JS Mind Body Pilates
Website and Membership Terms & Conditions
Last updated: 30 August 2018
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using, browsing, selecting, ordering and signing up to any program and/or membership advertised and offered on the website www.jsmindbodypilates.com.au (the "Site") or the Mobile App operated by Joanne Sutton t/as JS Mind Body Pilates (ABN 84 674 812 493) ("us", "we", or "our").
Your access to and use of the Site and/or the Mobile App is subject and conditional on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, members and others who access or use the Site and/or the Mobile App.
We may amend these Terms from time to time without notice. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site, the Mobile App or your continued Membership will constitute your agreement to be bound by the Terms, as amended.
By accessing or using the Site and/or the Mobile App you agree to be bound by these Terms (and any subsequent amendments). If you disagree with any part of the Terms then you may not access the Site, use the Mobile App or the Membership.
ACL means Australian Consumer Laws.
Audiovisual Content means all images, photographs, graphics, designs, logos, icons, videos, audios and recordings.
JS Mind Body Pilates means Joanne Sutton t/as JS Mind Body Pilates (ABN 84 674 812 493).
Business Day means a day that is not a Saturday, Sunday or public holiday in New South Wales.
Free Trial means ten (10) day trial of the Membership free of charge.
Goods mean any goods supplied by JS Mind Body Pilates.
Intellectual Property Rights means intellectual property rights at any time protected by statute or common law, and without limitation including copyright, trade marks, designs, patents, character names, writings, digital content, business names, inventions, ideas, symbols, artwork, confidential information and moral rights as defined in the Copyright Act 1966 (Cth), and includes but is not limited to all intellectual property whether registered, or unregistered, non-existing or coming into existence in the future in connection with or related to or otherwise created, invented, designed or otherwise owned by JS Mind Body Pilates as referred to in these Terms and varied from time to time.
Loss includes, but is not limited to, costs (including party to party legal costs and our legal costs), expenses, lost profits, award of damages, personal injury and property damage.
Membership means your subscription to use the Online Pilates Program, the Site and the Mobile App.
Mobile App means the IOS or Android mobile application by JS Mind Body Pilates.
Online Pilates Program means the online courses on a variety of Pilates workout programs provided by JS Mind Body Pilates through the Site and the Mobile App, including Audiovisual Content.
Site means collectively the Site and products/ contents or services offered on the Site or provided by the Site including but not limited to the Membership and includes the use of the Mobile App associated with the Site.
Subscription means your agreed registration as a member of JS Mind Body Pilates by purchasing a subscription package through the Site or the App store.
You or Your means you, the person accessing the Site and its contents and if more than one, jointly and severally.
In these Terms, unless the context otherwise requires:
- a reference to writing includes email and other communication established through the Site (if any);
- the singular includes the plural and vice versa;
- a reference to a clause or paragraph is a reference to a clause or paragraph of these Terms;
- a reference to a party to these Terms or any other document or arrangement includes that party's executors, administrators, successors and permitted assigns;
- where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
- headings are for ease of reference only and do not affect the meaning or interpretation of these Terms; and
- if the date on which any act, matter or thing is to be done falls on a day which is not a Business Day, that act, matter or thing:
- if it involves a payment other than a payment which is due on demand must be done on the preceding Business Day; and
- in all other cases, must be done on the next Business Day.
- Intellectual Property Rights
- Intellectual Property Rights exist and apply to the Site, the Mobile App and all of the contents of the Online Pilates Program and includes and extends to all text, words, phrases, pages, product names and Audiovisual Content, unless otherwise obtained from third party who may itself have its own Intellectual Property Rights.
- You acknowledge and agree that you will not download, copy, reproduce, modify, republish, upload, post, transmit or distribute the Online Pilates Program in any form or manner without JS Mind Body Pilates's prior written consent.
- Scope of Licence
- By virtue of these Terms, you are granted a non-exclusive, non-transferrable and non sub-licensable licence to personally access and use, for non-commercial purposes, the Site, the Mobile App and the Membership (the Licence).
- You may not use any licensed material on more than one computer system or mobile device concurrently.
- JS Mind Body Pilates reserves the right to vary or modify information or to discontinue any feature or part of the Site, the Mobile App the Membership and/or the Online Pilates Program without notice.
- The Licence will automatically terminate on the last day of your Membership.
- Without limitation, the use of the Site, the Mobile App and Membership is available only to individuals capable of entering into a legally binding contract and located in Australia, Barbados, Brunei, United Kingdom and Wales, Hong Kong, India, Malaysia, New Zealand, Northern Ireland, Pakistan, Republic of Ireland, Scotland, Singapore, South Africa or Sri Lanka. Individuals located in Canada or the United States are expressly precluded from the use of the Site, the Mobile App and Membership and the Online Pilates Program.
- By accessing and using the Site, the Mobile App and by signing up to the Membership:
- you warrant that you are over the age of eighteen (18); or
- if under the age of eighteen (18), your legal guardian must submit the membership application on your behalf or alternatively provide us with written parental consent for you to sign up to the Membership.
- You acknowledge that it is your responsibility to provide us with your accurate, complete and current details and you warrant that the details provided to us are accurate, complete and current. You further agree and warrant that if at any time your details or circumstances change, that you will as soon as reasonably practical provide us with your corrected information and for the purpose of this clause it is agreed that a reasonable period is no longer than seven (7) days.
- We may refuse to deal with you, at any time, at our sole discretion, including suspension or termination of your Membership if we believe that you have breached any warranty provided to us under these Terms (i.e. if you provide us with inaccurate, incomplete or misleading information) or if you breach these Terms in any other way.
- You indemnify JS Mind Body Pilates against any and all Loss that we suffer as a result of you breaching any warranty or failing to comply with these Terms.
- Any person representing to be your legal guardian is responsible for your compliance with the Terms and will indemnify us for any and all Loss that we suffer as a consequence of you failing to comply with these Terms.
- These Terms apply to all Memberships. You must meet eligibility criteria set out in clause 6 and acknowledge the contents of clause 12 (Medical Disclaimer) before applying for a Membership.
- Provided you comply with the conditions precedent as set out in clause 7(a) above, you may apply to subscribe to a Membership by selecting and submitting your application through the Site or the Mobile App.
- On application:
- You will be asked to create a login and a password. You acknowledge that it is your responsibility to keep these details secure and you warrant that you will not share them with any other person or entity. You must immediately notify us in writing if you discover or suspect that there has been any unauthorised use of your login details.
- Any Membership Application placed by you through the Site or the Mobile App is an application by you to subscribe to be a member of JS Mind Body Pilates at the price specified on the Site or the Mobile App at the time you submit your application (including any GST). Acceptance of your application by JS Mind Body Pilates is completely up to our discretion.
- Membership is offered in monthly blocks and will automatically renew at the end of each period for another month unless cancelled in accordance with clause 10.
- Your Membership start date is deemed to be the day after the Free Trial ends, or if you are not eligible for the Free Trial the day your Membership Application is approved.
- Memberships are non-transferrable.
- Free Trial
- A Free Trial is available to all new and first-time Members only. A Free Trial is not available to previous Members, including individuals who had previously had a Subscription and re-apply for a Membership using a different email address.
- A Free Trial will begin on the day your Membership Application is approved and end at 11.59pm ten (10) days after and inclusive of that date. For avoidance of doubt, if your Membership is approved on a Monday, the Free Trial will end at 11.59pm following Wednesday.
- Payment terms
- Unless Membership is cancelled before expiration of the Free Trial, the first payment for the Membership will be debited from your nominated account at 12:00am the day after your Free Trial expires.
- The second Membership payment, and all subsequent Membership payments will be debited from your nominated account one month after the previous payment until the Membership in terminated in accordance with clause 10.
- Termination of Membership
- You may cancel your Membership at any stage, for any reason on seven (7) days' notice to us via email to [email protected]
- You will have access to your Membership and the Online Pilates Program until expiry of the relevant monthly block.
- We are not liable to and will not issue any refunds for the pro-rata days between the cancellation date and the last day of the monthly block in which you cancel your Membership.
- Exclusions and limitation of liability
Without excluding, restricting or modifying any rights and remedies that may be available to you under the Australian Consumer Law:
- To the full extent allowed by law our liability for breach of any term implied into these Terms by any law is excluded.
- You expressly agree that use of the Site, the Mobile App and the Online Pilates Program is at your own risk.
- Any advice, recommendation, information, assistance or service given by us through the Site, the Mobile App and the Online Pilates Program is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given. It is provided without any warranty or accuracy, appropriateness or reliability. We do not accept any liability or responsibility for any Loss suffered as a result of your reliance on such advice, recommendation, information, assistance or service.
- To the fullest extent permissible at law, we are not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the provision of the Online Pilates Program, or otherwise arising out of the provision of the Online Pilates Program, whether based on Terms, negligence, strict liability or otherwise, even if we have been advised of the possibility of damages.
- The Australian Consumer Law may give to you certain guarantees. Where liability for breach of any such guarantee can be limited, our liability (if any) arising from any breach of those guarantees is limited with respect to the supply of the Online Pilates Program, to the cost of one (1) month of Membership block.
- Medical Disclaimer
- The Online Pilates Program may not be suitable to your particular circumstances. You must consult a qualified medical professional before participating in the Membership and/or the Online Pilates Program, and in particular if:
- you are pregnant (or reasonably suspect that you could be pregnant);
- you are breast-feeding;
- you are post-pregnancy;
- you suspect that you have any medical condition(s);
- you have any pre-existing medical condition(s);
- you are in poor health or have concerns or doubts about your physical fitness.
The Pre Natal Pilates Course is designed for women who are preparing for pregnancy or experiencing a normal pregnancy without any complications
The Post Natal Course is to be commenced at the earliest six (6) weeks post delivery following the six (6) week medical check up and confirmation from a qualified medical practitioner that it is safe for you to proceed with a Post Natal Pilates Course.
The information in the Pre and Post Natal Pilates Course is intended as a guide and does not replace any Medical advice you have been given.
If you are pregnant, breastfeeding or have recently given birth you must consult your doctor or medical practitioner before commencing any Online Pilates Courses. As a guide, and in addition to, but not so as to replace or contradict any advice given to you by a qualified medical practitioner:
- Make sure you exercise in a suitable well ventilated environment where you are able maintain an even body temperature at all times.
- Avoid any excessive rise in body temperature.
- Have access to a supportive mat and pillows for supporting your back, head and abdomen.
- Pilates during the Pre and Post Natal period should be about gently energising as you exercise and you should not feel tired after a session. If you do feel tired rest more between exercises and shorten your session times.
- Generally consider one (1) hour maximum per session with a limit of two (2) sessions per week not on consecutive days. Consider shorter sessions of 20-30 mins per session if you are experiencing fatigue.
- Make sure you have had adequate nutrition and hydration before a session and small amounts of water during a session is recommended.
- After the first trimester, you should not exercise while you are lying on your back as the weight of the baby could push against your blood vessels and cut off supply to your baby or make you feel faint.
- If you notice any changes while you are exercising including but not limited to dizziness, shortness of breath and increased heart rate, stop exercising immediately and seek medical attention straight away.
- You are responsible for monitoring your health and developments in the course of the Online Pilates Program and must consult a medical professional if you have any concerns about your health or if your health condition changes at any stage.
- If at any time during your use of the Online Pilates Program you notice any adverse or unanticipated changes to your health (whether it be physical, emotional or mental), you must consult a qualified medical professional forthwith.
- By subscribing to the Membership, you warrant that you have consulted a qualified medical practitioner and are satisfied of your fitness to participate in the Online Pilates Program.
- You acknowledge that the content provided through the Site, the Mobile App and the Membership and the Online Pilates Program is for educational and informational purposes only, and that none of the content is meant to diagnose, treat, alleviate or relieve any medical or health condition(s), nor guarantee any particular outcome or results.
- If there is any inconsistency between the content provided through the Site, the Mobile App, the Membership and the Online Pilates Program and advice provided to you by a qualified medical practitioner, the advice provided to you by a qualified medical practitioner shall always prevail and should be followed.
- You acknowledge that:
- participating in the Online Pilates Program there may be risks to your health;
- some of the risks to your health may be caused by your own acts or omissions, or other persons;
- there may be risks that are not known to you or are not readily foreseeable; and
- your participation in and use of the Online Pilates Program is voluntary;
and you accept those risks and that participation in the Online Pilates Program is at your own risk completely, and forever release and indemnify us to the fullest extent permitted by law against all claims, losses, damages and/or costs suffered by you as a result or in any way connected with the Membership and/or the Online Pilates Program.
- Force majeure
- If circumstances beyond our control prevent or hinder our ability to provide the Membership and/or the Online Pilates Program, we are free from any obligation to provide the services while those circumstances continue and may elect to cancel your Membership or keep it on foot until such circumstances have ceased.
- Circumstances beyond our control include, but are not limited to, unavailability of materials or components, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders and failures or malfunctions of computers or other information technology systems.
- These Terms are governed by the laws of New South Wales and each party irrevocably submits to the non-exclusive jurisdiction of the courts of that state.
- These Terms and any written variations agreed to in writing by us represent the whole agreement between the parties relating to the subject matter of these terms.
- These Terms supersede all oral and written negotiations and communications by and on behalf of either of the parties.
- You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent.
- We may assign our rights and/or obligations under these Terms to any other party as we see fit.
- In entering into these Terms, you have not relied on any warranty, representation or statement, whether oral or written, made by us or any of our employees or agents relating to or in connection with the subject matter of these Terms.
- If any provision of these Terms at any time is or becomes void, voidable or unenforceable, the remaining provisions will continue to have full force and effect.
- A party's failure or delay to exercise a power or right does not operate as a waiver of that power or right.
- A notice or other communication required or permitted to be given by one party to another must be in writing by email specified in the Contact Details.
- Contact details
If you have any questions or concerns about your Membership, the Site, the Mobile App or the Online Pilates Program please contact us by email at [email protected]