Terms of service
Suna Pilates & Wellness Limited - Your Pilates - Terms of Use
Overview
Welcome to Your Pilates.
The Your Pilates website is operated and provided to you by Suna Pilates & Wellness Limited (“SPW”).
SPW is based in New Zealand. Its registered office is located at 5 Inga Road, Milford, Auckland 0620, New Zealand. Throughout the website the use of the terms “Your Pilates”, “Suna Pilates”, “Suna”, “we”, “us”, “our” refers to Suna Pilates & Wellness Limited. SPW offers this website the “Your Pilates Service” (“YPS”).
YPS is Your Pilates (“YP”) online membership and subscription service.
YP includes all information, tools, associated user interfaces, all content, software, features, functionalities and services associated with YPS, accessible and made available from this site to you, the user, a member of YPS.
YP is conditional on your acceptance of all terms, conditions, policies and notices, including YPS health and safety protocols, as covered and defined below:
Our Agreement
1. These terms of use (“terms of use”), along with the terms specific to YP subscription, as provided to you at the time of signing up with us, sets out Our Agreement for your access to use the YPS (together, “Our Agreement”).
2. Please read Our Agreement carefully, along with our Privacy Policy (“Privacy Policy”) found at this link before using the YPS.
3. Your use of the YPS means that you accept and agree to the terms of our agreement. If you do not agree to the terms of Our Agreement, please do not use the YPS.
Interpretation
4. In these Terms of Use:
“Compatible Devices” means certain computers and other devices with internet browsers which are compatible with the use of YPS;
“Content” means pre-recorded or live audio-visual exercise presentations, and any other written materials and/or content available to view on the YPS;
“Payment Method” means the way you pay for your subscription. For example, by credit card;
5. In the event of any conflict between these Terms of Use and the Website Terms of Use, the provisions of these Terms of Use shall prevail to the extent of such conflict.
You are responsible for exercising within your own personal and physical limits
6. Please ensure that you complete our Postural Principles Training Video before you attempt any of our workouts. We have safely taught tens of thousands of clients’ our exercises and programmes for more than 20 years. Consequently, what we have learnt is that no two bodies are physically the same.
7. Our workouts are designed to correct posture and function and to leave you feeling good.
8. You must LISTEN to your body. When exercising with YP STOP if you have pain in a joint - back, neck, arm, knee.
9. LISTEN to our Instructors. They will tell you where you should feel the exercise physically.
10. FOCUS on following the instructions and guidance of our Instructors. If you are unsure, please email us at hello@yourpilates.co.nz with your questions.
11. CONSULT with your doctor or qualified medical health professional before using the YPS. Be sure to follow their medical advice. If you have a history of chest pain, knee, ankle, wrist, shoulder, joint, or spinal (neck or back) problems or injuries, do not use YPS [unless you have obtained certified medical clearance in writing from your doctor or qualified medical health professional to do so.]
12. READ and follow all safety guidance provided as part of the YPS. Prior to beginning Your Pilates journey with us, please ensure you watch the Postural Principles Video to familiarise yourself with our terms, principles, philosophy and ideas, to reduce discomfort when you begin to exercise with us. You should discontinue exercising immediately if at any time you feel you are exercising beyond your current fitness abilities, or if you feel discomfort, pain, shortness of breath, heart palpitations, dizziness, or nausea.
13. Nothing on the YPS constitutes medical or professional advice or care. We do not guarantee any exercise, health, weight loss, or fitness results or improvements to users of the YPS.
14. You are responsible for exercising within your limits and assume all risk of injury to your person and/or property as a result of your use of the YPS.
Your Subscription
15. To view and access Your Pilates Content (“YPC”) you will need to:
a. Register Your Pilates Account; and
b. Purchase Your Pilates Service Subscription (“Subscription”) or an individual workout (“Workout”) or Programme (“Programme”) or Challenge (“Challenge”).
16. To create Your Pilates Account, purchase a subscription or workout to use YPS, you must:
a. Be aged 18 years (or the age of majority in your territory/country of residence if more than 18 years old) or above;
b. Have internet access; and
c. Provide us with a current and valid Payment Method acceptable to us (as confirmed during the purchase process).
17. Your Subscription, which may start with a free period or a number of free workouts (see 35. below) of full access to all the YPC, will automatically renew for a subsequent 28 day subscription period , unless or until you or we cancel it in accordance with Our Agreement.
18. You can find and access the details of Your Subscription with us at any time, including the renewal date and price for your subscription by signing into Your Pilates Account and clicking Memberships.
19. During Your Subscription, we grant you a limited, non-exclusive, non-transferable, non-assignable licence to access YPS in order to view content on a streaming-only basis. Except for this licence, no right, title or interest in the Content of YPS shall be transferred to you. You must not reproduce, perform, display, or exhibit the YPS or the Content for any commercial purpose or in any public place or forum.
Young Adult Content
20. Individuals that are under the age of 18 (local, or the age of majority in your own country of residence if more than 18 years old) may use the YPS only:
a. With the consent and supervision of the applicable parent or legal guardian; and
b. Subject to the terms of Our Agreement.
21. If you are the parent or legal guardian of a child, you are responsible for monitoring and supervising your child’s use of the YPS.
22. If you are the parent or legal guardian of a child that is allowed to use the YPS, you should consult with your child’s doctor or medical health professional before using the YPS with your child. Be sure to follow their medical advice. Do not allow your child to use the YPS if they have a history of chest pain, knee, ankle, wrist, shoulder, join, or spinal (back or neck) problems or injuries.
23. Read and follow all safety guidance provided to you as part of the YPS. Your child should discontinue exercising immediately if at any time you feel your child is exercising beyond their current fitness abilities, or if your child feels discomfort, pain, shortness of breath, heart palpitations, dizziness, or nausea. Nothing on the YPS is intended to be medical or professional advice or care. We do not guarantee any exercise, health, weight loss, or fitness results or improvements to users of the YPS.
Device Restrictions
24. The availability and quality of the YPS and Content may vary from computer to computer, and device to device, due to a variety of factors, such as your location, your carrier, the bandwidth available through and/or speed of your internet connection.
25. If your Compatible Device, or any other devices, hardware or equipment supplied to you by someone else does not work properly when accessing the YPS, you need to contact the equipment supplier or manufacturer, about the problem, rather than us.
26. You are responsible for all third-party service providers required to allow you to access the YPS (including your internet and electricity service provider), and all obligations and charges you may owe, including but not limited to broadband or mobile data charges, and electricity charges. If there is a problem with a service provided to you by another supplier, you need to contact that supplier about the problem.
Changes to Your Pilates Service
27. We reserve the right to make regular amendments and/or changes to any aspect of the YPS or the Content (YPC). Particularly, the availability of Content may change. Therefore, we have the right to withdraw or add Content at any time, with or without notice. You acknowledge and agree that Content available on the YPS is variable and will change with or without notice.
28. We reserve the right to remove certain features and/or functionalities, and/or stop specific devices or platforms from being able to access the YP at times. YPS may also be upgraded or updated at any time. If changes to any aspect of the YPS are likely to have a materially adverse effect on the YP, we will try to ensure that any changes will not adversely affect you over the course of your current subscription. If you do not cancel Your Subscription after being notified about any changes and before these changes take place, and you continue to use the YPS, unless prohibited by law, you agree that this constitutes your acceptance of the changes. If instead you choose to cancel Your Subscription, we will, to the extent required by applicable law, grant you with a refund equivalent to the amount you have paid for the YPS, but not yet received.
Changes to Our Agreement
29. We may change the terms of Our Agreement in circumstances (not limited to), the compliance with applicable laws, to provide you with greater information about the YP, where we must make changes to the YPS to improve its’ delivery and/or for health and safety or security reasons.
30. You will be notified by us at least 30 days before any material changes are made to the terms of Our Agreement, except in the situation where the changes need to be implemented immediately for regulatory, legal, health and safety or security reasons. In this case, we will notify you of the changes as soon as possible. If you are materially disadvantaged, or the availability of the YPS is materially affected by any change to the terms of Our Agreement, we will give you at least 30 days’ notice prior to the change/s coming into effect, to allow you a reasonable opportunity to cancel Your Subscription if you chose to do so.
31. We will ensure, where possible, that any changes made to the terms of Our Agreement, which materially disadvantage you, will not come into effect until the start of your next subscription period. During Your Subscription period, if a materially adverse change will come into effect, you can cancel Your Subscription before the change comes into effect. We will, to the extent required by applicable law, grant you with a refund equivalent to the amount you have paid for the YPS, but not yet received.
32. If, following any changes to the terms of Our Agreement, you continue to use the YPS, you agree that this constitutes your acceptance of the amended terms of Our Agreement. The most recent amended terms and up to date version of Our Agreement will always be readily available on the YPS from the effective date of the amended terms of Our Agreement.
Differing Subscriptions
33. We may offer several subscription plans, including subscriptions with differing subscription periods, conditions, and limitations. Any terms specifically relating to a certain plan will be notified to you through the YPS before you sign up for Your Subscription. Those specific terms will take precedence over and above the terms set out in Our Agreement, and to the extent that a conflict arises.
34. We may make promotional subscriptions and offers (“Promotional Offers”) available. Each offer will have relevant terms and conditions, applicable to any Promotional Offer.
Period of Free Access
35. Your Subscription may begin with a trial period of free access to some YP workouts. Your online sign-up will outline the duration of any free trial period of access. Free trial periods of access are reserved solely for new subscribers to the YPS (one per subscriber) and are subject to availability at the time of sign-up.
36. At the end of the free trial period of access, we will begin to charge you through your Payment Method for subscription fees, unless you cancel prior to the end of your free access period. During the free period of access, you can cancel your subscription by signing into Your Momence Account. Click Memberships once you are logged in and cancel the renewal.
Subscription Fees
37. You authorise us to charge Your Payment Method the relevant fee, being the current rate at the time of sign-up (“Subscription Fee”) by purchasing a Subscription and providing a Payment Method. As used in these Terms of Use, “charge”, “charging” shall indicate either a charge, debit, or other payment clearance, as applicable, to Your Payment Method.
Please note - Our online platform provider charges a 4% service fee which is additional to the published prices.
38. The Subscription Fee will be charged at the start of the paying portion of your Subscription, following any period of free access, and at the start of each subscription period thereafter, unless and/or until your subscription is cancelled.
39. To avoid being charged for the following period’s subscription fee to Your Payment Method, you must cancel your subscription before the end of your current subscription period.
40. There are no refunds or credits for partially used periods, unless required by law. Although, you will continue to have access to the YPS through to the end of your current billing or subscription period, following any cancellation.
41. All charges will be in the currency specified at the time you signed up for your Subscription. We may suspend your access to the YPS if your payment is unsettled, or if you have not edited Your Payment Method or cancelled Your Account, or until we have received a valid payment method.
42. By updating Your Payment Method, you authorise us to charge the updated Payment Method for any outstanding amounts and your ongoing Subscription Fee. This may alter your payment dates or subscription period.
43. The issuer of certain Payment Methods may charge you a foreign transaction fee or other charge. Check with your Payment Method service provider for details.
Price Changes
44. We may change the price of Your Subscription. Any changes in price will apply to you no earlier than 30 days following notice to you. You will be notified on what date the price changes will come into effect.
45. If you do not want to continue Your Subscription after being notified of a price change, you can cancel Your Subscription before the start of your next Subscription period. If you continue to use the YPS after the start of your next subscription period, this constitutes your acceptance of and consent to the price change.
46. We ensure that the price of Your Subscription will not change until the start of your next subscription period. If a price change is going to be made effective during your current subscription period, you can cancel Your Subscription before the price change comes into effect. We will provide you with a refund equivalent to the amount you have paid for the YPS, but not yet received.
Cancellation
47. You may cancel Your Subscription at any time and remain with access to the YPS until the end of your current subscription period. To cancel your Subscription, just click the person icon in the website header (or access Your Momence Account here) Click Memberships once you are logged in and cancel the renewal. You will still have access for the remainder of your current subscription term (up until when your next payment was due.)
48. If you cancel your Subscription, Your Pilates Account will automatically close at the end of your current subscription period.
49. When you purchase a Subscription to us, to the extent permitted by applicable law, you agree:
a. We will provide you with access to the YPS immediately; and
b. Where we get your consent when you sign up, you waive any statutory right you may have to:
c. Change your mind about your Subscription; and
d. Receive a refund within any applicable grace period.
Ending your right to use the Service
50. If we have a reason to believe that you have breached the terms of Our Agreement or if you are using the YPS, the Content or Your Subscription in any manner other than for its intended purpose, fraudulently, or illegally, we may end your right to use all or any part of the YPS or Your Subscription immediately. If what you have done can be resolved, we may give you an opportunity to do so.
51. If we decide to suspend or discontinue any part of the YPS, we will give you at least 30 days’ notice prior, unless we need to discontinue the YPS, or any portion of it, immediately for legal reasons, including to comply with a court order. If we discontinue the YPS, we will, to the extent required by applicable law, provide you with a refund equivalent to the amount you have paid for the YPS, but not yet received.
52. In the event we exercise our right to activate provisions 51 and 52 above, you must stop all activities authorised by Our Agreement, including your use of the YPS and Your Subscription.
Your Obligations
53. You must not, and cannot allow third parties:
a. To copy, publish, modify, reproduce, transmit, translate, transfer, broadcast, display, archive, exchange, download (other than through caching necessary for personal use), license, distribute, perform, create derivative works from, offer for sale, or use (except as explicitly authorised in Our Agreement) content and information contained on or obtained from or through the YPS without express written permission from us;
b. Use the YPS for public displays and performances including, without limitation, performance in or for any fitness facility;
c. Use the Content ( YPC) to teach or instruct any fitness class or practice;
d. Evade, remove, bypass, alter, degrade, or deactivate any of the content protections in the YPS;
e. Use any robot, AI, scraper, spider, or any other automated means to access the YPS;
f. Reverse engineer, decompile, or disassemble any software or other products or processes accessible through the YPS;
g. Insert any code, or manipulate the content of the Your Pilates Service in any way;
h. Use any data gathering, data extraction or mining method;
i. Infringe any third party’s rights;
j. Relay any material that is defamatory, offensive or otherwise objectionable in regard to your use of the YPS. We may delete, take down, or modify any material that is considered defamatory, offensive, or otherwise unlawful, or that infringes the rights of anyone else;
k. Use a virtual proxy network to access, view, and/or purchase from the YPS;
l. Register multiple times for a free trial period of access which would constitute a breach of Our Agreement; or
m. Upload, e-mail, post, or otherwise send or transmit any material designed to destroy, disrupt, or limit the functionality of any computer software or hardware or telecommunication equipment associated with the YPS, including any software viruses or any other computer programs, files, or code.
54. You agree to:
a. Pay the Subscription Fees;
b. Comply at all times with the terms of Our Agreement;
c. Use the YPS strictly for your own personal and non-commercial use, and not for any business or commercial purpose;
d. Ensure all information given to us is correct at all times, and keep updated on Your Account.
e. Strictly follow the directions and instructions we provide about using the YPS and only use the YPS in agreement with all applicable laws, rules, and regulations;
f. Be responsible and liable for any use of the YPS we provide to you by another person (authorised or unauthorised), including, without limitation, any charges associated with that use and any consequences if that person misuses the YPS or breaches Our Agreement or suffers any injury and/or damage to their property;
g. Ensure everyone you are responsible for and who may use or do anything in relation to the YPS also meets the responsibilities set out in Our Agreement; and
h. Be responsible for configuring your information technology, computer Content and Compatible Devices in a way to access our website and the YPS. You should use your own virus protection software.
Passwords & Accounts Access
55. You exercise your control over Your Pilates Account through Your Login and Password. To maintain exclusive control, you should not reveal or share your password with anyone. You are responsible for all access to and use of the YPS through Your Pilates Account. If you become aware of or suspect any unauthorised use of your account, you agree to notify us immediately. You are responsible for updating and maintaining the accuracy and truth of the information you provide to us in relation to Your Pilates Account.
56. We reserve the right to place Your Pilates Account on hold at any time, with or without notification to the subscription owner, in order to protect ourselves from what we interpret to be fraudulent activity. Once a hold has been put in place, you will be notified as soon as possible. We are not obliged to credit or discount a Subscription for a hold placed on a Your Pilates Account under the circumstances that your act or omission constitutes fraudulent activity on Your Pilates Account, or you are in breach of your obligations under Our Agreement.
Intellectual Property
57. The Your Pilates Service and Content (YPC) are protected by copyright, trademark, trade secret and/or other proprietary intellectual property rights owned by or licensed to us.
58. Other than the right to use the Your Pilates Service and Content in accordance with Our Agreement, you have no intellectual property rights in or to the Your Pilates Service or Content/YPC.
59. You may not edit, remove, alter, or tamper in any way with the copyright notices or other proprietary markings included in the Your Pilates Service or Content. Any copying, access, transfer, public performance or commercial use of the Your Pilates Service or any Content other than as expressly authorised by applicable law or Our Agreement shall constitute an infringement of applicable intellectual property rights and a breach of Our Agreement. In the event of applicable infringement, we may, without notice or prior intervention of an arbitral body or court, block and deny you from accessing the Your Pilates Service and terminate any Subscription you may hold and pursue any rights or remedies available to us.
60. Without our prior written permission, the trade and service marks and logos belonging to us, and our products and services described in “Our” or “Our websites” are registered trademarks to us, or our authorised agents and may not be copied, imitated, or used in whole or part. To avoid doubt and confusion, you may not use any of “Our” or “Our trademarks” or service marks in any domain names, account names, or as a user ID for any social media site or blog. All custom graphics, photographs, page headers, button icons, and scripts are the copyright and/or service marks or trademarks of us and may not be copied, imitated, or used in whole our part without our prior written permission. Our service marks, trademarks, and trade address may not be used in any manner that is likely to create confusion amongst the public or in any manner that discredits, disparages, or disembodies us.
Privacy
61. Any personal information that we collect, or you supply to us when using the Your Pilates Service will be used by us in the ways outlined in Our Privacy Policy.
Our liability to you
63. By signing up to YPS you agree for SPW to indemnify (“protect”) and defend, SPW, its parent companies, subsidiaries, affiliates, partners, officers, directors, employees, contractors, licensors, service providers, subcontractors, suppliers, interns and agents (together the “Indemnitees”):
a. against all loss, costs, expenses and liability, including without limitation, legal and expert costs and expenses, arising from any complaints, claims, proceedings or demands made or brought, whether successfully or otherwise, by you (or your dependants or minors) against any of the Indemnitees for personal injury either physical or mental (including death) arising out of or relating to the provision and/or use of the YPS;
b. against any other loss, costs, expenses or liability, including without limitation, legal and expert costs and expenses, and the cost of ongoing treatment, any of the Indemnitees incurred as a direct result of a Personal Injury arising out of or relating to the use of the YPS.
64. We are not responsible for:
a. Any unauthorised use (by us) of the YPS;
b. Any malfunction of or interruption to the YPS due to unforeseeable circumstances that prevent us from fulfilling our obligations to you;
c. Viruses, errors or bugs present in or appearing from your use of the YPS;
d. Incompatibility between the YPS with any software or hardware (including any of your devices); and
e. Any act or fault of a third-party program, service provider, device manufacturer, supplier, or provider of a device operating system, which are beyond our stretch of control.
f. Under the applicable laws of your territory/country, you have certain statutory rights. Nothing in these Terms of Use is aimed at affecting these statutory rights. Contact your local consumer organisation for more information about your statutory rights.
g. To the fullest extent permitted under the governing law, in no event will our total liability to you for any financial losses and/or damages that have arisen during the course of your use of the YPS or your Subscription exceed the amount that you have paid for your subscription.
65. We cannot guarantee that your access to the YPS will be free from interruption, including, but without limit to, downtime for maintenance, updates, power or server outages, or any other reason out of our control, and that the service is free from bugs/viruses and/or technical errors. Where we are made aware of any technical issues we will endeavour to fix them as soon as possible.
66. We are not responsible for any lack of functionality or failure to provide qny aspect of the YPS, or any loss of content or data that is due to issues with your device, equipment, operating system or internet connection.
67. For the purpose of this indemnity, the expression "agents" is deemed to include, without limitation, any person providing services to YP under a contract for services or otherwise, and any person carrying out work under contract for the YP that is connected with YPS and its use by you.
68. This indemnity will be governed by and construed in accordance with the laws of New Zealand and the courts of New Zealand shall have exclusive jurisdiction in any proceedings relating to it.
Severability
69. If any provision or part-provision of Our Agreement is or becomes illegal, invalid, or unenforceable, it shall be deemed modified to the minimum extent necessary to ensure that it is legal, valid, and enforceable. If no modification is possible, the relevant provision or part-provision shall be deleted. No modification to or deletion of a provision or part provision within these terms of use shall not affect the validity and enforceability of the rest of Our Agreement.
Transfer of rights
70. No third party is entitled to benefit under Our Agreement because it is solely between us and you personally. You agree that we can transfer our rights and obligations under Our Agreement to any company, firm, or person subject to your Subscription not being adversely affected as a result of the transfer. You may not transfer your rights or obligations under Our Agreement to anyone else.
Notices
71. You will be sent information relating to Your Account and your Subscription, including, and without limitation, payment authorisations, invoices, changes in password or payment method, confirmation messages, and content and feature updates through the email address provided to you during sign up.
72. You agree that any agreements, disclosures, notices, or other modes of communication that we send to you electronically will satisfy any legal communication requirements, including for applicable communications to be provided by us to you in writing.
Complaints
73. In the event that you wish to make a complaint, please raise your issue or concern direct with us at the earliest opportunity, either verbally or in writing. Contact hello@yourpilates.co.nz
Last Updated: 10 March 2022
Website Terms & Conditions
OVERVIEW
This website is operated by Suna Pilates & Wellness Limited trading as Your Pilates. Throughout the site, the terms “we”, “us” and “our” refer to Your Pilates. Your Pilates offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Your Pilates, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Your Pilates and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@yourpilates.co.nz.