TERMS & CONDITIONS

1. Owner

A.C.N. 658 868 092 PTY LTD trading as ABN 12 658 868 092 owns and operates this platform (owner, we, my, our or us). Any reference to “we, my or us” also includes the successors and assigns of the owner.

2. Site

We operate spicypilates.com. When we refer to our Site it also includes references to our online or mobile presence, regardless of how you access it and may include the Site or a third party platform, including spicypilates.com which we currently use as of the date of these terms and conditions.

By accessing and/or using our Site, you warrant to us that you:

(a) have reviewed these terms and conditions and our Privacy Policy and note that these two documents together form our agreement with you;

(b) have the legal capacity to enter into a legally binding agreement with us, or if you are under 18 years of age, you have your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms on your behalf; and

(c) agree to use the Site in accordance with these Terms.

3. When do these terms apply?

These Terms apply when you purchase one of our online courses and other digital products and resources (Content) available for purchase on our Site. You must read and agree to the Terms before you proceed with the purchase of any Content.

4. Our contract with you

4.1 When you, as purchaser of Content  (you or your) place an order (Order) via our Site, you will receive an acknowledgement confirming receipt of your Order. However, this acknowledgment will not constitute acceptance of your Order.

4.2 A contract will not be formed between us until we send you confirmation the Content has been dispatched to you by email or other form of digital download (Contract). In the case of audio, video or online course content hosted on our Site, we grant you a licence (which is limited, revocable, non-exclusive and non-transferable) to listen to, download, watch or stream such content for your personal, non-commercial use, subject to the terms and conditions of any applicable third party platform used to host our Site.

4.3 You agree that you will not copy, reproduce, distribute or use the Content other than as set out in these Terms and that you must not sell, transfer, lease, modify, distribute or publicly perform the Content provided to you by us.

4.4 If you breach these Terms we reserve the right to terminate your license to use any Content. Only those products or services listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. Any additional order for one on one services or other Content we offer will be subject to another contract.

5. Pricing

The Price of our Content is listed on our Site at the time of purchase. We try and ensure that all details, descriptions and prices that appear on our Site are accurate, note that errors may occur. Where we become aware of any such error we will endeavour to correct it as soon as we are reasonably able.

 6. Payment

6.1 Payment must be made by the method you choose from our Site. Payment may be subject to additional fees, terms and conditions imposed by the third party payment processor we use (if applicable). Where a third party payment processor is used for Payment, please review the relevant fees and terms of that processer before choosing your payment method. You will be charged in Australian dollars unless advised otherwise and where applicable, Goods and Services Tax (GST) will be added to the price.

6.2 Payment plans must be paid on the direct debit date from specified payment method. If your payment fails on the 3rd attempt, your course access will be revoked. If payment is not made within 30 days, outstanding fees will be sent to a debt collector and collection fees will be added. 

6.3 Full payment (including all payments under a payment plan) must be remitted prior to receiving your training certificate.

 7. Delivery of Content to you
The Content will be provided to you by email or other form of digital download, including but not limited to streaming them from a third party platform. You acknowledge and agree that any use of a third party platform means you will be subject to the terms and conditions of that platform as well as these online purchase terms and conditions.

8. Limitation on claims

8.1       We have no liability to the extent that a failure of the Content or other product or service you purchase from us caused by any act or omission on your part.

8.2   Our liability for failure to comply with a consumer guarantee under the Australian Consumer Law is limited to:

(a) in the case of goods supplied by us, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair); and

(b) in the case of services supplied by us, the supply of the services again or the payment of the cost to the Customer of having the services supplied again.

8.3   Subject to the preceding paragraphs, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation. In all other respects, our total liability for loss or damage of every kind, whether arising pursuant to the Contract or these terms of service or arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to us for the goods.

9. Warranty disclaimer

To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms is hereby excluded. Further, the application of the United Nations Convention on Contracts for the International Sale of goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.

10. Intellectual Property rights

10.1   Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and the Content. Your use of our Site to participate in our online course and/ or digital products and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content.

10.2   You must not, without the prior written consent of us or the owner of the Content (as applicable):

(a) copy or use, in whole or in part, any Content;

(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c) breach any intellectual property rights connected with our Site, including (without limitation) by:

(1) altering or modifying any of the Content;

(2) causing any of the Content to be framed or embedded in another website or platform; or

(3) creating derivative works from the Content.

11. User Content

11.1 You may be permitted to post, upload, publish, submit or transmit relevant information and content, including reviews (User Content) on our Site.  By making available any User Content to you on or through these methods, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Site.

11.2 You agree that you are solely responsible for all User Content that you make available on or through our Site.  You represent and warrant that:

(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and

(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site we use for the Content will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

11.3 We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

12. Exclusion of competitors
You are prohibited from using our Site, including the Content, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/ or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.

13. Discontinuance

We may, at any time and without notice to you, discontinue our Site in whole or in part.  We may also exclude any person from using our Site and our Content, at any time at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

14. Waiver
Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

15. No guarantee

15.1 While every effort has been made to accurately represent the courses we offer and the likely outcome, there is no guarantee that you will achieve the results that you may have expectations of. In this regard, your level of success in completing any digital online course offered by us depending on the time you devote to the program and other external factors.

15.2 Since these factors differ according to different individuals we cannot guarantee your success or any particular outcome or other external outcomes including the following:

(a) the successful creation or continuation of your own online course;

(b) an increase in customers due to a new social media management strategy; or

(c) better management of your social media.

15.3   You enter into any online course or program of study we offer on this basis.

16. Disclaimer

16.1  You acknowledge and agree to proceed on the basis that:

(a) the information provided in our digital products (including any Online Course) is compiled from our experience in the Pilates industry; and

(b) We make no guarantee as to the likely outcomes or otherwise of participating in the Online Course or any other program or package offered by us.

(c) The safety and wellbeing of course students and participants during practice hours and observation fall under the responsibility of the business they are using’s insurance.

(d) It is the responsibility of the student to locate and organize a studio and a reformer to use throughout the duration of this course. Any costs associated with doing so is to be incurred by the student.

(e) Students safety whilst on the reformer and when completing exercises is solely the responsibility of the student.

(f)  Any payment plans engaged with a third party provider falls under the selected providers terms and conditions.

16.2 You warrant that you have not relied on any testimonials published by us as a reliance to purchase the online course or otherwise purchase the digital products we offer and undertake that you will participate in this course on that basis and hold us harmless if you do not achieve the results you desire.

17. Entire agreement
The above terms set out in this online course purchase terms and conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.

18. Variation

We may modify these Terms from time to time by posting the amended Terms on our Website. By continuing to use the Website and any associated third party platform hosting our Content after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your account with our Website and any other associated third party platform hosting our Content.

19. Severance

The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

20. Governing law

The laws in force in New South Wales Australia govern these Terms. You agree to submit to and be bound by the exclusive jurisdiction of the courts of that jurisdiction.

ABN 12 658 868 092

Email: hello@spicypilates.com

Last update: 09/04/24