Terms of Service

CORE Online by Pilates Tasmania

  1. Definition For the purposes of these Terms and Conditions the following definitions apply:
    • Subscription
      • By virtue of these Terms and Conditions you will be granted a non-exclusive, non-transferable, non-licensable access to personally use for non-commercial purposes, the Platform and the services offered on the Platform (“Platform”).
      • You will have ongoing access to the “Platform” to view content. Any content, products and services are not downloadable and can be used only via access to the Internet.
      • The Subscription shall continue until terminated in accordance with this Agreement.
    • Platform
      • These Terms and Conditions govern your right to use the Platform and your access to the use of the services acquired in relation to the Platform or any links provided on the Platform to other websites.
      • Use of any content from the Platform is only for your personal use and not for any commercial or other use contrary to these Terms and Conditions and our legal rights in respect of the Platform.
      • You agree that you will derive content from the Platform in any way and/or make it available to any third party.
      • You agree that your use of the Platform will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in Australia and when accessed in another jurisdiction the laws of that jurisdiction and Australian law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws of Tasmania, Australia.
      • The content on the Platform, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to us, subject to copyright and other intellectual property rights under law.
  2. Your Agreement
    • In accessing, registering or using the Platform, including any and all webpages, the classes, program and/or services, products, information, text and images offered or provided on the Platform, you are deemed to have read and personally agreed to the Terms and Conditions.
    • We offer a monthly Subscription. Payment of Subscription is governed by these Terms and Conditions as well as our Billing Terms which form part of these Terms and Conditions.
    • If we offer, from time to time, promotional or special discounts to access the Platform, existing Platform members will not have access to these discounted rates, nor does any promotional or special discount void or trigger a cancellation of any existing Subscription. These promotional or special discounts are subject to separate Terms and Conditions of that offer.
  3. Eligibility
    • You represent and warrant that you are at least 18 years old and are responsible for the information provided when creating a Subscription with the Order Form for access to the Platform. If you are accessing and using the Platform on behalf of a part who is not at least 18 years of age then you are representing that you are that party’s legal guardian and are responsible for that party’s compliance with these Terms and Conditions. You will indemnify us for any losses or damage that we suffer as a consequence of the part who is less than 18 years of age failing to comply with these Terms and Conditions.
    • Without limitation, the Platform is available only to individuals with whom only legally binding contracts can be formed under Australian law.
    • We retain the right to refuse to deal with you at any time, at our sole discretion, including the suspension or termination of your Subscription if we believe that you may or will bring our reputation, those individuals who represent us in the market place, other Platform users or members into disrepute or otherwise will interfere with other parties’ rights to have reasonable use of and access to the Platform, or are in any way in breach of these Terms and Conditions.
  4. Platform Membership
    • You agree to provide accurate and truthful details about yourself for the purposes of your Subscription, for the Platform or any other purpose in relation to this Agreement. We reserve the right to suspend or terminate your Subscription if we discover you have, at any time, provided inaccurate, incomplete or misleading personal information.
    • Once you submit the Order Form, you will be given access to a “Members only” email subscription. You can opt out of this “Members only” email subscription by request via the “Contact Us” option on the support page of the Platform.
    • Access to the information provided through the “Members only” email subscription and Platform is for your sole use only.
    • Any password or access right given to you to obtain access, and the contents or use of the “Members only” email subscription or Platform is not transferrable to any third party.
    • We reserve the right, at our sole discretion, to terminate your access to the “Members only” email subscription or Platform if, in our opinion, you have failed to comply with any of the provisions of these Terms and Conditions.
  5. Third Parties
    • We may use third parties to assist us to manage and provide our Services to you including payment processing and Member registrations via the Order Form. These third parties may have access to certain personal information required for them to perform their function. They cannot use your information for any other purpose.
    • The Platform may also contain links to websites operated by third parties. Such links are provided for convenience or interest only and Pilates Tasmania has no liability in connection with your use of any such third party website or content posted or published on that website including privacy policies, and collection and use of your personal information.
  6. Payments
    • We offer a monthly ongoing subscription – which does not expire, allowing ongoing use of the Platform with payment renewal automated every 30 days respectively, from your nominated payment option on file. Payment receipt will be emailed to you upon receipt of payment.
    • Each payment is made in advance for access for the following 30 days use of the Platform. Cancel anytime using the cancellation form available on Support section of the Platform, which will remove access to the Platform immediately – forfeiting any remaining days access in relation to your current payment. Please note a refund will not be issued upon cancellation of your subscription.
    • If your payment is declined by your payment option on file, access to the Platform will suspend immediately. You will be notified by email that the payment has been declined with an option to update your payment method on file. If you wish to re-run your existing payment method, please re-enter the same payment method when promoted. Upon receipt of payment, your access to the Platform will recommence.
    • Payment of the above is governed by these Terms and Conditions as well as our Billing Terms which form part of these Terms and Conditions.
    • If we offer, from time to time, promotional or special discounts to access the Platform, existing Platform members will not have access to these discounted rates, nor does any promotional or special discount void or trigger a cancellation of any existing subscription. These promotional or special discounts are subject to separate Terms and Conditions of that offer.
  7. Renewel and Termination
    • Your Subscription will automatically renew for the same term of your initial Subscription at the 30 day mark, unless you opt out of your Subscription recurring by accessing the Cancellation form at the Support section of the Platform.
    • You may cancel your Subscription (please note a refund will not be issued when cancelling) to the Platform by notifying us and we can then deactivate any account in your name, your membership of the Platform and archive any information about you or your account stored in our database. Your information will be stored for 7 years from the date of purchase and/or Subscription at which point in time it will be deleted or destroyed.
    • If you wish for your information to be deleted you can request so via the Contact Form on the Support section of the Platform.
    • We may terminated your access to the Platform, Subscription or membership at our sole discretion if we believe you have breached any of the Terms and Conditions of the Subscription and we are at liberty to take any other action necessary to enforce these Terms and Conditions.
  8. Risk and Limitation of Liability
    • Title in the Purchase will pass to you on receipt of full payment from you or when you receive the Purchase, whichever happens later.
    • Risk or loss of damage to the Purchase will pass to you when we provide the Purchase to a third party for delivery of it to you and we provide no estimate as to time of delivery and you agree that time is not of the essence with respect to delivery.
    • Where we send you the Purchase by email delivery, and you claim that you have not received such delivery, then you must contact us on the Platform via the support section within 7 days of the date by which you submitted the Order Form for the Purchase to us to investigate your claim.
  9. Warranty/Refund
    • Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, due to the nature of the Platform we make no representations to you in respect of your use of the Platform or other products and services offered. We provide no warranty as to any results or outcomes associated with using the Platform, nor in respect of any use of the products and services offered.
    • You expressly acknowledge that your use of the Platform and any products and services is at your sole risk.
    • At our sole discretion, any claim for a refund will be considered on a case by case basis and we reserve the right to either provide you with a refund once the Purchase is ordered, paid for and sent to you, or refuse your claim. For the avoidance of doubt, any refund will only be provided in accordance with Australian Consumer Law.
  10. Privacy Policy
    • Your privacy is important to us. Our Privacy Policy is incorporated into these Terms and Conditions by reference. Please read carefully for information relating to the collection, use and disclosure of your personal information. We will manage your personal information in accordance with our privacy policy and these Terms and Conditions.
  11. Medical Disclaimer
    • We are not a medical organisation and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing on the Platform or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs. You are solely responsible for evaluating and assessing your own health and well being and whether, in all the circumstances, you should access and use the Platform and/or participate in the Platform and/or its products and services. We encourage you to seek appropriate medical advice or assistance before embarking on the use of the Platform.
    • You agree that neither we, nor any of our affiliates, service providers, suppliers or other associated third parties warrant or make any representation about the contents, products, services or offers referred to on the Platform, and specifically do not make any representation about the risks, results, reasonableness or accuracy or otherwise of such contents, products, services or offers and your use of the Platform, it is at your sole risk.
  12. Limitation of Liability
    • Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent of such limitation or exclusion of liability is not permitted by law.
  13. Our rights to modify services
    • You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise amend the Platform and/or the Terms and Conditions, as we see fit.
    • We will publish any intended changes on the Platform. You will be deemed to have accepted such changes based on your continued use of the Platform following our publication of the notice of change on the Platform.
    • You agree that we may transfer, assign, license, or amend with our interest in the Platform, copyright or any other published material to any Affiliate or to a third party who shall in any event be bound to meet the obligation of any agreement you have with us for services we provide to you for payment. We will give you notice of any change or dealing within 60 days via email.
  14. Jurisdiction
    • These Terms and Conditions are governed by the laws of Tasmania, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.
  15. Indemnity
    • You agree to indemnify us to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of the Platform and/or from your breath of any of the Terms and Conditions and/or facilitation or support by you of a third party causing any loss or damage to us.
    • You are required to exercise due care to conform to any Australian laws relating to publication, broadcasting, media controls, advertising standards and social media legal considerations as they may be applied to you in relation to the Platform or your actions of conduct.
    • You agree to indemnify us for any claims, losses, liabilities, costs or expenses incurred by us you may cause, or contribute to such losses.
  16. General
    • Entire agreement. These Terms and Conditions form the entire agreement between us and you in relation to the Platform and your use of it.
    • Waiver. Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.

Billing Terms

In purchasing any product or access to the Platform you agree to

  • Pay using a valid debit or credit card (or any other form of payment we may allow);
  • Provide us with current and complete information as detailed in the purchase Order Form including full legal name, billing address, email address, debit or credit card details and billing information as required without limiting any of our fights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete we reserve the right to refuse to continue with your Purchase, or put on hold or terminate your access to the Platform or any services or products in relation to or provided by us at any stage at our sole discretion, and you forfeit any right to a refund of any payment made by you for the Purchase;
  • Pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the Purchase (“the costs”); and
  • All costs are in Australian Dollars unless otherwise indicated.
  • You acknowledge and agree that prices may vary from time to time, due to the ongoing nature of the Subscription. Pilates Tasmania will notify in writing, no less than 7 days prior to your scheduled renewal, of any changes in price;
  • You acknowledge and agree that prices will vary depending on the Subscription as well as the region you are located.

Membership Cancellation

  • If you wish to cancel your core membership, you can do so at any time by completing the online Membership Cancellation Form. All cancellation requests must be received in writing and we require a minimum of 1 week to process your cancellation.

Failed Payments

  • If a payment is unsuccessful against the payment option you provided, you will be charged any associated third party charges in relation to that payment failure on top of the original amount, and a $5.00 administration charge.
© 2021 Pilates Tasmania