelled, You will not be charged following that date. If You fail to provide sufficient notice or no notice, you will incur a Membership Fee for the next billing cycle which is non-refundable. We do not provide refunds simply because Your situation has changed or You have changed Your mind.
Due to the nature of digital products, any orders received and processed by us for digital products available to be purchased online, has a strict NO REFUND and/or RETURN POLICY. We do appreciate that life can get tricky at times so please email if you are seeking a refund and one of our team will be in touch to discuss in more detail (laura@unwindpilatesstudio.com.au). Where We send the wrong digital product We will send you the correct digital product and where the link provided to download is not working, We will send You the digital product direct or via a revised link at no extra cost.
Membership Activities
Membership Benefits/ Entitlements
During your Membership, We will provide You with certain Membership entitlements and benefits as notified from time to time. Note however, Membership Fees are payable irrespective of whether You use Your Membership entitlements or benefits. We cannot guarantee the duration for which these entitlements and benefits will be available for.
Our Membership entitlements may include third party services and content, however, to the extent You opt to use such entitlements, You agree that we cannot guarantee the accuracy or quality of such third party services or content and shall not be liable for such third party services and/or content.
You are granted access to the Membership until such time as these Terms are terminated or the Membership is taken down. If the Membership is taken down, We will provide You with 30 days notice.
During Your Membership, you may also be invited to participate in our online group, in order to be admitted and retain access to the online group, you will be required to comply with the online group rules, including the rules provided by the platform which hosts the group. Where You breach the online group rules, Your access will be removed and depending on the severity of Your breach of the rules, Your Membership may also be cancelled. We reserve the right to cease this online group with 7 days notice.
Complaints Procedure
We are committed to providing a high standard of service. If You have any concerns or are dissatisfied with the service You have received and wish to raise a complaint, then please submit Your complaint through Our Contact Us Form, which can be accessed here https://www.unwindpilatesstudio.com.au/contact-unwind-pilates-studio
Any complaint submitted in accordance with clause 3.5 above must include the following information at a minimum:
Your name;
the email address You used to apply for the Membership;
details of Your concern or complaint;
details of what You would like Us to do to resolve the matter; and
copies of any relevant correspondence.
We will provide You with an acknowledgement of Your complaint within 3 business days of receipt. We will aim to resolve Your complaint within 14 business days of receipt. If We are unable to address the complaint within 14 business days, then We will write to You to explain what is happening with Your complaint.
Any dispute that cannot be resolved will be submitted for mediation in accordance with and subject to The Arbitrators and Mediators Australian Mediation and Conciliation Rules.
Prohibited Membership Use
In addition to any other prohibitions, you must not, under any circumstances use the Membership, the Membership entitlements or benefits, the Website or any thing or any content provided to you through out, in the course of or because of the Membership:
for any unlawful purpose;
to solicit others to perform or participate in any unlawful acts;
to violate any international, federal, or state regulations, rules, laws, or local ordinances;
attempt to change, remove, deface, hack or otherwise interfere with this Website or any material or content displaced on the Website;
hack into any aspect of the Service; corrupt data; cause annoyance to other users;
infringe upon the rights of any other person's proprietary rights;
send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
attempt to affect the performance or functionality of any computer facilities of or accessed through the Website or Your Membership.
Intellectual Property Rights
In relation to the Membership Materials:
We retain ownership of all Intellectual Property Rights (including Moral Rights) in Membership Materials;
the Membership services to the extent they contain Membership Materials, You are granted (subject to You paying Membership Fees) a limited right to use Membership Materials and:
it may only be used for the purposes set out in the Terms, as part of Your Membership;
You will not modify the Membership Materials; and
You will not sub-licence, publish, sell, or otherwise provide it or allow it to be used by third parties; and
where You have provided testimonials (in any format), We may use those testimonials to refer to You in Our Websites, and other media (including social media channels) for the sole purpose of promoting Our Membership.
For the purposes of this clause and the Terms, (“Membership Materials”) means all tools developed and/or utilised by Us in performing the Membership services, including, without limitation, programs, Membership content, workshops, digital products (including ebooks), webinars, audio and videos.
Intellectual Property Right Consent and Indemnity
You represent and warrant that you are the owner of the intellectual property rights in any content You provide to Us (Member Content) or that you have a license to use and distribute the Member Content. You will indemnify Us against any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of any breach of intellectual property rights (including third party intellectual property rights) from Our use of the Member Content.
By submitting your application and participating in our Membership, you grant us a non-exclusive, irrevocable, royalty-free, perpetual license to use, modify, adapt, reproduce or communicate, your Member Content to the extent required to provide the Membership.
Termination
We may terminate the Terms with immediate effect, by giving You written notice if:
You do not pay the Membership Fees when due;
You fail to comply with any of the provisions of these Terms or otherwise breach any undertaking, warranty or obligation under this agreement;
engaging in conduct injurious or potentially harmful to Our reputation;
disclosing Confidential Information without consent.
You fail to conform or abide by Our applicable rules (including online group rules), policies or procedures;
Your actions are contrary to Our interests; or
We consider that mutual trust and/or confidence no longer exists.
If We terminate Your Membership, We may, but are not obliged to, refund any prorated balance of the Membership Fee already paid by You.
Disclaimer, Warranties and Indemnities
You and We agree that:
The Website, Membership and content is provided on an ‘as is’ basis;
You use the Website and Membership at your own risk;
You are responsible for maintaining the security of your account and access to the Website and Membership including by maintaining the security of your password and account log in details.
The information and advice provided during Your Membership is intended to be for educational purposes only and no warranty or condition of any kind (either express or implied), or fitness for a particular purpose or that any result or objective can or will be achieved or attained at all.
We do not provide any legal, tax, or other professional advice and would advise that you seek expert professional advice before acting on any information provided to You.
Any success you gain, will be dependent on your own efforts, commitment, motivation and intent to follow through. Under no circumstances, can we guarantee a particular result, whether financial or otherwise. You acknowledge and agree that results may differ from person to person. Each person’s individual success is completely dependent on their background, dedication, drive and motivation to succeed as well as many other additional factors. You acknowledge and agree that when you purchase the Membership or any other program, participate in any coaching or purchase a product and /or service, that results may vary as there are too many variables to guarantee success. Any client reviews, statements or examples advertised or available on our Website or via any content we communicate with you (including any newsletter, social media or other advertising), are merely examples of what can be possible.
All express or implied warranties, representations, statements, terms and conditions relating to the Terms or its subject matter which are not contained in the Terms are excluded from the Terms to the maximum extent permitted by law.
By referencing any programs, courses, products or services throughout the Membership, including any processes or other information, this does not constitute or imply Our endorsement, sponsorship or recommendation of the programs courses, products or services.
You and We agree that:
We and Our directors, agents or associates shall not be responsible or liable for any loss or damage resulting from Your Membership, except as expressly permitted by law and as set out in these Terms.
You have a number of rights and consumer guarantees under Australian Consumer Law, including that Our services are fit for purpose, provided with acceptable levels of care and skill, and provided within a reasonable time-period.
If during Your Membership, We do not meet the guarantees above, please contact Us immediately and provide Us with details and evidence (if possible) of the problem, in accordance with Clause 3.
If Our services are confirmed to have a major problem, We will re-supply the services or refund all or part of the Membership Fee (as applicable) to Your original payment method. The applicable refund amount will be determined by the nature of the problem and the degree to which You may have been partially responsible for the problem.
We do not offer refunds where You insisted on having the Membership services provided in a way that is contrary to Our advice, failed to clearly explain Your needs to Us or simply changed Your mind.
We cannot guarantee and We do not promise any specific results from the Membership.
You will indemnify Us against all loss, cost, damage or expense (including Our legal costs and associated costs of investigations and enforcement) directly or indirectly related to Your breach of these Terms.
Without limiting this clause 6, We will not be liable to You for any liability or claim of any kind arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) resulting from:
the use or inability to use the Membership;
statements or conduct of any third party or other Member; or
Your reliance on the recommendations and suggestions of any other Member.
Confidentiality and Privacy
Each party agrees that, unless it has the prior written consent of the other party, it will:
keep confidential at all times, the Confidential Information of the other party; and
ensure that any personnel, advisors, employees or contractors to whom Confidential Information is disclosed, is aware of and complies with this clause.
However, the obligations of confidentiality outlined in clause 7.1 do not apply to any disclosure that:
is for the purpose of performing the Terms or exercising a party’s right under the Terms;
is required by applicable law or by law enforcement agencies; or
relates to Confidential Information which is publicly available through no fault of the receiving party or its personnel, or was rightfully received from a third party without restriction and without breach of any obligation of confidence.
For the purposes of this clause 7.1, confidential information in relation to a party means information of a confidential nature including information about its business, financial information, operations, marketing strategy, administration, technology, clients, customers, employees, contractors or suppliers, this may also include: pricing lists or methods, customer or supplier information, financial performance or plans; participation or conduct during coaching or mentoring sessions, participation in any workshops, information relating to concepts, trade secrets, know-how, systems and processes (“Confidential Information”).
Privacy
When You apply for Your Membership, We will require You to provide Us with certain personal information about You; this may include information about your address, lifestyle, exercise habits, pregnancy and children, previous pilates experience, pelvic floor health and past and current injuries. Your privacy is extremely important to Us and We take your privacy seriously. We will only use the personal information provided by You to Us strictly for the purposes of providing You with Our Membership services and to market to You with Your consent. Where You wish to withdraw Your consent, You can unsubscribe within the body of any email We send or inform Us via email. We will disclose and deal with Your information in accordance with Our privacy policy which You can access at any time here
Miscellaneous
You and We agree that We are independent contractors and that the relationship between You and Us does not constitute a partnership, joint venture, agency or the relationship of employer and employee. You must not hold yourself out as being entitled to contract, make any representations or otherwise bind Us.
The Terms (together with our Privacy Policy, online group rules and disclaimers) constitutes Our entire agreement with You about the subject matter and supersedes all previous agreements, understanding and negotiations, whether oral, written or electronic, in respect to the Website, your use of the Website and the Membership and your use of the Membership.
The formation, construction, performance and enforcement of the Terms will be in accordance with the laws in force in New South Wales. You and We submit to the non-exclusive jurisdiction of the courts of that jurisdiction.
We reserve the right to change these Terms or to modify Membership benefits or entitlements at any time. If these Terms or the Membership benefits or entitlements are changed, We will provide You with the updated version of the Terms. You may choose whether to accept the updated Terms or to terminate Your Membership.
Whenever possible, each provision of the Terms will be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of the Terms is held invalid or unenforceable, the remainder of the Terms will nevertheless remain in full force and effect and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.
You cannot assign the Terms or otherwise deal with the benefit of it or a right under it without Our prior written consent. We may assign or novate the Terms or otherwise deal with the benefit of it or right under it without Your consent.