Online Program

Terms & Conditions

PRIVACY POLICY

Karlie Andrews (ABN 90 662 922 406) t/as That Pilates Passion understands that your privacy is important to you. We are committed to protecting the privacy of your personally-identifiable information as you use this website. This Privacy Policy tells you how we protect and use information that we gather from you. By using this website, you consent to the terms described in the most recent version of this Privacy Policy. “We,” “our” means That Pilates Passion and its affiliates. “You,” “your,” visitor,” or “user” means the individual accessing this site.

PERSONAL AND NON-PERSONAL INFORMATION

Our Privacy Policy identifies how we treat your personal and non-personal information.

WHAT IS NON-PERSONAL INFORMATION AND HOW IS IT COLLECTED AND USED?

Non personal information is information that cannot identify you. If you visit this web site to read information, such as information about one of our services, we may collect certain non-personal information about you from your computer’s web browser. Because non-personal information cannot identify you or be tied to you in any way, there are no restrictions on the ways that we can use or share non-personal information. What is personal information and how is it collected? Personal information is information that identifies you as an individual, such as your name, mailing address, e-mail address, telephone number, and fax number. We may collect personal information from you in a variety of ways:

• When you send us an application or other form
• When you conduct a transaction with us, our affiliates, or others
• When we collect information about in you in support of a transaction, such as credit card information
• In some places on this web site you have the opportunity to send us personal information about yourself, to elect to receive particular information, to purchase access to one of our products or services, or to participate in an activity.

ARE COOKIES OR OTHER TECHNOLOGIES USED TO COLLECT PERSONAL INFORMATION?

Yes, we may use cookies and related technologies, such as web beacons, to collect information on our web site. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. We may use web beacons to count visitors to the web pages on the web site or to monitor how our users navigate the web site, and we may include web beacons in e-mail messages in order to count how many messages sent were actually opened, acted upon or forwarded.

Third party vendors also may use cookies on our web site. For instance, we may contract with third parties who will use cookies on our web site to track and analyze anonymous usage and volume statistical information from our visitors and members. Such information is shared externally only on an anonymous, aggregated basis. These third parties use persistent cookies to help us to improve the visitor experience, to manage our site content, and to track visitor behaviour. We may also contract with a third party to send e-mail to our registered users.  All data collected by this third party on behalf of That Pilates Passion is used solely by or on behalf of That Pilates Passion and is shared externally only on an anonymous, aggregated basis. From time to time we may allow third parties to post advertisements on our web site, and those third-party advertisements may include a cookie or web beacon served by the third party. This Privacy Policy does not cover the use of information collected from you by third party ad servers. We may also use cookie data to show personalised or targeted advertising on third party advertising networks such as Facebook or the Google Display Network.

If you choose to modify your browser settings to decline cookies, you may not be able to fully experience the interactive features of the That Pilates Passion websites you visit.

HOW DOES THAT PILATES PASSION USE PERSONAL INFORMATION?

That Pilates Passion may keep and use personal information we collect from or about you to provide you with access to this web site or other products or services, to respond to your requests, to bill you for products/services you purchased, and to provide ongoing service and support, to contact you with information that might be of interest to you, including information about products and services of ours and of others, or ask for your opinion about our products or the products of others, for record keeping and analytical purposes and to research, develop and improve programs, products, services and content.  Finally, we may use your personal information to protect our rights or property, or to protect someone’s health, safety or welfare, and to comply with a law or regulation, court order or other legal process.

DOES THAT PILATES PASSION SHARE PERSONAL INFORMATION WITH OTHERS?

We will not share your personal information collected from this web site with an unrelated third party without your permission, except as otherwise provided in this Privacy Policy. In the ordinary course of business, we may share some personal information with companies that we hire to perform services or functions on our behalf. In all cases in which we share your personal information with a third party for the purpose of providing a service to us, we will not authorize them to keep, disclose or use your information with others except for the purpose of providing the services we asked them to provide.

We may be legally compelled to release your personal information in response to a court order, subpoena, search warrant, law or regulation.  We may cooperate with law enforcement authorities in investigating and prosecuting web site visitors who violate our rules or engage in behavior, which is harmful to other visitors (or illegal). We may disclose your personal information to third parties if we feel that the disclosure is necessary to protect our rights or property, protect someone’s health, safety or welfare, or to comply with a law or regulation, court order or other legal process. 

If you share information with the advertiser, including by clicking on their ads, this Privacy Policy does not control the advertisers use of your personal information, and you should check the privacy policies of those advertisers and/or ad services to learn about their use of cookies and other technology before linking to an ad.

HOW IS PERSONAL INFORMATION USED FOR COMMUNICATIONS?

We may and you consent to us contacting you periodically by e-mail, mail or telephone to provide information regarding programs, products, services and content that may be of interest to you. In addition, some of the features on this web site allow you to communicate with us using an online form. If your communication requests a response from us, we may send you a response via e-mail. The e-mail response or confirmation may include your personal information. We cannot guarantee that our e-mails to you will be secure from unauthorized interception.

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

HOW IS PERSONAL INFORMATION SECURED?

We have implemented generally accepted standards of technology and operational security in order to protect personally-identifiable information from loss, misuse, alteration, or destruction. Only authorized personnel and third party vendors have access to your personal information, and these employees and vendors are required to treat this information as confidential. Despite these precautions, we cannot guarantee that unauthorized persons will not obtain access to your personal information.

LINKS

This site contains links to other sites that provide information that we consider to be interesting.  That Pilates Passion is not responsible for the privacy practices or the content of such web sites.

HOW CAN A USER ACCESS, CHANGE, AND/OR DELETE PERSONAL INFORMATION?

You may access, correct, update, and/or delete any personally-identifiable information that you submit to the web site. You may also unsubscribe from mailing lists or any registrations on the web site. To do so, please either follow instructions on the page of the web site on which you have provided such information or subscribed or registered or contact us at hello@thatpilatespassion.com. 

CHANGES

That Pilates Passion reserves the right to modify this Privacy Policy and Terms of Use at any time. Any changes to this Privacy Policy will be listed in this section, and if such changes are material, a notice will be included on the homepage of the web site for a period of time. 

TERMS OF USE

This is our Terms of Use Agreement for use of the That Pilates Passion website – thatpilatespassion.com (“website”), which is owned by Karlie Andrews (ABN 90 662 922 406) t/as That Pilates Passion. This website is not directed to persons under eighteen (18) years of age. 

By using this website, you consent to the terms described in the most recent version of this Privacy Policy. “We,” “our” means Karlie Andrews (ABN 90 662 922 406) t/as That Pilates Passion and its affiliates. “You,” “your,” visitor,” or “user” means the individual accessing this site.

This Agreement applies to all of the products, services and websites offered by this website and That Pilates Passion, any Website software that you have embedded on a web site or are about to embed (“Widgets”), and any applications (“Apps”) created by us whether available through a social networking site or its subsidiaries or affiliated companies. 

The information presented on this Website is in no way intended as medical advice or as a substitute for medical treatment. This information should only be used in conjunction with the guidance and care of your doctor or medical professional.  You should consult a medical professional before beginning any diet, nutrition, or fitness plan offered by us. 

We reserve the right to refuse or cancel your account. We also reserve the right to cancel your membership should you breach this Agreement, or any other posted policy on the website. The contents of this website are to be used for informational purposes only.

PARENTAL OR GUARDIAN PERMISSION
You must be 18 years or older to use this website and by providing information about yourself you are representing that you are 18 years of age or older.  If you are under 18 years of age, you are required to have your parent or legal guardian contact us prior to use.

LICENSE AND SITE ACCESS
That Pilates Passion grants you a limited license to access and make personal use of this website and you may not download (other than page caching) or modify it, or any portion of it, without our express consent.  Our website or any part of it must not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our express consent.

YOUR MEMBERSHIP ACCOUNT
If you subscribe to and use the Website, you are responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account or password.   That Pilates Passion reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Memberships are non-transferable. 

You agree to (a) maintain all equipment necessary for your access to and use of the Website; (b) maintain the security of your user identification, password, Personal Information (as defined in our Privacy Policy), and any other confidential information relating to your That Pilates Passion account; (c) take responsibility for all charges resulting from use of your That Pilates Passion account; and (d) update your Personal Information (as defined in our Website Privacy Policy), including email address, as appropriate. 

If subscription is terminated due to breach of this Agreement, That Pilates Passion will not be liable to reimburse you nor will reimbursements be made for subscription cancellations prior to the renewal date.

You have the following option as to how your subscription will be billed:

1. Monthly;
2. 6 month upfront payment; or
3. 12 month upfront payment.

Where you subscribe monthly, you may cancel your subscription at any time by clicking on the 'unsubscribe' button in your 'my account' section.  All monthly subscriptions are renewed automatically and continually until cancelled.  

Without limiting your rights under the Australian Consumer Law, upfront payment subscriptions (6 and 12 month) are non-refundable.  

CONTACTING US

You may contact us by emailing hello@thatpilatespassion.com, please provide your first and last name, and email address so that we can locate your account.  

DISCLAIMERS AND LIMITATION OF LIABILITY

You agree that use of this website is at your sole risk. 

Except those provided by the Australian Consumer Law, we make no warranty that the Website will be uninterrupted or error-free; nor do we make any warranty or representation regarding the use of the information provided on the Website or the results that may be obtained from the use of the information provided on the Website, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise available. 

The website is provided on an “as is” and “as available” basis.  To the fullest extent permissible under the Australian Consumer Law, we disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall we be liable to you or any third-party for any indirect, consequential, incidental, special or punitive damages, including, but not limited to, lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from any product or service sold or provided on the website or the use of the information or the results of the use of the information provided on the website.  Our liability is limited to the price you paid for a product or service that is the subject of the claim. No oral advice or written information given by us, shall create a warranty; nor shall user rely on any such information or advice.

INDEMNITY

You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your breach of these Terms and Conditions.

ONLINE CONDUCT

You agrees to use our website only for lawful purposes and you will not post on or transmit through our Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation. 

LINKS TO OTHER SITES

The Website may reference or link to third-party sites.  We have no control over these third-party sites or the content within them.  We cannot and do not guarantee, represent or warrant that the content contained in these third-party sites is accurate, legal, or inoffensive. We do not warrant that third party site will not contain viruses or otherwise impact your computer.  We do not assume any responsibility or liability for the actions, product, services, and content of all these and any other third parties. If you choose to link to or use a third-party website, you should carefully review such third party’s privacy statement and other terms and conditions of use. 

COPYRIGHTS

All materials and contents contained in our website and the website itself, are copyrighted materials belonging exclusively to us or our content suppliers and are protected by Australian copyright law. 

APPLICABLE LAW

The Website is created and controlled by That Pilates Passion in the State of Queensland. As such, the laws of the State of Queensland will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws and you consent to submit to the jurisdiction of the State of Queensland for any litigation arising out of or relating to use of or purchase made through this website.

PURCHASE 

Your purchase of any service in this website forms a legally binding agreement between you and That Pilates Passion on these Conditions of Sale in addition to the Terms of Use. You also agree to be liable for any breaches of the Conditions of Sale by individuals using services purchased in this website. Children under the age of 18 may not purchase any service from this website and must obtain the permission and assistance of their parent or guardian to do this. 

PAYMENT SYSTEM

In addition to the collection of personal information as set out in our Privacy Policy, you consent to PayPal collecting your personal information to process payments made by you in the website through its Braintree service. Paypal is contactable through its website www.paypal.com/au and you have the right to request through PayPal access to any personal information PayPal has collected relating to you. Your payment and credit card details submitted using the website are fully encrypted through industry standard secure software server technology. That Pilates Passion recommends that you check the Versign certificate at the time of your purchase to confirm this measure has been taken. If you suspect that unauthorised use of your credit card has occurred as a result of a purchase from the website, you should notify tour credit card provider immediately in accordance with its reporting rules and procedures. 

ONLINE FEES

The purchasing of services may be subject to credit card and other fees.

RETURN AND REFUND POLICY

To the extent permitted by law, and without limiting the Application of Australian Consumer Law and the Consumer Gaunter, That PiIates Passion’s liability to you in connection with the purchase or use of services obtained from the website is limited to:

1. a refund of the cost of the purchase of the services

Refunds or exchanges are not available where you simply change your mind, or where you have mistakenly purchased the wrong service where you do not have confirmation of the purchase. 

Refunds on transactions will be returned to the same account used for the original sale.

To the extend permitted by law:

1. That Pilates Passion excludes all liability to you and any other persons who use a service you have purchased from the website including liability for any consequential loss or damage, indirect, incidental, special damages, or loss of business or profits; and 
2. you agree that That Pilates Passion may retain any fees or other incidental costs such as postage incurred in issuing a refund. This clause does not amend or limit the operation of clauses 9 and 11 these Terms of Use.

GST

GST may apply to the purchase of services from the website and will be included in the price displayed at the time of purchase. 

FORCE MAJEURE

That Pilates Passion’s obligations to you will be suspended for the period in which it is affected by any event beyond its seasonal control, which shall include without limitation an act of god, fire, flood or other extreme weather event, natural disaster, strike, electricity, power or communication failure, shortage or unavailability of products or services or a change in applicable law.