Terms of Sale
TERMS OF SALE
1. LEGAL TERMS & AGREEMENT
Polestar Pilates Australia Pty Ltd ABN 56 103 530 507 (herein referred to as “Polestar Pilates”) is a retailer and provider, of health, fitness and associated services, including this video subscription service of Pilates classes (the “Membership Program”). For the purpose of these terms and conditions, the “Membership Program” is referred to as the “Services”.
The Services are provided for sale via https://onlineclasses.polestar... (the "Website")
In the context of the Website and these terms and conditions, “we”, “our” and “us” means Polestar Pilates and “you” and “your” means you, the user of the Website, or the customer of Polestar Pilates.
Except if otherwise required by law, the following terms, in addition to our Privacy Policy govern your use of the Website and the purchase of Services from us. They describe the rights and responsibilities of you and Polestar Pilates.
If you use the Website or purchase Services, you agree to these terms and conditions and accept our Privacy Policy.
These Terms constitute a legally binding contract. If you do not agree to the terms, please do not use the Website or purchase Services from us.
The information on this site is governed by Australian law. By using this Website you agree to be bound by and submit to the law, jurisdiction, and courts of New South Wales.
2. YOUR HEALTH & SAFETY AGREEMENT
You understand and acknowledge that physical exercise can be a strenuous activity and there is a risk of serious injury to you.
By purchasing Services from us, you acknowledge that you:
(i) have obtained medical advice from a doctor or licensed medical practitioner, as to your own personal safety and health.
(ii) voluntarily participate in the classes on this Website at your own risk, and that you will follow all safety instructions given to you by the instructors in the classes. You acknowledge that we will conduct no investigations, and make no enquiries, as to your physical ability, or current health and fitness.
(iii) are physically fit and able to perform the exercises, that you are not currently pregnant, and have no pre-existing conditions or injuries. If you are pregnant or any have pre-existing conditions or injuries, DO NOT purchase Services from us.
(iv) have assessed your own physical and mental condition and acknowledge that it is your responsibility not to exceed your limits.
3. RELEASE, WAIVER AND INDEMNITY
The acknowledgements, and the health warnings, contained above, constitutes a “risk warning” for the purposes of Section 5M of the Civil Liability Act 2002 (NSW).
Notwithstanding the risks of physical harm and injury inherent in the Services, some of which are noted above, you agree to participate in the provision of Services, at your own risk.
By purchasing Services from us, you agree to release and hold harmless Polestar Pilates, its employees and agents from and against any liability arising out of the injury, loss, damage or death caused to you or any other person in connection with the Services provided, whether such injury, loss, damage or death was caused directly or indirectly by negligence, breach of contract or in any way whatsoever, other than where the injury, loss, damage or death was caused solely by the negligence of the Polestar Pilates, its employees or agents.
By purchasing Services from us, you further agree to indemnify and hold harmless Polestar Pilates, its employees and agents from all claims, damages, losses, injuries and expenses arising from your participation in the Services. This indemnification extends to all claims made by any other person against the Polestar Pilates, its employees or agents in respect of any injury, loss or damage arising out of connection with your participation in the Services, other than where the injury, loss or damage or death was caused solely by the negligence of the Polestar Pilates, its employees or agents.
By agreeing to these terms and conditions you acknowledge, agree and understand that, to the full extent permitted by law (including by section 5N of the Civil Liability Act 2002 (NSW) and section 139A of the Competition and Consumer Act 2010 (Cth)), that your rights to sue Polestar Pilates, its employees and agents, on the basis that the recreational activities or associated Services, provided by Polestar Pilates were not provided to you in accordance with any express or implied warranty or guarantee, or that the Services not provided with reasonable care and skill, are excluded, restricted or modified.
4. YOUR SUBSCRIPTION
To subscribe, you need to create an account with the Join Now button.
We may, at our discretion:
(i) refuse an account setup
(ii) terminate accounts
(iii) cancel subscriptions if our processes identify any attempt at fraud or other legitimate reason
In subscribing with us, you agree to provide an accurate email address, billing address, and telephone numbers, and to keep these details up to date.
You are responsible for your account password. Keep it safe and private. Your password and account details are stored on a secure server.
You may not have more than one active account, and your account is non-transferable.
5. PRICES & SUBSCRIPTION TERMS
The prices on the Website represent the full price including GST (Goods & Services Tax).
We reserve the right to change prices on our Website at any time.
All of our prices are in Australian dollars ($AUD)
To purchase Services on this website you need a current credit card, or Paypal account.
Once you have reached the end of your one month membership period, your membership will automatically be renewed on a month to month basis, until you unsubscribe from the member Dashboard on the website.
If your payment method fails, or expires, your membership will automatically be cancelled after seven (7) days.
Subscriptions are non-refundable and there are no credits for partially used periods.
You can pause your Subscription after you have completed your initial membership period of one month. The maximum period you can pause your membership is two months at which time your monthly plan and payment will automatically restart.
You can cancel your Subscription at any time from the Dashboard tab on the Website. You will still have full access to the services until the expiry date of that month.
6. PAYMENT METHODS & TERMS
We accept and process payment via the 3rd party payment gateways Stripe and Paypal, where all major credit and debit cards are accepted.
We are obliged to share your information including your name, and credit card numbers with these payment platforms to process the transaction and receive payment. If you do not wish to share details with these, or other payment providers, do not place any orders via our Website.
Payment will not be processed until we have received all relevant information required for payment processing to be completed.
If for any reason we cannot accept your subscription after payment is received, we will contact you by email or phone to determine your requirements for the refund.
We process credit card payments when you checkout from the product order screen.
We will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
7. AGE REQUIREMENT
You must be at least eighteen (18) years of age to purchase Services or subscribe. We do not knowingly accept orders from anyone under eighteen.
By placing an order with us you acknowledge that you are over eighteen years of age.
Should we suffer any loss or damage as a result of a transaction by a person under 18, we reserve the right to seek compensation for such loss or damage from the parents or guardians of the person who placed the order(s) with us.
8. COMMUNICATIONS & USE OF WEBSITE
By using the Website, you consent to receiving communications electronically via email. We communicate with you by email in the strictest of confidence, never selling or sharing your personal information.
The nature of internet communications means that communications may be susceptible to data corruption, interception and delay, which we are not responsible for.
When you visit our Website may automatically send you a "cookie". A cookie is a piece of text from a web server to your computer used to identify you. This information does not personally identify you, but it may tell us that the computer which you are using has visited our Website before, and what pages you have browsed.
You may decline cookies by adjusting the setting of your browser, however, this may affect the functionality and accessibility of the Website. For more information on cookies see our Privacy Policy in the next tab of this website.
9. INTELLECTUAL PROPERTY
Material contained on the Website is protected by copyright. You may use the Website for personal and non-commercial purposes. You must not use, copy, distribute, transmit, store or publish any material on this Website, without our prior written consent.
Registered trademarks and logos must not be used or modified in any way without obtaining prior written consent from us, or from the owner of the trademark or logo.
The Website, the technology, and processes contained in the classes, may be the subject of other intellectual property rights owned by third parties. You agree that no licence is granted to you, in respect of those rights, other than as set out in these terms and conditions.
10. CHANGES TO TERMS
Because of frequent changes in internet technology and applicable law we reserve the right to make changes to these terms and conditions at any time.
11. CHANGES TO PRODUCTS AND CONTENT
Polestar Pilates may make changes to Services offered via the Website, and to other content of the Website, at any time without notice to you.
We make every effort to ensure that descriptions on our Website are accurate. However, some inaccuracies, such as typographical errors or misinterpretations, may occur.
We reserve the right to correct such inaccuracies or typographical errors as they are identified. Should an error be made by us, in respect of Services on the Website, we reserve the right to cancel any orders made by you, that utilise the inaccurate pricing or error.
12. ENTIRE AGREEMENT
These terms, together with your subscription constitute the entire contract between you and us for the supply of Services. No other terms will apply except where terms may be implied by law. The contract cannot be varied unless we agree to vary it in writing or by email.