Terms & Conditions
- Pilates with Karol runs a number of Classes:
(a) Live Pilates with Karol Classes,
(b) Live Prenatal Pilates with Karol Classes, and
(c) In-person Pilates with Karol Classes
- Pilates with Karol runs the above Classes via its Website pilasteswithkarol.com.au (‘the Website”).
- Access to the Website, Registration into and participation in any of the Pilates with Karol Classes are governed by these Terms and Conditions.
- The Website, all Classes run by Pilates with Karol Classes and other programs and services provided via the Website are owned by Pilates with Karol ABN 27 807 593 528(‘Pilates with Karol’, ‘we’ ‘our’ or ‘us’, ‘our trainers’)
- Registration to our Classes is via our Website.
- After registering to the Classes using our Website, the Attendee (“You”) will be able to join these Classes for a term consisting of 10 consecutive sessions. The starting and end dates for those 10 consecutive sessions are provided in the calendar available on our Website.
- All the content of the Website is owned by Us. All our rights are reserved. This includes our rights over writings, artwork, photographs, programs, description of classes and other material on the Website and other forms of authorship protected by copyright in Australia. Further information on Intellectual Property and Ownership is provided at clauses 57 to 64 below.
YOUR OBLIGATION TO CAREFULLY CONSIDER THE CLASSES WE OFFER, OBTAIN MEDICAL ADVICE BEFORE REGISTERING IF NEED BE, AND CEASE THE CLASSES IN THE EVENT OF A MEDICAL CONDITION:
- In order to assist You to decide if You wish to register to attend our Classes, You must first carefully consider the gallery of photographs describing the types of classes we offer. You must also first consider our description of the classes You would attend.
- BEFORE SUBSCRIBING to the Classes, You must obtain advice from your medical practitioner who must confirm that You are fit to engage in this Program.
- If You wish to attend our Classes, We highly recommend that You purchase a Pilates mini ball and a flex band. It is possible to complete the exercises shown in our Classes without this equipment, however it is likely You will improve your outcome if You use this equipment during the Classes, as shown by our trainers. If You have any queries regarding this equipment, please send us an email before You register for our Classes.
- 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 our Classes, and You must obtain a medical clearance to complete the exercises outlined in each class.
- Warning: The general Live Pilates with Karol Classes are NOT suitable for pregnant women.
- If You are pregnant, the only classes You can register for with us are Prenatal Pilates with Karol Classes, which registration link is also available on our Website.
- Whether You wish to register for the Live Pilates with Karol Classes or the Live Prenatal Pilates with Karol Classes or the In-person Pilates with Karol Classes, You must complete a Waiver and Exercise Questionnaire, and sign those documents electronically.
- BEFORE STARTING any of our Classes, You must make sure that You are physically able to participate in the Classes. You must also confirm to us that You have reviewed the exercises featured in our gallery of photographs and class descriptions, and that You have determined that 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 satisfied yourself that You are fit and well to complete the Classes, 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 our Classes, You must immediately stop all exercises and inform us. If in doubt, before registering You must first obtain medical advice and guidance, and by registering in the Classes, You guarantee to Pilates with Karol that You have done so, before registering and undertaking these Classes.
- Further if in any doubt once You have registered, You must not continue attending our Classes, You must obtain medical advice, and You must inform us of the reasons for not continuing.
- IT IS YOUR RESPONSIBILITY -AT ALL TIMES- TO ENSURE THAT YOU ARE FIT AND CAPABLE OF UNDERTAKING OUR CLASSES.
- Any advice, information or other content on our Website are not medical or legal advice. You undertake not to rely on our Website for medical or legal advice.
- Any advice, information or other content on our Website is subject to change from time to time and may include technical inaccuracies. We do not warrant the accuracy, completeness or adequacy of such advice, information, or content on this Website. You must make your own enquiries and satisfy yourself, before registering for our Classes.
- The features displayed on the Website and Classes are available to members who have registered for these online classes. The prices displayed on the Website are in AUD and are valid and effective only in Australia.
Terms and Conditions of Use
- This entire document (the ‘Terms and Conditions’ including but not limited to the Terms and Conditions of Use) sets out your responsibilities, duties and rights with respect to subscription to our Website and registration in our Classes. You must read it carefully and understand this document.
- You are responsible for Internet access in order to register and attend our Classes. It is your responsibility to ensure that your internet access is strong and reliable, and that You know how to operate the Zoom program in order to join our online classes. If in doubt, You must first resolve all technical issues before registering. You can also send us an email if You have any concerns.
- During our Live Classes, and immediately following the trainer’s introduction to each class, the trainer will mute your microphone and You will not be able to communicate with your trainer. You will be able to clearly hear all instructions, and clearly observe all exercises shown by the trainer. The trainer will also be able to observe You performing each exercise.
- If in doubt as to any aspect of a class, You must write to us via email or SMS upon viewing our gallery of photographs and reading the description of our Classes, or as soon as that doubt arises, or immediately after the class, whichever is first. By registering in our Classes, You acknowledge that this is an ongoing obligation on You.
- By registering an account with us, or using our Website, You expressly acknowledge and agree that You:
- have read and understood all of our 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 Classes from Pilates with Karol after posting of the amended terms confirms 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 register in any of the Pilates with Karol Classes, You are agreeing to receiving e-mails from us.
- Your registration to our Classes provides You with a non-exclusive and non-transferable licence to use our Website for purposes of attending those Classes and communicating with us.
Liability to Customers/Consumers
- 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 these Terms and Conditions excludes, restricts, or modifies any term, condition, warranty, guarantee, right or remedy, which cannot be lawfully excluded, restricted, or modified.
Disclaimers and Indemnities given to Pilates with Karol
- Otherwise than as per clause 32 above, and except as expressly included in these Terms and Conditions, 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 Classes or our programs, or as a result of your use of the materials and information provided by our Website, and You agree and accept that we do not give any guarantee that this Website is free from viruses or any other defects or errors.
- To the maximum extent permitted by law, Pilates with Karol is not liable to You for any loss or damage suffered by You or anyone else in connection with the use of this Website or our Classes or Programs or any of the contents in this Website.
- We are not liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to our Classes, Programs, or this Website.
- Unauthorised use of our Website may give rise to a claim for damages by us.
- By registering, You acknowledge and accept that You will be solely responsible for and will indemnify us and keep us indemnified in respect of any loss, damage or expense suffered or incurred by us arising directly or indirectly from any breach of these Terms and Conditions by You, unless directly caused by gross negligence on our part.
- Further, 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 our Classes or Programs;
- Your breach of these Terms and Conditions;
- Your use of our content; and
- Your breach of duty of care.
- 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 our Classes.
- By subscribing and continuing your subscription, You acknowledge and accept that we are entitled to collect, use, store and disclose your personal information in accordance with these Terms and Conditions; and that by so doing, we are not doing anything that would cause us to be in breach of a privacy law.
- Personal informationmeans all information about You that is ‘personal information’ as defined in the Privacy Act 1988 (Cth) which is collected or held by us in connection with these Terms and Conditions and subscription to the Program.
- If we are required by law or if necessary for debt collection reasons, your personal information may be disclosed to a third party.
- Our electronic addresses are for the purpose of professional communication only and we do not consent to the receipt of unsolicited commercial electronic messages.
Invalid terms and conditions
- In the event that any or any part of the terms contained in these Terms and Conditions are determined by a court to be invalid, unlawful, or unenforceable, then such term/s shall be severed from the remaining terms.
- We do not accept responsibility in the event that the Website is unavailable to You due to any computer downtime, malfunction, or such other event outside our control.
Registration, Links to Classes and Password requirements
- Attendees must be at least 18 years old in order to register for the Classes, use and access or participate in the Classes, and by registering You guarantee You are at least 18 years old.
- You must always provide honest and truthful information to us, in particular regarding your medical condition and fitness to engage in our Classes. By registering You warrant that You are fully fit and able to engage in our Classes.
- Registration in our Classes is for You as a single user only. You must not authorise third parties to access our Classes. Recording of our Classes is strictly prohibited.
- On registration to the Classes and payment for them in full, Pilates with Karol grants You a limited, non-exclusive, non-transferable, and revocable licence to attend our Classes and use any material provided in support of those online Classes on our Website, strictly in accordance with these terms and conditions, and solely for your personal use and enjoyment.
- As a registered Attendee, You will be provided with a link to log onto our online classes. In the event You forget, lose, or misplace that link, we may refuse to issue a new link, in our sole discretion, until such time as we are satisfied about your identity and your ability to perform your obligations under these Terms and Conditions.
- You must always keep your link to our online Classes confidential. You must not:
(i) allow anyone to watch You enter your link when accessing the online closes;
(ii) record your link in any manner that would indicate to anyone that it is your link.
(iii) share your link with anyone, regardless of whether that person is also a registered Attendee.
- You must inform us as soon as possible if You become aware of misuse of the link provided or loss or theft of a record of any password or link we have made available to You, or if You suspect that such link or password has become known to anyone. We are not liable for any loss or damage which You or any third party may suffer as a result of the loss or theft of this link or password.
Payments, Refunds and Cancellation
- Subscribers will require Internet access to pay for the Classes through the Website at the time of registering, using the credit card payment facility on the Website.
- You will be billed for the entire 10 sessions on registration. If your payment expires or does not go through, your access to the Classes will be cancelled automatically.
- NO REFUNDS and NO CREDITS are available in respect of any missed Classes or if You change your mind and You do not wish to attend the Classes. This is because by registering, You have in effect taken the spot of another possible attendee or subscriber, and Pilates with Karol has agreed to provide those 10 classes to You and we have assigned a trainer to the class, and thus we have incurred expenses based on your registration and payment in full.
- In the event You miss any Classes due to reasons beyond your control, Pilates with Karol will endeavour to provide You with access to a catch up class. For those purposes, You must contact Pilates with Karol via email as soon as practicable after missing that class.
Intellectual Property and Ownership
- Pilates with Karol and these Terms and Conditions, the content of the Website, our Classes, Programs and videos and other content will, at all times remain our property, and are subject to copyright and other intellectual property rights under intellectual property laws of Australia.
- All writings, artwork, photographs, descriptions, videos, other content, and other forms of authorship appearing on our Website are protected by copyright.
- Pilates with Karol exclusively owns the intellectual property rights in respect of the Website. You undertake not to copy, duplicate, distribute or modify it, in any manner whatsoever.
- The Website as well as the links provided by us through the Website, or by any other means are for the sole purpose of your private and personal use. You undertake not to use our Website in violation of our intellectual property rights or the intellectual property rights of others.
- You must not use our Website in a manner that violates a law or regulation of Australia or any other country.
- You undertake not to create a link to our Website or distribute our Website’s link on your own, without our prior written consent.
- You agree not to share your Website and/or registration access details with others, and You understand that if You do so, we could claim economic damages against You. We reserve our right to do so.
- Our Website may contain links to third party Websites. We do not provide guarantee or warranty of any kind for the third-party Websites. Using those links release us from any liability arising from such use.
- These Terms and Conditions will be governed by and construed in accordance with the laws of the state of New South Wales, Australia.
- Gift cards are valid for 3 years from date of purchase or as required by applicable consumer law. No extensions will be granted.
- Gift cards are non–refundable.
- Gift cards can be redeemed only for pilates courses via www.pilateswithkarol.com.au.
- All gift cards must be redeemed in one transaction.
- Gift cards must be redeemed by the recipient named on the gift card.
- To purchase gift cards, the purchaser must register via www.pilateswithkarol.com.au and provide the purchaser’s and recipient’s full name and email address. It is the sole responsibility of the purchaser to verify that the names and email addresses are spelled correctly.
- Upon receipt of payment, the gift card containing a unique code number will be forwarded to the recipient’s nominated email address.
- Pilates with Karol is not responsible for any loss suffered as a result of a gift email card being blocked by filters or firewalls or where incorrect recipient’s name and/or email address has resulted in gift card not being sent at all, or being sent and used by someone else.
- Failure to enter the correct information will result in the purchaser and recipient forfeiting the gift card.
- Lost, stolen, damaged, deleted or misplaced gift cards containing unique code numbers will not be honoured by Pilates with Karol.
- Gift cards containing incorrect unique code numbers will not be honoured by Pilates with Karol.
- Pilates with Karol standard Terms and Conditions apply to all pilates courses redeemed with gift cards.