Terms of service.
Welcome to Pace Physiotherapy Pilates (ABN: 40 306 583 886) (“we”, “our” or “us”).
We provide Pilates and Educational classes (Services) through Vimeo or other similar platforms, including www.pacephysiopilates.com (Pace Physiotherapy Pilates Platform).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES.
These Terms and Conditions apply to your use of the website and the Services. By using the Services, you signify your acceptance of these Terms and Conditions. If you do not agree to these Terms of Conditions, then you must not use this website or the Services.
We reserve the right to change these Terms and Conditions from time to time, and any updated or amended terms will apply to your use of our website and the Services from the date on which the modified Terms and Conditions are published on the website. It is your responsibility to read and understand these Terms and Conditions, and to review any updated Terms and Conditions when they become available.
1. Your Representations
You represent and warrant that:
1. you are at least 18 years of age; and
2. you will use this website and the Services in accordance with these Terms and Conditions.
2. Use of the Services
To use our Services, you must either:
1. register your details for a class on Pace Physiotherapy Pilates Platform;
2. access a video link sent by us;
3. access pre-recorded Pilates or Educational classes through Vimeo or other similar platforms; or
4. register for Pace Physiotherapy Pilates On Demand through Pace Physiotherapy Pilates Platform (On Demand).
You may only use the Services for your information and personal use and must not be used in connection with any commercial purposes, except as specifically approved by us in writing.
In consideration for the payment of any license or subscription fees specified by us (if any), we grant to you the license to access On-Demand, subject to these Terms and Conditions, during the subscription period chosen by you on the Pace Physiotherapy Pilates Platform (Subscription).
Unless otherwise specified on the Pace Physiotherapy Pilates Platform, the Subscription will be ongoing and renew automatically at the end of each subscription period for such time as you continue to pay all applicable subscription fees, unless and until your Subscription is terminated by you or by us.
Depending on the level of Subscription you have chosen, you may not have access to all content on the Pace Physiotherapy Pilates Platform or otherwise be restricted from some functionality.
If you register for a free-trial or discounted Subscription, when that period ends, the full paid Subscription will begin (unless cancelled).
You may change or cancel your Subscription at any time and your changes will be applied to your next Subscription period.
We may change the fees payable at any time on notice to you, and those fees will apply to any subsequent transition. If you do not accept the change in fees, you must cancel your Subscription and/or cease using the relevant Services before those new fees become effective.
You agree that we may suspend, terminate and/or cancel your registration at any time, for any reason in our sole and absolute discretion, including if you fail to pay your subscription fees, without any liability to you. Upon terminating, suspending and/or cancelling your registration, you will not be permitted to use any features of functionality of Pace Physiotherapy Pilates Platform or our Services.
3. Pace Physiotherapy Pilates’ Content
All materials on Pace Physiotherapy Pilates Platform, Pace Physiotherapy Pilates social media accounts, or as otherwise available to you via the provision of the Services, including but without limitation to videos, images, text, illustrations, trade marks, business names, domain names, copyright, designs and any other intellectual property displayed on or incorporated into the website of the Services (Our Content) is either owned by us or licensed to us.
You must not copy, reproduce, adapt, transmit, distribute, distort, modify or otherwise use Our Content for any purpose or in any way not expressly stated in these Terms and Conditions.
4. Your Content
Nothing in these Terms and Conditions affects the ownership of any words, images, information or other materials that you post or submit to the website, or otherwise provide to us (Your Content). By providing Your Content to us, you:
1. represent that any information comprising Your Content is complete, true and correct;
2. acknowledge that we will rely on Your Content in entering into any agreement or transaction with you;
3. promise that you own or have the right to use Your Content that you submit on or via the Pace Physiotherapy Pilates Platform or otherwise provide to us and that our use of Your Content will not infringe anyone else’s rights; and
4. you give us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free licence to use, publish, reproduce, modify and communicate Your Content for the purpose of operating the Pace Physiotherapy Pilates Platform and our business, including by providing and promoting our Services.
5. Pace Physiotherapy Pilates is committed to ensuring that your information is protected and have taken reasonable steps to protect the personal information by implementing appropriate electronic, physical and managerial processes to prevent the misuse, interference, loss, and unauthorized access, modification, alteration, use, disclosure or destruction of the information collected. Your Content will only be made publicly available if you post it in a public place on Physiotherapy Pilates Platform, on social media, or otherwise provide it to us.
5. Cookies
Pace Physiotherapy Pilates uses customer management software and cookies (standard web browser features that are small text files stored in a user’s browser) on our digital platforms to help us improve your experience. You can choose to accept or decline cookies, and can also disable cookies in your browser settings. If you decline or disable cookies, the function and usability of the digital platforms you are using may be impacted and may impact the ability of Pace Physiotherapy Pilates to provide the services you have requested.
6. Liability
We do not warrant that there will be no interruptions or disruptions to your use of the Services, Pace Physiotherapy Pilates Platform, or Our Content, or that the Services, Pace Physiotherapy Pilates Platform or Our Content will be free of viruses. We make no promises regarding correctness, completeness, reliability or otherwise regarding your access to the Pace Physiotherapy Pilates Platform or your use of it. We are not liable to you for any loss claimed or incurred by you or others as a result of any lack of availability. This includes problems caused by third party providers (including, but not limited to, Squarespace, Squarespace, Zoom and Vimeo).
You acknowledge and agree that, subject to the non-excludable provisions of the Australian Consumer Law (Schedule 2 of the Consumer and Competition Act 2010 (Cth)), any other non-excludable term implied by law, the Pace Physiotherapy Pilates Platform and all of our Services are provided on an "as is" basis without warranties of any kind, either express or implied, and we exclude all warranties, representations, and liability of any kind (including in negligence) in connection with the Services and the website.
To the extent that our liability cannot be excluded by law, our liability is limited to the lesser of: (a) the amount covered by our professional indemnity insurance policy and (b) the total amount you have paid for the relevant Services.
You agree to indemnify us (including our directors, officers, employees, contractors, assigns, and related bodies corporate) (Pace Physiotherapy Pilates Parties) from and against any and all claims (including in negligence), liabilities, costs, expenses (including legal fees) and loss suffered or incurred by the Pace Physiotherapy Pilates Parties and arising from or in connection with (a) your use or and access to the Services; (b) your breach of these Terms and Conditions or any applicable law; (c) your breach of anyone else’s intellectual property rights; and (d) any claim, action, demand or proceedings instituted against us as a result of your use of the Pace Physiotherapy Pilates Platform or the Services.
You understand that all Services provided by Pace Physiotherapy Pilates, require physical exercise and movement. Accordingly, you are advised to seek the advice of a physician before beginning any physical exercise, routine, or using any suggested equipment, shown in any of our videos. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while participating in the Services. The classes on our website are for general information only. Nothing contained in our Services or on our website should be construed as any form of such personal medical advice or diagnosis.
By voluntarily participating in these Services, you assume all risk of injury or death. You acknowledge the risks of physical injury, or even death, associated with physical activity. It is your responsibility to ensure that by participating in the Services, you will not exceed your limits while performing such activity and you will only undertake the appropriate level of activity for your skills and abilities. You understand that, from time to time, we may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such direction or suggestion is appropriate for your level of skills and abilities, including any physical or mental condition and/or limitation you have. You agree to consult with a doctor or other medical practitioner prior to participating in the Services. You acknowledge that you are fully liable for all medical expenses as a result of any injury incurred during your participation in the services offered and you expressly waive and release any claim that you may have at any time for injury of any kind against us.
If you are participating in the prenatal or postnatal pilates or injury-specific classes, you warrant that by registering for a class or participating in the class, you have received medical clearance from your doctor or a medical practitioner that you are fit and well to engage in such activities. If requested, you must provide us with such written confirmation from your doctor or medical practitioner.
7. Compliance with Third Party Licenses
Pace Physiotherapy Pilates Platform may incorporate components licensed to us by third parties, which may be subject to their own terms and conditions (Third Party Licences).
You agree that your use of Pace Physiotherapy Pilates Platform, in addition to these Terms and Conditions, will be governed by any terms and conditions specified by any Third Party Licence that applies to the Pace. Physiotherapy Pilates Platform.
8. Jurisdiction
These Terms and Conditions are governed by the laws in force in Victoria, Australian. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts.
If you choose to access the website and/or Services from outside Australia, you are responsible for compliance with foreign and local laws.
9. Contact
If you have any questions about these Terms and Conditions or our Services, please feel free to contact us at hello@pacephysiopilates.com