Website Terms and Conditions of Use
- About the Website
- Welcome towww.littlesanctuarypilates.com.au(Website).TheWebsite isOn demand Pilates, Yoga, Stretch, Meditation, Breath work, Nutrition and Health information. (Services).
- The Website is operated by Little Sanctuary Pilates (ABN 45324423899).Access to and use of the Website, or any of its associated Products or Services, is provided by Little Sanctuary Pilates. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree tobe boundby theTerms.Ifyou donot agreewith theTerms, youmust ceaseusage of the Website, or any of Services, immediately.
- Little Sanctuary Pilates reserves the right to review and change any of the Terms by updating thispage atits solediscretion.WhenLittleSanctuaryPilates updatestheTerms, it will use reasonable endeavours to provide you with notice of updates to theTerms.Any changes to theTerms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
- Acceptance of the Terms
You accepttheTermsby remainingon theWebsite.Youmay alsoaccept theTerms byclicking to accept or agree to the Terms where this option is made available to you by Little Sanctuary Pilates in the user interface.
- Registration to use the Services
- In orderto accesstheServices,you mustfirst registerfor anaccount throughtheWebsite (Account).
- As part of the registration process, or as part of your continued use of the Services, you mayberequired toprovide personalinformation aboutyourself(suchas identificationor contact details), including:
- Email address
- Preferred username
- Password
- Country of residence, State, City Postal (Zip) code
- You warrantthat anyinformation yougive toLittleSanctuaryPilates inthe courseof completing the registration process will always be accurate, correct and up to date.
- Once youhave completedthe registrationprocess, youwill bea registeredmember ofthe Website (Member) and agree to be bound by the Terms.
- You maynot usetheServicesand maynot accepttheTerms if:
(i)you are not of legal age to form a binding contract with Little Sanctuary Pilates; or
- Your obligations as a Member
- AsaMember, youagree tocomply withthe following:
- you will use the Services only for purposes that are permitted by:
- theTerms; and
- any applicablelaw, regulationor generallyaccepted practicesorg uidelines in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality of your password and/or emailaddress.Useofy ourpassword byanyo therperson mayresult inthe immediate cancellation of the Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited.You agreeto immediatelynotify LittleSanctuary Pilatesof any unauthoriseduse ofyour passwordor emailaddressorany breachof securityof which you have become aware;
- access and use of the Website is limited, non-transferable and allows for the sole use oftheWebsiteby youfor thepurposes ofLittleSanctuaryPilates providingthe Services;
- you willnot usetheServicesor theWebsite inconnection withany commercial endeavours except those that are specifically endorsed or approved by the management of Little Sanctuary Pilates;
- you will not use the Services or Website for any illegal and/or unauthorised use which includescollecting emailaddresses ofMembers byelectronic orother means for the purpose of sending unsolicited email or 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 oftheServices.Appropriate legalaction willbetakenby LittleSanctuary Pilates for any illegal or unauthorised use of the Website; and
- you acknowledgeand agreethat anyautomated useof theWebsite orits Services is prohibited.
- Payment
- All payments made in the course of your use of the Services are made using Stripe. In using theWebsite, theServices orwhen makingany paymentin relationto youruse ofthe
Services,you warrantthat youhave read,understood andagree tobe boundby theStripe terms and conditions which are available on their website.
- You acknowledge and agree that where a request for the payment of the Services Fee is returned ordenied, forwhatever reason,by yourfinancial institutionor isunpaid byyou for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
- You agreeand acknowledgethat LittleSanctuaryPilatescan varytheServicesFee atany time.
- RefundPolicy
- LittleSanctuaryPilates willonly provideyou witha refundof theServicesFeein theevent they are unable to continue to provide the Services or if the manager of Little Sanctuary Pilates makesa decision,at itsabsolute discretion,that itis reasonableto doso underthe circumstances (Refund).
- Any benefitsset outin thisTerms andConditions mayapply inaddition toconsumer's rights under the Australian Consumer Law.
- Copyright and Intellectual Property
- The Website, the Services and all of the related products of Little Sanctuary Pilates are subject tocopyright.Thematerial ontheWebsiteis protectedby copyrightunder thelaws 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, designelements andinteractive features)or theServices areowned orcontrolled for these purposes, and are reserved by Little Sanctuary Pilates or its contributors.
- All trademarks,service marksand tradenames areowned, registeredand/or licensedby Little Sanctuary Pilates, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
- use theWebsite pursuant tothe Terms;
- copy andstore theWebsite andthe materialcontained inthe Websitein your device's cache memory; and
- print approved pages fromthe Website for your own personaland non-commercial use.
Little Sanctuary Pilates does not grant you any other rights whatsoever in relation to the Website ortheServices.All otherrights areexpressly reservedby LittleSanctuaryPilates.
- LittleSanctuaryPilates retainsall rights,title andinterest inand totheWebsiteand all related Services. Nothing you do on or in relation to the Website will transfer any:
- business name,trading name,domain name,trademark,industrial design,patent, registered design or copyright, or
(ii)a rightto useor exploita businessname,t radingname, domainname,t rademark or industrial design, or
- You may not, without the prior written permission of Little Sanctuary Pilates and the permission ofany otherrelevant rightsowners:broadcast,republish, up-loadto athird party, transmit,post, distribute,show orplay inpublic, adaptor changein anyway the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
- Privacy
Little Sanctuary Pilates takes your privacy seriously and any information provided through your use oftheWebsiteand/orServicesare subjectto LittleSanctuaryPilates'sPrivacy Policy,which is available on the Website.
- GeneralDisclaimer
- Nothing intheTermslimits orexcludes anyguarantees, warranties,representations or conditions implied or imposed by law, including theAustralian 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 orconditions whichare not expressly stated in the Terms are excluded; and
- Little Sanctuary 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, ordamage togoodwill arisingout ofor inconnection withtheServices or these Terms (including as a result of not being able to use the Services or the latesupply oftheServices),whether atcommon law,under contract,tort(including negligence), in equity, pursuant to statute or otherwise.
- Use oftheWebsiteand theServices isat yourown risk.Everything ontheWebsiteand 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 Little Sanctuary Pilates make any express or implied representation orwarranty about the Services or any products or Services (including the products orServices of Little Sanctuary Pilates) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i)failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, lossof data,communication linefailure, unlawfulthird partyconduct, or theft, destruction, alteration or unauthorised access to records;
- Limitation of liability
- Little SanctuaryPilates's totalliability arisingout ofor inconnection withtheServicesor 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 expresslyunderstand andagree thatLittleSanctuaryPilates, itsaffiliates, 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.
- Competitors
If youare inthe businessof providingsimilarServicesfor thepurpose ofproviding themto users for a commercial gain, whether business users or domestic users, then you are a competitor of Little Sanctuary Pilates. Competitors are not permitted to use or access any information or contenton ourApplication.Ifyou breachthis provision,LittleSanctuaryPilates willhold youfully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
- Termination of Contract
- TheTermswill continueto applyuntil terminatedby eitheryou orby LittleSanctuary Pilates as set out below.
- If youwant toterminatet heTerms, youmay doso by:
- providingLittleSanctuaryPilateswith30days days'notice ofyour intentionto terminate; and
- closing youraccounts forall ofthe serviceswhich youuse, whereLittleSanctuary Pilates has made this option available to you.
Yournotice shouldbe sent,in writing,to LittleSanctuaryPilatesviat he'ContactUs'link on our homepage.
- LittleSanctuaryPilates mayat anytime,t erminatetheTermswith you if:
- you havebreached anyprovision oftheTermsor intendto breachany provision;
- Little Sanctuary Pilates is required to do so by law;
- the provisionof theServices toyou byLittleSanctuaryPilates is,int heopinion of Little Sanctuary Pilates, no longer commercially viable.
- Subject tolocal applicablelaws,LittleSanctuaryPilatesreserves theright todiscontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Little Sanctuary Pilates's name or reputation or violates the rights of those of another party.
- Indemnity
You agreeto indemnifyLittleSanctuaryPilates, itsaffiliates, 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 feeson afull indemnitybasis)incurred,suffered orarising outof orin connectionwith your content;
- any director indirectconsequences ofyou accessing,using ortransacting ontheWebsite or attempts to do so; and/or
- any breach of the Terms.
- DisputeResolution
- Compulsory:
If adispute arisesout ofor relatesto theTerms, eitherparty maynot commence any
Tribunal orCourt proceedingsin relationto thedispute, unlessthe followingclauses have been complied with (except where urgent interlocutory relief is sought).
- Notice:
A partyto theTerms claiminga dispute(Dispute)hasarisen undertheTerms,must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
- Resolution:
On receiptof thatnotice(Notice) bythat otherparty, theparties totheTerms(Parties) must:
(a)Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously bynegotiation orsuch othermeans uponwhich theymay mutually agree;
All communications concerning negotiations made by the Parties arising out of and in connection withthis disputeresolution clauseare confidentialand tothe extentpossible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
- Termination of Mediation:
If 2month shaveelapsed afterthe startof amediation oftheDisputeand theDispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
- Venue andJurisdiction
TheServicesoffered byLittleSanctuaryPilates isintended tobe viewedby residentsofAustralia. Inthe eventof anydispute arisingout ofor inrelation tothe Website,you agreethat theexclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
- 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 theTerms and the rightscreated herebyshall begoverned, interpretedand construedby, underand pursuantto 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.
- Severance
If anypart oftheseTermsis foundto bevoid orunenforceable byaCourtof competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.