TERMS + CONDITIONS
Welcome to Go Chlo Pilates
(ABN: 20 543 374 332)
(“we”, “our” or “us”).
We provide Pilates classes (Services) through Zoom, YouTube, Uscreen or other similar platforms, including www.gochlopilates.com (Go Chlo Platform).
These Terms and Conditions apply to your use of the website and the Services. By using the Services, you signify your acceptance of these Terms and Conditions. If you do not agree to these Terms of Conditions, then you must not use this website or the Services.
We reserve the right to change these Terms and Conditions from time to time, and any updated or amended terms will apply to your use of our website and the Services from the date on which the modified Terms and Conditions are published on the website. It is your responsibility to read and understand these Terms and Conditions, and to review any updated Terms and Conditions when they become available.
1. Your Representations
You represent and warrant that:
You are at least 18 years of age; and
You will use this website and the Services in accordance with these Terms and Conditions.
2. Use of the Services
To use our Services, you must either:
Register your details for a Live Pilates class on Go Chlo Platform ;
Access a video link sent by us;
Access pre-recorded Pilates classes through YouTube or other similar platforms; or
Register for Go Chlo On Demand through Go Chlo Platform (On Demand).
You may only use the Services for your information and personal use and must not be used in connection with any commercial purposes, except as specifically approved by us in writing.
In consideration for the payment of any licence or subscription fees specified by us (if any), we grant to you the licence to access On-Demand, subject to these Terms and Conditions, during the subscription period chosen by you on the Go Chlo Platform (Subscription).
Unless otherwise specified on the Go Chlo Platform, the Subscription will be ongoing and renew automatically at the end of each subscription period for such time as you continue to pay all applicable subscription fees, unless and until your Subscription is terminated by you or by us.
Depending on the level of Subscription you have chosen, you may not have access to all content on the Go Chlo Platform or otherwise be restricted from some functionality.
If you register for a free-trial or discounted Subscription, when that period ends, the full paid Subscription will begin (unless cancelled).
You may change or cancel your Subscription at any time and your changes will be applied to your next Subscription period.
We may change the fees payable at any time on notice to you, and those fees will apply to any subsequent transition. If you do not accept the change in fees, you must cancel your Subscription and/or cease using the relevant Services before those new fees become effective.
You agree that we may suspend, terminate and/or cancel your registration at any time, for any reason in our sole and absolute discretion, including if you fail to pay your subscription fees, without any liability to you. Upon terminating, suspending and/or cancelling your registration, you will not be permitted to use any features of functionality of Go Chlo Platform or our Services.
3. Go Chlo Pilates' Content
All materials on Go Chlo Platform, Go Chlo social media accounts, or as otherwise available to you via the provision of the Services, including but without limitation to videos, images, text, illustrations, trade marks, business names, domain names, copyright, designs and any other intellectual property displayed on or incorporated into the website of the Services (Our Content) is either owned by us or licensed to us.
You must not copy, reproduce, adapt, transmit, distribute, distort, modify or otherwise use Our Content for any purpose or in any way not expressly stated in these Terms and Conditions.
4. Your Content
Nothing in these Terms and Conditions affects the ownership of any words, images, information or other materials that you post or submit to the website, or otherwise provide to us (Your Content). By providing Your Content to us, you:
1. represent that any information comprising Your Content is complete, true and correct;
2. acknowledge that we will rely on Your Content in entering into any agreement or transaction with you;
3. promise that you own or have the right to use Your Content that you submit on or via the Go Chlo Platform or otherwise provide to us, and that our use of Your Content will not infringe anyone else’s rights; and
4. you give us a world-wide, non-exclusive, perpetual, irrevocable, royalty-free licence to use, publish, reproduce, modify and communicate Your Content for the purpose of operating the Go Chlo Platform and our business, including by providing and promoting our Services.
Your Content will only be made publicly available if you post it in a public place on Go Chlo Platform, on social media, or otherwise provide it to us.
We do not warrant that there will be no interruptions or disruptions to your use of the Services, Go Chlo Platform, or Our Content, or that the Services, Go Chlo Platform or Our Content will be free of viruses. We make no promises regarding correctness, completeness, reliability or otherwise regarding your access to the Go Chlo Platform or your use of it. We are not liable to you for any loss claimed or incurred by you or others as a result of any lack of availability. This includes problems caused by third party providers (including, but not limited to, Zoom and YouTube).
You acknowledge and agree that, subject to the non-excludable provisions of the Australian Consumer Law (Schedule 2 of the Consumer and Competition Act 2010 (Cth)), any other non-excludable term implied by law, the Go Chlo Platform and all of our Services are provided on an "as is" basis without warranties of any kind, either express or implied, and we exclude all warranties, representations, and liability of any kind (including in negligence) in connection with the Services and the website.
To the extent that our liability cannot be excluded by law, our liability is limited to the lesser of: (a) the amount covered by our professional indemnity insurance policy and (b) the total amount you have paid for the relevant Services.
You agree to indemnify us (including our directors, officers, employees, contractors, assigns, and related bodies corporate) (Go Chlo Pilates Parties) from and against any and all claims (including in negligence), liabilities, costs, expenses (including legal fees) and loss suffered or incurred by the Go Chlo Pilates Parties and arising from or in connection with (a) your use or and access to the Services; (b) your breach of these Terms and Conditions or any applicable law; (c) your breach of anyone else’s intellectual property rights; and (d) any claim, action, demand or proceedings instituted against us as a result of your use of the Go Chlo Platform or the Services.
You understand that all Services provided by Go Chlo Pilates, require physical exercise and movement. Accordingly, you are advised to seek the advice of a physician before beginning any physical exercise, routine, or using any suggested equipment, shown in any of our videos. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while participating in the Services. Nothing contained in our Services or on our website should be construed as any form of such medical advice or diagnosis.
By voluntarily participating in these Services, you assume all risk of injury. You acknowledge the risks of physical injury, or even death, associated with physical activity. It is your responsibility to ensure that by participating in the Services, you will not exceed your limits while performing such activity and you will only undertake the appropriate level of activity for your skills and abilities. You understand that, from time to time, we may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such direction or suggestion is appropriate for your level of skills and abilities, including any physical or mental condition and/or limitation you have. You agree to consult with a doctor or other medical practitioner prior to participating in the Services. You acknowledge that you are fully liable for all medical expenses as a result of any injury incurred during your participation in the services offered and you expressly waive and release any claim that you may have at any time for injury of any kind against us.
If you are participating in the prenatal or postnatal pilates, you warrant that by registering for a class or participating in the class, you have received medical clearance from your doctor or a medical practitioner that you are fit and well to engage in such activities. If requested, you must provide us with such written confirmation from your doctor or medical practitioner.
6. Compliance with Third Party Licenses
Go Chlo Platform may incorporate components licensed to us by third parties, which may be subject to their own terms and conditions (Third Party Licences).
You agree that your use of Go Chlo Platform, in addition to these Terms and Conditions, will be governed by any terms and conditions specified by any Third Party Licence that applies to the Go Chlo Platform.
These Terms and Conditions are governed by the laws in force in Victoria, Australian. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts.
If you choose to access the website and/or Services from outside Australia, you are responsible for compliance with foreign and local laws.
If you have any questions about these Terms and Conditions or our Services, please feel free to contact us at firstname.lastname@example.org