Pilates with Karol Terms and Conditions

The Pilates with Karol website at pilasteswithkarol.com.au (website) and services are owned by Pilates with Karol (‘Pilates with Karol, ‘we’ ‘our’ or ‘us’).

We offer via our website, access to subscribers to our online pilates exercise program and videos.

After subscribing to the Pilates with Karol program that is provided on the website, the subscriber (“you”) will be granted access to the program on the website from that program start date.

Your obligations to consider the program, obtain medical advice and cease the program in the event of a medical condition:

In order to assist you to decide if you wish to continue the subscription, we offer a 1 week free trial subscription where we recommend to read the descriptions of classes and watch the video first before you perform any of the exercises. You can unsubscribe if the exercises are not suitable for your level of fitness.

Before subscribing to this program and videos, you must obtain advice from your medical practitioner that you are fit to engage in this program as outlined above.

If you suffer from, or may suffer from, a medical condition or health concern, then you must consult your medical practitioner before taking part in the program, and you must obtain a medical clearance to complete the exercises outlined in each video.

This program is not suitable for pregnant women.

Before starting this program, you must make sure that you are physically able to participate in the program. You must review the exercises featured in each video to determine if you are able to complete those exercises safely.

By accepting these Terms and Conditions you give a guarantee to Pilates with Karol that you have ensured you are fit and well to complete our exercises and that you will strictly follow our instructions so as to ensure that you suffer no injury.

In the event you feel any discomfort or pain when attempting any of our exercises, you must stop all exercises immediately.

If after subscribing you suffer from any medical condition which may impact on you safely continuing with this program, you must immediately stop all exercises and unsubscribe. If in doubt, you must obtain medical advice and guidance, and by subscribing you undertake to do so and guarantee that you will do so before continuing with this program. It is your responsibility to ensure that you are fit and capable of undertaking this program.

The features displayed on the website and program are available to members who have subscribed to the online services. The prices displayed on the website are in AUD and are valid and effective only in Australia.

Terms of Use

You are responsible for Internet access in order to watch the videos in the program.

By registering an account with us, or using our website, you expressly acknowledge and agree that you:

  • Have read and understood these terms and conditions and agree to be bound by them;
  • Have ensured that you are fit and well to complete our exercises and that you will strictly follow those instructions so as to ensure that you suffer no injury;

and

  • Consent to the use of your personal information for the purpose set out in these terms and conditions, and use of the website generally.

Pilates with Karol may amend its terms and conditions from time to time and will post its amended terms on its website. Your continued use of our website and program from Pilates with Karol after posting of the amended terms will indicate your acceptance of the amended terms. Please check our website regularly to confirm if any terms have been amended.

Pilates with Karol reserves the right to alter any classes from time to time.

When you subscribe to Pilates with Karol online program, you are agreeing to receive e-mails from us.

Liability to Customers/Consumers

Statutory Guarantees

The Australian Consumer Law (‘ACL’) contained in the Competition and Consumer Act 2010 (Cth) (‘CCA’) provides certain guarantees in sections 60 to 62 which generally require that services supplied to you:

  • are rendered with due care and skill;
  • are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier and might reasonably be expected to achieve any result you have made known to the supplier;

and

  • are supplied within a reasonable time (when no time is set).

Please note that nothing in this agreement excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy, which cannot be lawfully excluded, restricted or modified.

Otherwise, and except as expressly included in this agreement, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from this agreement.  In particular, but subject to the preceding paragraph, we are not liable for:

  • negligence or any matters outside our control;
  • breach of terms implied that our services will be provided with reasonable care and skill at common law that in either case results in your death or injury in connection with or under this agreement (but to avoid any doubt, we do not exclude liability for reckless conduct);

or

  • any damage to your computer while running the program or videos.

Registration

  • Members must be at least 18 years old in order to register for the program, use and access or participate in the program and by subscribing you guarantee you are at least 18 years old.
  • You must provide honest and truthful information at all times to us, in particular regarding your medical condition and fitness to engage in this program.
  • Subscribing to the program is for you as a single user only. You must not authorise third parties to use the program.
  • On registration of the program, Pilates with Karol grants you a limited non-exclusive, non-transferable and revocable licence to use the materials provided with the program in accordance with these terms and conditions, and solely for your personal use and enjoyment.

Payments, Refunds and Cancellation

  • Subscribers will require Internet access to pay for the program through the website at the time of subscribing, using the credit card payment facility on the website.
  • You will be billed automatically each month. If your payment expires or does not go through, your access will be cancelled automatically.
  • NO REFUNDS and NO CREDITS are available in respect of past periods.
  • You can cancel your account by selecting “cancel subscriptions”. The cancellation will take effect from the next payment.

Your indemnity to Pilates with Karol

You agree to indemnify and hold Pilates with Karol indemnified from any and all claims arising out of or in connection with and of the matters below:

  • Your use of the website or participation in the program;
  • Your use of the videos;
  • Your breach of these terms and conditions;
  • Your use of your subscriber content;

and

  • Your breach of duty of care.

Privacy

  • Pilates with Karol is committed to protecting your privacy. Any personal information you provide to us will be collected for the primary purpose of providing you with access to and use of the website and participation in the program and use of the videos.
  • If we are required by law or if necessary for debt collection reasons, your personal information may be disclosed to a third party.

Intellectual Property and Ownership

  • Pilates with Karol and these terms and conditions, the content of the website, program and videos we provide to you in connection with Pilates with Karol, will at all times remain our property and are subject to copyright and other intellectual property rights under the Intellectual Property legislations of Australia.
  • You undertake not to copy, duplicate, distribute or modify in whole or in part, the Pilates with Karol intellectual property except as is expressly permitted by these terms and conditions.

Governing Laws

These terms and conditions will be governed by and construed in accordance with the laws of the state of New South Wales, Australia.