The Nitty Gritty

Website Terms & Conditions

1. GENERAL

These Terms of Use apply to the use of our website located at http://www.jetsetpilates.com.au (“Site”) (“Website Terms of Use”). In using our Site, you agree to be bound by these Website Terms of Use, as a legal agreement between us, JETSET Pilates (ABN 58 670 226 874)(“JETSET Pilates” “us”, “we”, “our”), the owner and operator of the Site, and any associated products or services available on the Site (“Services”), and you (“you”, “your” or “user(s)”), a user of the Site and/or Services (“Agreement”).

By using our Site, you agree to be bound by these Website Terms of Use and our Privacy Policy. We may amend these Website Terms of Use and Privacy Policy at any time by updating this page and the Privacy Policy document. If you do not agree to the terms and conditions contained in these Website Terms of Use, our Terms and Conditions or our Privacy Policy (or any subsequent amendments) you must cease using our Site and Services immediately.

 

2. USE OF THE SITE AND WARNINGS

You must not access or use our Site (a) in a way that violates these Website Terms of Use, (b) for unlawful activities or purposes, (c) in a way that is fraudulent, inaccurate, false, misleading or deceptive, (d) in a way that violates any applicable law (including, without limitation, applicable privacy laws) or (e) in a way that infringes the rights (including our intellectual property rights, as described below) of any other person.

You must take your own precautions to ensure that the process which you employ for accessing our Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of our Site or any linked or third party website (“Third Party Website”).

While we have no reason to believe that any information contained on our Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep our Site updated. Responsibility for the content of advertisements appearing on our Site (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.

3. COPYRIGHT

Unless otherwise indicated, copyright and other intellectual property rights in our Site (including text, graphics, photographs, logos, icons, domain names, service marks, information, design, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Website Terms of Use, you may not in any form or by any means:

a. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of our Site; or

b. commercialise any information, products or services obtained from any part of our Site, without our written permission.

All trademarks appearing on our Site belong to their respective owners.

JETSET Pilates reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution of anything contained within the Site or Service unless we have given express written permission.

By uploading, transmitting, posting or otherwise making available any material via the Site and associated social media platforms, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Act 1968 (Cth).

4. USE OF OUR SITE: RESTRICTED USE

When using our Site or Services, you are responsible for your use and for any use of our Site or Services made using your device. You also agree that your use of our Site or Services is for personal non-commercial use. You agree not to access, copy, or otherwise use our Site or Services, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorised in writing by us.  Unless we agree otherwise in writing, you are provided with access to our Site only for your personal use. You may not without our written permission on-sell information obtained from our Site.

You agree:

  • You will not copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
  • You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Service;
  • You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • You will not collect or harvest any personally identifiable information, including account names, from the Service;
  • You will not stalk, harass, bully or harm another individual who uses our Site or Service;
  • You will not upload, post, transmit or otherwise make available any material that:
    1. is not your original work, or which may infringe the intellectual property or other rights of another person;
    2. is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
    3. includes an image or personal information of another person unless you have their consent;
    4. you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
    5. contains large amounts of untargeted, unwanted or repetitive content; or
    6. contains financial, legal, medical or other professional advice.
  • You will not impersonate any person or entity or misrepresent your affiliation with a person or entity;
  • You will not hold JETSET Pilates responsible for your use of our Site;
  • You will not violate any requirements, procedures, policies or regulations of networks connected to JETSET Pilates;
  • You will not interfere with or disrupt the Site or Service;
  • You will not hack, spam or phish us or other users;
  • You will provide truthful and accurate content;
  • You will not violate any law or regulation and you are responsible for such violations;
  • You will not use our Site to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content;
  • You will not cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine; and
  • You will not upload or attempt to upload any content to our Site that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it.
  • We reserve the right to refuse service, block or suspend any user of the website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the website by any user, without prior notice.
  • We are not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the website by any person other than us. We do not endorse any opinion, advice or statement made by any person other than us.
  • You agree to indemnify us and each of our officers, employees, agents, contractors, suppliers and licensors (collectively, Affiliates) in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these terms and conditions, or any other default or wrongful conduct in relation to the subject matter of these terms and conditions, on the part of you or any of your Affiliates.

 

5. LINKED WEBSITES / THIRD PARTY WEBSITES

Our Site may contain links to Third Party Websites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with Third Party Websites. Our links with Third Party Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Third Party Websites, or of any information, graphics, materials, products or services referred to or contained on those Third Party Websites (“Third Party Content”), unless and to the extent stipulated to the contrary.

6. MODIFICATION OF SITE

We reserve the right to alter, update, or remove our Site at any time. We may conduct such modifications to our Site for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Site for security, legal or other purposes.

We do not guarantee that the Site will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Site or Service may do so. We reserve the right to terminate access for anyone.

7. DISCLAIMER

The disclaimer set out in these Website Terms of Use does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded. We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of our Site or any Third Party Website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through our Site. You indemnify us and our related bodies corporate and our respective officers, employees and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a failure by you to comply with these Website Terms of Use.

By accessing our Site, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus, worm, Trojan horse and/or malware transmitted by this website or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with our Site are hereby excluded. By accessing our Site, you agree to indemnify and hold us harmless for any loss, damage, costs or expenses (including legal fees) whatsoever suffered by any person or entity arising out of or in any way connected with your access to our Site.

In the event of any problem with our Site or any content, you agree that your sole remedy is to cease using this Site. In the event of any problem with the Services that you have purchased on or through our Site, you agree that your sole remedy is to seek a return and refund for such product or services in accordance with the returns and refunds policies set out in our Terms and Conditions.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive any provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our site is contingent on your agreement with this and all other sections of this Agreement. In the event that we may not limit our liability in your jurisdiction, you agree our total liability to you is not more than AUD$100 or the total amount you spent while using our site, products, and service within the last six months, whichever is greater.

This disclaimer survives the termination of your use of our Site or Services and/or the termination of this Agreement.

8. SECURITY OF INFORMATION

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

9. GOVERNING LAW

These Website Terms of Use shall be governed by the laws in force in the state of Victoria, Australia. The offer and acceptance of this Agreement is deemed to have occurred in Victoria, Australia.

10. SEVERABILITY

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, JETSET Pilates shall have the sole right to elect which provision remains in force. This Agreement is deemed to be the entire Agreement between you and JETSET Pilates in relation to the subject matter of this Agreement.

11. NON-WAIVER

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

 

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