Terms of Use

1.           Acceptance

By using the Website, you accept these terms of use (Terms).

2.           Definitions

In these Terms:

Confidential Information means information exchanged between you and Flow For You Pilates but does not include information that is publicly available other than through unauthorised disclosure;

Data means data input by you into the Website;

Fees means the amounts payable for the Service, the current amounts being published on the Website;

IP Rights means patents, trade and service marks, copyright, moral rights, design rights, know-how and all other forms of intellectual property;

Flow For You Pilates means Flow For You Pilates and Flow For You Pilates are the copyright protected form and content;

Service means the provision by Flow For You Pilates of online videos, tutorials and other online materials, as described on the Website;

Website means Flow For You Pilates website at https://www.flowforyoupilates.com.au

You means the person using or accessing the Website and your has a corresponding meaning.

3.          Use of Website and Service

3.1         Flow For You Pilates grants you the non-exclusive right to use the Website and the Service on these Terms.

3.2         You are responsible for:

(a)       determining that the Service is suitable for your purposes;

(b)       providing all information requested by Flow For You Pilates so that it can provide the Service; and

(c)       complying with Flow For You Pilates policies posted on the Website.

4.           Access to the Service

4.1         Flow For You Pilates is not liable for any misuse of your login or password.  You are responsible for the risk of all transactions performed through your account. 

4.2         When using the Service, you must not:

(a)       undermine the security of Flow For You Pilates systems or networks or, where the Service is hosted by a third party, that party's computing systems and networks;

(b)       impair the functionality of the Service or the Website, or impair any other person’s use of the Service or the Website;

(c)       gain unauthorised access to any system, data, password or other information of Flow For You Pilates or any other person or any materials other than those to which you have been given express permission to access;

(d)       transmit, or input into the Website any files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in breach of any law; or

(e)       modify, copy, adapt, disassemble, decompile or reverse engineer any videos, tutorials, materials or programs used to deliver the Service or to operate the Website;

(f)        do anything that:

(i)          infringes Flow For You Pilates or any other person’s IP Rights,

(ii)         is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane,

(iii)       constitutes unauthorised or unsolicited advertising, junk or bulk e-mail.

4.3         Your right to use the Service is conditional on payment of Flow For You Pilates Fees.  If payment is not made, Flow For You Pilates may suspend your use of the Service or access to the Website.

4.4         Flow For You Pilates may change the Fees by publishing the change on the Website.

5.           Confidentiality

5.1          Unless you or Flow For You Pilates has the prior written consent of the other or unless required to do so by law:

(a)       each of you and Flow For You Pilates will preserve the confidentiality of the other’s Confidential Information;

(b)       neither you nor Flow For You Pilates will, without the other’s prior written consent, disclose any Confidential Information to any other person, or use it for your or its own benefit, except as permitted by these Terms.

(c)       each party's obligations under this clause will survive termination of your use of the Service.

5.2         Clause 5.1 does not apply to any information that:

(a)       becomes public knowledge other than by a breach of this clause;

(b)       is received from a third party who lawfully acquired it without an obligation restricting its disclosure;

(c)       was in the recipient’s possession before the date of receipt from the disclosing party; or

(d)       is independently developed without access to the Confidential Information.

6.           Privacy Policy

Flow For You Pilates will process your personal details in accordance with the Privacy Policy published on the Website.  You should read that policy here and you will be deemed to have accepted that policy when you accept these Terms.  

7.           Intellectual Property, Data and Content

7.1          All IP Rights in the Service and all software and content made available through the Website remain the property of Flow For You Pilates. 

7.2          You may not store, print, publish, manipulate or otherwise reproduce any content on the Website. 

7.3          You may not modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on any software or documentation made available through the Service or the Website. 

7.5          Flow For You Pilates will use reasonable efforts to prevent Data loss, but does not guarantee that there will be no loss of Data.  Flow For You Pilates excludes all liability for any loss of Data no matter how caused.

8.           Service Availability

8.1         The Website may occasionally be unavailable to permit maintenance or other development activity.

8.2         Use of the Service will not necessarily be uninterrupted or error free. Among other things, the availability of systems used for accessing the Service can be unpredictable and Flow For You Pilates is not responsible for any interference with your use of the Service.

8.3         If Flow For You Pilates needs to interrupt the Service for longer than Flow For You Pilates would normally expect, Flow For You Pilates will use reasonable efforts to provide advance notice on the Website of the interruption.

9.           Limitation of Liability

9.1         The Service is provided on an "as is” basis and Flow For You Pilates gives no warranties about the Service and all implied conditions or warranties regarding the Service are excluded to the extent permitted by law.

9.2         To the maximum extent permitted by law, Flow For You Pilates excludes all liability to you for any loss or damage resulting from any use of, or reliance on, the Service or the Website.

9.3         Please note: Your participation in Flow For You Pilates & Movement classes assumes that you have received medical clearance from your Doctor. You acknowledge that, prior to the commencement of these classes you must disclose any health conditions and obtain clearance from my Doctor for those conditions. You release Flow For You Pilates from any liability if I experience any physical problems as a participant in the sessions and you waive any right, actual or presumed, to bring a cause of action against Flow For You Pilates if I have any physical problems (injuries, illness, or other complaint) as a participant. You accept complete responsibility of your health and wellbeing in Flow For You Pilates classes (in-person or online) and understand that no responsibility or liability is assumed by the instructor or by Flow For You Pilates.

9.4         If you suffer loss or damage as a result of Flow For You Pilates breach of these Terms, any claim by you against Flow For You Pilates will be limited in respect of any one incident, or series of connected incidents, to the Fees payable for the incident in respect of which your claim is made.

10.        Termination

10.1       If you choose to discontinue using the Service, you may ask Flow For You Pilates to archive your account and reactivate it by contacting Flow For You Pilates at flowforyoupilates@gmail.com.

10.2       Flow For You Pilates may suspend or terminate your use of the Service and the Website and your access to any Data, if you become insolvent, or breach these Terms and do not remedy the breach within 14 days after receiving notice of the breach.

11.        Miscellaneous provisions

11.1       These Terms, together with Flow For You Pilates Privacy Policy and any notices or instructions given to you, constitute the entire agreement between you and Flow For You Pilates relating to the Service and the Website.

11.2       Flow For You Pilates will not be liable for any delay or failure in providing the Service caused by anything outside Flow For You Pilates control.

11.3       You may not assign your rights under these Terms to any other person without Flow For You Pilates prior written consent.

11.5       Any notice given under these Terms must be in writing by email and will be deemed to have been given on transmission. Notices to Flow For You Pilates must be sent to flowforyoupilates@gmail.com or to any other email address notified to you by Flow For You Pilates.  Notices to you will be sent to the email address you provided when setting up your account with Flow For You Pilates.

11.6       Media Release: You hereby grant permission to Flow For You Pilates to use my photo, video and/or information related to my experiences with Flow For You Pilates. I understand this information may be used in publications inclding posting on social media, advertising and any other publication required.

11.7       These Terms are governed by the laws of Western Australia law and subject to the exclusive jurisdiction of the courts of Western Australia. 

11.8       Flow For You Pilates may revise these Terms by updating the Website and may change the content, links or functionality of the Website or the Service at any time.  Your continued use of the Service will constitute your acceptance of the revised Terms.