0426 950 020

Bomaderry, Shoalhaven NSW

[email protected]

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Terms and Conditions

Session Terms and Conditions

 

Bookings

When booking a session you are agreeing to the detailed terms and conditions. All bookings, cancellations, rescheduling can be done via direct message or phone 0426 950 020.

Payments for in house Clinical Pilates can be made via cash or direct deposit:

BSB: 814 282

Acct: 50683316

Name: Meredith Gadd

Ref: Your Name

 

Cancellation Policy

All private, semi private, small group and online sessions have a strict 24  hour minimum cancellation policy, so we have time to offer the session to someone else. Full fees will be charged for late cancellations. Where possible a “make-up” session will be offered to help you avoid the late cancellation fee.

 

Hygiene Policy

All clients are to bring and use clean socks and a towel. If you forget to bring clean socks and/or a towel, we have super cute Pilates socks to purchase and will happily loan you a towel.

Happy Place Pilates also has hand hygiene measures in place. Prior to commencing your session, you are required to either wash your hands with soap and running water OR use the hand sanitiser provided. You are of course welcome to do the same as you leave.

The studio is cleaned in between sessions. Unfortunately, this means sessions can’t run overtime.

 

Website Terms and Conditions of Use

  1. About the Website

Welcome to www.happyplacepilates.com.au (the ‘Website‘). The Website is designed to provide general information about Pilates and associated topics. And to supply and distribute general tutorial, instructional written, video and audio visual material in connection with and related to the practice of Pilates as well as one on one and personalised advice and tutorial material from time to time with respect to the practice of Pilates (the ‘Services‘).

The Website is operated by Meredith Leanne Gadd trading as Happy Place Pilates (ABN 27312941821) (Happy Place Pilates). Access to and use of the Website, or any of its associated Products or Services, is provided by Happy Place Pilates. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading and/or purchasing the Services from or through the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

Happy Place Pilates reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Happy Place Pilates updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

  1. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Happy Place Pilates in the user interface.

  1. Supply of Services

In addition to material available on the Website Happy Place Pilates through the Website offers the Services for sale, supplied by way of email link from Happy Place Pilates to your nominated email address following the successful processing of your payment for the supply of the Services.

In purchasing the Services you acknowledge and agree that it is your responsibility to ensure that the material you elect to purchase is suitable for your use.

As part of the purchasing process from Happy Place Pilates, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

  • Email address
  • Phone number
  • Address

You warrant that any information you give to Happy Place Pilates in the course of purchasing or continuing the use the Services will always be accurate, correct and up to date.

You may not use the Services and may not accept the Terms if:

  • you are not of legal age to form a binding contract with Happy Place Pilates; or
  • you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
  1. Your obligations in Purchasing and/or otherwise consuming the Services

In purchasing or otherwise consuming the Services, you agree to comply with the following:

  • you will use the Services only for purposes that are permitted by:
    • the Terms; and
    • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  • you have the sole responsibility for protecting the confidentiality of your password and/or email address;
  • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Happy Place Pilates of any unauthorised use of your password or email address or any breach of security of which you have become aware;
  • you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Happy Place Pilates;
  • you will not use the Services or Website for any illegal and/or unauthorised use which includes unauthorised framing of or linking to the Website;
  • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Happy Place Pilates for any illegal or unauthorised use of the Website; and
  • you acknowledge and agree that any automated use of the Website or its Services is prohibited.
  1. Payment

Where the option is given to you, you may make payment of the Subscription Fee by way of:

  • PayPal (‘PayPal‘)

All payments made in the course of your purchase and use of the Services are made using Paypal. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Paypal terms and conditions which are available on their website.

You acknowledge and agree that where a request for the payment of the purchase price of the Services is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with your purchase and use of the Services.

  1. Refund Policy

Happy Place Pilates will only provide you with a refund of any purchase price for the Services in the event they are unable to provide the Services or if the manager of Happy Place Pilates makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances .

Your rights to refund are as prescribed under the “consumer guarantees” as defined by Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Consumer Guarantees”) (“Australian Consumer Law”). Please note we do not give refunds for change of mind.

In the event of any defect with the Services (including any Products) that you have purchased on or through our Site, your remedies will be as prescribed under Australian Consumer Law, and our liability will be limited to replacement of the Services in question, or refund to the value of those Services. If you believe any of the Services purchased on or through our Site contain a defect, or are damaged or incorrect, please notify us immediately by emailing us at [email protected] requesting a refund or exchange.

  1. Copyright and Intellectual Property

The Website, the Services and all of the related products of Happy Place Pilates are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Happy Place Pilates or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by Happy Place Pilates, who grants to you a worldwide, non-exclusive, royalty-free, revocable license when you have purchased the Services from time to time to:

  • use the Website pursuant to the Terms;
  • copy and store the Website and the material contained in the Website in your device’s cache memory; and
  • print pages from the Website for your own personal and non-commercial use.

Happy Place Pilates does not grant you any other rights whatsoever in relation to the Website or the Services in whatever format supplied. All other rights are expressly reserved by Happy Place Pilates.

  1. Medical Advice & Use of Information on our Website

In accessing and viewing content and purchasing services through our Website you accept and agree in utilising such content and Services that:

  • All content on our Website is for informational and educational purposes only.
  • Any statements appearing on our Website or in our services have not been evaluated by any other national or international agencies.
  • None of the content or services offered on our website are meant to diagnose, treat, alleviate or relieve any medical or health conditions, nor to guarantee any particular outcome or results.
  • The services supplied and content found on our Website are not a substitute for the advice provided by your doctor or other healthcare professional or as a diagnostic tool.
  • You should always speak with your doctor or other healthcare professional before adopting any treatment for a health problem or before adopting any new fitness or dietary regime or using any of our services.
  • If you have or suspect that you have a medical problem, or if you have a pre-existing medical condition, you should contact your health care provider before using our Services or utilising information on our Website.
  • You should not utilise the information or services available on our Website without first obtaining advice from a medical practitioner or other health care professional, in the event that you choose to utilise such information or services without such medical advice you acknowledge that you do so entirely at your own risk with respect to all physical and financial loss and damage which may eventuate.
  • You acknowledge that the incorrect or excessive implementation, use or repetition of the material or services provided on our website may result in injury, physical and financial loss and damage. You indemnify Happy Place Pilates to the full extent of such loss and damage to yourself and any other parties directly or indirectly affected.
  • Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health care provider because something you have read on our Website.
  • You should be in good health and physically fit when using our services, failure to be in good health may result in adverse health consequences.
  • If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.
  • If you are pregnant, breast-feeding or post-pregnancy you consult your doctor or a qualified medical professional before using any of our Services or utilising any information or material on our Website. As a guide and in addition to, but not to replace or contradict, any medical advice received from your doctor or a qualified medical professional:
    1. Avoid exercise in warm/humid environments, especially during the 1st trimester;
    2. Avoid isometric exercise or straining while holding your breath;
    3. Maintain adequate nutrition and hydration – drink liquids before and after exercise;
    4. Know your limits – pregnancy is not a good time to train for athletic competition; and
    5. Know the signs to immediately stop exercise and consult your doctor or a qualified medical professional as soon as they occur.
  • You are responsible for making your own inquiries and seeking independent advice from a healthcare professional before acting on any information or material made available to you through our Website.
  1. Privacy

Happy Place Pilates takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Happy Place Pilates’s Privacy Policy, which is available on the Website.

  1. General Disclaimer

Nothing in these terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
  • Happy Place Pilates will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website and the services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Happy Place Pilates make any express or implied representation or warranty about the Services or any products or Services (including the Services of Happy Place Pilates) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  • the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
  • costs incurred as a result of you using the Website, the Services or any of the products of Happy Place Pilates; and
  • the Services or operation in respect to links which are provided for your convenience.
  1. Limitation of liability

Happy Place Pilates’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

You expressly understand and agree that Happy Place Pilates, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

  1. Indemnity

You agree to indemnify Happy Place Pilates, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use, consumption or reliance on the information contained on our Website and/or the Services provided.
  • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
  • any breach of the Terms.
  1. Venue and Jurisdiction

The Services offered by Happy Place Pilates is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

  1. Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

  1. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.