Privacy Policy

Terms of Use

  1. Introduction

    1. We, Soul Spring Pilates Pty Ltd (ACN 687 916 463) (Soul Spring Pilates, we or us), operate a Pilates studio and provide Pilates workshops, sessions and classes, and operate a website at www.soulspringpilates.com.au and related URLs (Website) (collectively, the Services).

    2. These terms of use incorporate by reference and are to be read in conjunction with our Privacy Policy, Membership and Studio Access Terms (if applicable) and any other terms or policies as specified by us and linked in our Website from time to time (collectively, the Terms).  For the avoidance of doubt, the aforementioned policies from part of the Terms.

    3. These Terms apply to your access, use, viewing, visiting, and other use of our Website, including any new features added to our current Website at any time.

    4. By accessing, viewing or visiting our Website, making a purchase through our Website or otherwise interacting with our Website, you (you or the Customer) agree to be legally bound by these Terms and accept these Terms as a condition of access to the Website and sale of goods/services to you.  If you do not agree to these Terms, you must immediately cease access to the Website.

  2. Eligibility

    1. Our Website is intended to be used by users aged 18 years of age or older in Australia.  By accessing the Website, you warrant and represent to us that you are at least 18 years of age.  We do not represent that our Website is appropriate, relevant or suitable for any users outside of this scope.  

    2. We may delete, suspend, discontinue or restrict access oZr availability of, or change or update the Website or any part of the Website, in our sole discretion.  You agree that we are not liable to you or any other party for our exercise of rights under this paragraph 2.

  3. Privacy and Personal Information

    1. In order to access some features or benefits of our Website, including ability to make purchases, you may be required to provide information such as your name, address, email address and phone number or register an account with us.  Any personal information you provide to us in connection with the Services is subject to our Privacy Policy.

    2. You are solely responsible for any activity that occurs on your account with us or associated with your email and for maintaining the security of your account details, including passwords.  You must notify us immediately if you suspect any unauthorised use of your account or if you believe your account is no longer secure.

  4. Your warranties and obligations

  1. You warrant and represent to us that:

    1. you have legal capacity and authority to enter into and be bound by these Terms;

    2. all information provided by you to us is true, accurate, current, complete and free from error;

    3. you will maintain the accuracy of any information provided to us;

    4. you will not use a false identity or contact details, impersonate any other person or misrepresent your identity;

    5. you will only use the Website for legitimate purposes, including making legitimate enquiries or bookings; and

    6. you will act courteously, respectfully and politely in all communications on or in connection with the Services and Website.

  2. You must not, directly or indirectly, or encourage or enable any other party to use the Services including the Website:

    1. to mislead, deceive, scam or gain unfair advantage of any other person;

    2. to discriminate against any person, including based on race, sex, sexual orientation or identity or disability;

    3. to harass, intimidate or incite violence;

    4. to spam other users of the Website or the public;

    5. to spread any political or religious beliefs;

    6. for any illegal purpose, including any fraud or grooming or to violate any law or regulation;

    7. for any purpose that would breach our rights or any third-party rights, including any intellectual property rights such as copyright or defamation; and

    8. in any manner that may damage our reputation or that of the Services, or otherwise bring us or the Services into disrepute or negatively affect our goodwill or the goodwill of the Services.

  3. You must not, actually or attempt to, directly or indirectly:

    1. license, sell, lease, rent, assign, distribute or otherwise commercially exploit the Website;

    2. reverse engineer, decompile, disassemble or otherwise attempt to derive the Website or the source code, algorithms or underlying ideas of the Website or any part of the Website or create derivative works from the Website or its content;

    3. use any meta tags or other hidden data containing our brand, trademarks (whether registered or unregistered), URL, logo or logo URL without our prior written consent;

    4. embed, display, mirror or frame the Website or any element of the Website on any other website or place, without our prior written consent;

    5. use any device, software or other method or technologies to access, collect, monitor, scrape information or data, whether from the Website or from other users of the Website or otherwise interfere with the proper function of the Website;

    6. upload or otherwise transfer to any other person via the Website or using the Website, any malicious content or technologies, including any trojans, viruses;

    7. circumvent any feature of the Website, tamper with or gain unauthorised access to the Website or any part of the Website or otherwise breach any security or authentication measures within the Website, including by hacking or password mining;

    8. copy, reproduce, alter, adapt, disseminate, modify, republish, distribute, display or otherwise transfer for commercial or public purposes, the Website; or

    9. use any means to impose an unreasonable load on the infrastructure or bandwidth of the Website or its related systems or networks, including testing the Website for vulnerabilities without our prior written consent.

  1. Purchasing memberships, one-off classes and class packs

    1. You may purchase a membership, one-off class or class packs via the Website or in person via our mobile app (collectively, Studio Access).  You may be required to create an account with us in order to access your membership, class pack or one-off class.

    2. The Membership and Studio Access Terms apply when you purchase a Membership or other Studio Access with us.  Please ensure to read the terms carefully before making a purchase.

    3. All participants are required to sign a waiver and release of liability before attending their first class.  Entry to the studio or participation in a class will not be permitted without a signed waiver.  No refunds, credits, or rescheduling will be provided if a participant refuses or fails to sign the waiver.

    4. By placing an order to purchase Studio Access via the Website, you are making an irrevocable offer to us to purchase the Studio Access for the price specified in the Order, plus any applicable card, bank or transaction fees, taxes, customs charges and duties (Order). 

    5. Each Order that you place constitutes a separate contract with us. All Orders are subject to our acceptance of the Order and availability of Goods.

    6. You warrant and represent to us that:

      1. you will only use the Studio Access for personal, non-commercial use and that it will not be re-sold commercially without our prior written consent;

      2. in paying or attempting to pay for an Order, you agree that you will not/have not breached any law, infringed any third-party right or engaged in any fraudulent conduct; and

      3. you will not make any speculative, fraudulent or false Orders or request a chargeback for the Order.

    7. Orders are deemed to be accepted by us at the later of:

      1. the date that we send an order acceptance confirmation email to your nominated email address; and

      2. the date that we receive full payment in cleared funds, without set off, from you.

    8. We reserve the right to reject an Order for any reason, in our sole discretion. It is your sole responsibility to ensure that you have provided the correct contact and payment details at the time of placing your Order.

    9. An Order cannot be cancelled once submitted. Please ensure to carefully check that your Order and details are correct before submitting it to us.

    10. Whilst we use reasonable endeavours to process Orders placed with us, we may need to cancel an Order because of certain circumstances, such as where we are unable to get in contact with you regarding your Order or other factors outside of our control. We reserve the right to cancel any Order at any time, in our sole discretion, by written notice to you.

    11. If you have already made payment for an Order at the time we cancel an Order, you will be refunded to your original method of payment as soon as practicable.  We will not be liable to you or any other third party for any cancellation of an Order or withdrawal of Goods from the Website.

  2. Price and payment

    1. All prices are in Australian dollars, and if GST applies, is inclusive of GST.

    2. Accepted payment methods are specified at checkout and may be subject to change.  You agree to any third-party terms and conditions or policies applicable to the payment method you choose.

    3. If your payment method cannot be processed, we will notify you and reject your Order until you provide a valid payment method.

    4. If we discover an error in the price of any good/service you have ordered, we will notify you at your nominated email address as soon as practicable and may either reject and refund that part of the affected Order, or give you the option to reconfirm the Order for the affected good/service at the correct price or cancel that part of the affected Order.  If we do not receive a response from you within 5 days of notifying you, the Order for that good/service will be treated as cancelled and any amounts already paid for that Good will be refunded.  We will fulfil the rest of your Order for unaffected good/service.  We are under no obligation to provide any good/service to you at an incorrect price due to error.

    5. We reserve the right to change or update our prices for goods/services at any time, such changes will be applicable to Orders made after the change or update.

  3. Bookings

    1. Our Class Booking and Cancellation Policy applies when you make a class booking.  Please ensure to read the policy carefully before making a class booking.

    2. You may make class bookings in person or via our online booking system on the Website.

    3. Bookings are only confirmed once payment has been received in full, unless otherwise agreed in writing.

    4. We reserve the right to refuse or cancel a booking if payment is not completed or if there has been an error in pricing or availability.

    5. We reserve the right to cancel or reschedule classes due to instructor availability, low enrolments, or unforeseen circumstances. If we cancel a class, you will receive a full refund or credit for that booking.

  4. Returns

    1. We do not accept returns or provide refunds for any Studio Pass purchased due to a change of mind. If you believe you are entitled to a remedy under the Australian Consumer Law, please contact us at hello@soulspringpilates.com.au with details of your purchase, proof of purchase and the nature of your claim.

  5. Promotions and offers

    1. We may offer special promotions, offers, discounts and sales for purchases (Offers) from time to time on the Website, in-store or via a promotional code to be used at check out.  Offers may be subject to additional terms and conditions as specified with the offer, which may include exclusions or other limitations.

    2. Unless otherwise stated, Offers are not applicable in conjunction with any other Offer.

    3. Unless otherwise stated, all references to times and dates in any Offers are based on the time and date in Victoria, Australia.

  6. Intellectual property

    1. All intellectual property rights in the Website and content within the Website, such as text, graphics, logos, images, including trademark, copyright and database rights, are solely owned or licensed to us.  All rights not expressly granted to you under these Terms are reserved by us and/or our licensors.

    2. Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to access and use the Website for the purposes set out in these Terms only.  You must not use the Website or the content within the Website for any commercial purpose without obtaining prior written consent from us.  The License may be revoked by us at any time, for any reason in our sole discretion, including for any breach of these Terms.

    3. You must not use our name, trademark, logo or any other proprietary information or intellectual property owned or licensed exclusively to us, without our prior written consent.

  7. User Content

    1. Some features of our Website may allow you to upload, post, share, publish or otherwise make available content, information, data, images, video or other content within the Website (User Content), which may be accessible by us, other users of the Website and/or the public.  This may include leaving reviews or ratings in our Website.

    2. You grant us a worldwide, unlimited, non-exclusive, irrevocable, royalty-free transferable and sublicensable license to access, use, modify, copy, adapt, distribute, publicly display and perform the User Content on or in relation to the Website, including in our social media, advertising, marketing, promotional, publicity or other media channels (User Content License).

    3. Except as expressly granted under the User Content License or as otherwise stated, these Terms do not transfer any rights in ownership or intellectual property in the User Content to us or any other person.

    4. You are solely liable for any User Content you make available through the Website.  You warrant and represent to us that:

      1. the User Content will comply with these Terms and will not cause you to breach these Terms, including your warranties and obligations;

      2. you waive all moral rights with respect to the User Content;

      3. you have consent of any person appearing in or whose likeness or image is in, the User Content;

      4. you are the sole and exclusive owner of the User Content, or you have the right, licence, authority, consent, release or anything necessary to grant us the User Content License; and

      5. the User Content or any exercise of any rights granted under the User Content License, will not infringe, breach, misappropriate or breach any law, Government regulation or guideline, including any Australian Consumer Law, or third party right, including any intellectual property right such as copyright, trademark, trade secret, patent, design right, moral right, or any other right such as defamation, privacy or tort.

    5. We reserve the right to remove any User Content, in our sole discretion and for any reason.

  8. Suggestions and features

    1. We welcome any feedback, comments, improvements, modification to the Website, feature requests, bug fixes and suggestions to change or improve the Website (Feedback).  We may, but we are not obliged to implement any such Feedback.  You agree that if you provide us with any Feedback:

      1. you will not take any action against us, including making any claim of ownership of any intellectual property in the Feedback, for implementing, utilising or otherwise dealing with any Feedback;

      2. you grant us a worldwide, unlimited, non-exclusive, irrevocable, royalty-free transferable and sublicensable license to access, use, modify, copy, adapt, distribute, publicly display or perform the Feedback for any purpose; and

      3. you irrevocably transfer all right, title and interest in, and any intellectual property rights in the Feedback to us.

  9. Linking and sharing

    1. Subject to your compliance with these Terms, you may link to our Website.  We may revoke permission to link to our Website at any time.  You must not suggest any form of association, approval or endorsement by us without our prior written consent, which may be revoked at any time.

  10. Third party links and social media

    1. Our Website may contain links to websites or applications controlled and operated by third parties from time to time (3P Sites).  We make no representations or warranties as to, and will not be liable for, the content, accuracy, currency, reliability or availability of any 3P Sites.

    2. We use a number of social media platforms such as Instagram and Facebook, however such platforms are governed by their own terms of use.

    3. We do not endorse, support, sanction, encourage, verify or necessarily agree with the content of such 3P Sites or any comments, opinions or statements made by any users on 3P sites or social media platforms.  The 3P Sites may be subject to their own terms and conditions and policies and it is your sole responsibility to ensure you are aware of such terms and policies and that you agree to them prior to accessing or using such 3P Sites.

  11. Termination

    1. These Terms are effective unless and until terminated under this clause.

    2. Either party may terminate these Terms (or any of the other terms and conditions incorporated in these Terms) immediately upon written notice if the other party:

      1. materially breaches these Terms, and the breach is remediable and is not remedied within 30 days of being given written notice of the breach by the party; or

      2. materially breaches these Terms, and the breach is not remediable.

    3. We may terminate these Terms (or any of the other terms and conditions incorporated in these Terms) or suspend your access to the Services for any reason in our sole discretion with notice to you, provided that we fulfil any Orders placed by you prior to the date of termination, or refund amounts paid by you for any unfulfilled Orders at the date of termination.

    4. We may terminate these Terms (or any of the other terms and conditions incorporated in these Terms), suspend your access to the Services or cancel or refuse to process payment of any Orders or part of any Orders, without notice if, or if we suspect, that you have:

      1. breached any term or warranty of these Terms (including any policies referenced in the Terms);

      2. breached any law or are suspected of breaching any law;

      3. participated in fraudulent or unusual activity, including where your Order triggers fraud prevention protocols;

      4. engaged in any scam, spam or are suspected scam or spam; or

      5. engaged in any deceptive, misleading or improper conduct.

    5. The obligations and liabilities incurred prior to the termination date will survive termination of these Terms.

  12. Disclaimers

    1. The Services and Website are provided on an ‘as-is’ basis for general information purposes only and, to the maximum extent permitted by law, without warranty of any kind, whether express or implied.

    2. We do not guarantee, represent or warrant that the Services, Website or any content within the Services or Website will be available, secure or uninterrupted.  We reserve the right to remove the Services or Website for any period of time, or cancel the Services or Website at any time, without notice.

    3. We make no warranties or representations that the Services, Website or any content in the Services or Website will be free from error, or as to the accuracy, completeness or currency of any content made available in the Services.  The content and material in the Services and Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without seeking further professional advice.  Any reliance on the Services, Website or content within the Services or Website, is at your own risk.  To the maximum extent permitted by law, we disclaim all liability arising from any reliance on any such content or the Services and Website, and we are not responsible or liable to you or any other party for any reliance on such content.

  13. Corrections and support

    1. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update any information or cancel orders if information within the Services, Website, an Order or on any related website, is inaccurate or incorrect without prior notice (including after you have submitted an Order) including where such errors or inaccuracies relate to product descriptions, pricing, promotions, offers, product shipping charges, shipping times and availability.

    2. We do not have any obligation to provide technical support or maintenance in connection with the Services or Website.

  14. Indemnity

    1. We agree to indemnify and hold you harmless from and against any and all actions, claims, costs, damages, expenses, losses and liabilities, including legal fees, arising due to our breach of these Terms, except where you cause or contribute to such loss, liability or damage.

    2. You agree to indemnify and hold harmless, Soul Spring Pilates, our directors, officers, employees, agents and affiliates, from and against any and all actions, claims, costs, damages, expenses, losses and liabilities, including legal fees, arising out of or in connection with:

      1. your actual or suspected breach of the Terms or any warranty or representation under these Terms being untrue or inaccurate; and

      2. your actual or suspected breach of any law, or infringement of any third-party right.

  15. Limitation of liability

    1. Nothing in these Terms excludes, restricts or modifies any rights, warranties, guarantees or remedies that cannot lawfully be excluded, restricted or modified under the Competition and Consumer Act 2010 (Cth) or other applicable law, including the Australian Consumer Law (Non-Excludable Rights). To the extent that such laws apply, these Terms must be read subject to those provisions and nothing in these Terms is intended to alter or limit their operation.

    2. To the maximum extent permitted by law, where our liability for breach of any Non-Excludable Right cannot be excluded but may be limited, our liability is limited to one or more of the following:

      1. the resupply of the relevant services;

      2. replacement (where possible) for the good or an equivalent good; or

      3. a refund for the amount paid to us for the relevant good.

    3. Except in relation to Non-Excludable Rights, and to the maximum extent permitted by law, all other terms, conditions, warranties and representations (whether express, implied, statutory or otherwise) are excluded.

    4. To the maximum extent permitted by law, we agree that you will not be liable to us, our directors, officers, employees, agents and affiliates for any actions, claims, costs, damages, expenses, losses or liabilities (Liabilities), whether based on warranty, contract, tort or otherwise, arising out of or in connection with:

      1. our breach of these Terms; or

      2. our breach or suspected breach of any third-party rights,

except where such Liabilities were caused or contributed to by you, or your gross negligence or fraud.

  1. To the maximum extent permitted by law, you agree that Soul Spring Pilates, our directors, officers, employees, affiliates, agents or contractors, will not be liable to you or any third party, for any Liabilities, whether based on warranty, contract, tort or otherwise, arising out of or in connection with:

    1. your breach of the Terms (including any of our policies);

    2. your use or misuse of your Studio Access or bookings;

    3. your breach or suspected breach of any third-party rights;

    4. unauthorised access to your account or device;

    5. changes to, suspension of, or withdrawal of any class, pass or service;

    6. the withdrawal or suspension of sale of Studio Access;

    7. issues outside our reasonable control (like internet outages or system failures); or

    8. any delay or failure to process your Order or deliver your Studio Access due to erroneous, inaccurate or incomplete details provided by you in an Order,

except to the extent that such Liabilities were caused by our gross negligence or fraud.

  1. To the maximum extent permitted by law, each party’s total aggregate liability to the other arising out of or in connection with these Terms is limited to the amounts paid to us by you, within the six (6) months immediately preceding the event giving rise to the liability.

  2. To the maximum extent permitted by law, we will not be liable for any loss or damage resulting from any denial of service attack, virus, trojan, or any other software or material which is malicious or technologically harmful to you, your device, data or material including in connection with your access or use of our Services.

  3. To the maximum extent permitted by law, neither party will not be liable to the other, whether in contract, in tort (including negligence), under statute or otherwise, for any loss, costs, expenses, claims or damages for or in relation to indirect or consequential losses, including loss of revenue, profits, savings, chance, business opportunity, goodwill or reputation.

  4. Each party must use reasonable endeavours to mitigate losses it suffers in connection with or arising out of these Terms.  Each party’s liability is reduced proportionally to the extent that any act or omission by the other party caused or contributed to the act or omission giving rise to the liability.

  1. Force Majeure

    1. We will not be liable for any failure to perform, or any delay in the performance of obligations under these Terms due to any act, event, omission, or accident outside of our reasonable control, including strikes, lock-outs or other industrial action, civil commotion, riot, terrorist attack, threat of terrorist attack, war (whether declared or not), threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, infection or other natural disaster, impossibility of use of transport or any type of transport or telecommunication network, any act, degree, legislation, regulation or restriction of government or any shipping, postal or other transport strike, failure or accident (Force Majeure Event).

    2. Our performance under any contract will be deemed to be suspended for the period of the Force Majeure Event.  If the Force Majeure Event continues for longer than 30 days, we may cancel the contract by giving written notice under these Terms.

  2. Dispute Resolution

    1. This clause does not apply to disputes between Soul Spring Pilates and the Customer with respect to non-payment by a Customer.  For the avoidance of doubt, Soul Spring Pilates may take any action it deems necessary to enforce its right of payment under these Terms.

    2. Except as set out in clause 21.1, the parties shall endeavour to settle any dispute arising out of or relating to these Terms, including with regard to its existence, validity or termination, by mediation administered by the Australian Disputes Centre (ADC).

    3. The mediation shall be conducted in accordance with the ADC Guidelines for Commercial Mediation operating at the time the dispute is referred to ADC (the Guidelines).

    4. The terms of the Guidelines are hereby deemed incorporated into these Terms.

    5. In the event that the dispute has not settled within twenty-eight (28) days following referral to ADC, or such other period as agreed to in writing between the parties, the dispute shall be referred to expert determination in Melbourne, Victoria, Australia.

    6. The expert determination shall be administered by ADC and conducted in accordance with the ADC Rules for Expert Determination operating at the time the dispute is referred to ADC (the Rules).

    7. The terms of the Rules are hereby deemed incorporated into these Terms.

    8. The expert shall not be the same person as the mediator unless the parties each consent in writing to the expert so acting.

  3. General

    1. Applicable laws and jurisdiction: The Terms and its subject matter, are governed and construed under the laws of Victoria, Australia.  You irrevocably agree that the alternative dispute resolution mechanisms and/or courts of Victoria, Australia have exclusive jurisdiction over any action, dispute or claim that arises out of or in connection with these Terms or its subject matter, whether contractual or non-contractual.

    2. Amendment: 

      1. We reserve the right, in our absolute discretion, to amend, remove or vary the Terms by updating the Terms on our Services.  Such changes will apply to any access or use of the Services after the change. Your continued access and use of the Services after any changes constitutes acceptance of those changes.  It is your responsibility to check, review and keep yourself up to date with the Terms. If you do not agree with such changes, you must immediately cease access to the Services.

      2. If you have purchased a membership with us, the amendment terms set out in the Membership Terms apply in respect to changes that may affect your Membership Package.

    3. Assignment: You must not assign, transfer or otherwise deal with the Terms without our prior written consent.  A change of control within the meaning of the Corporations Act 2001 (Commonwealth) will be considered an assignment under this clause.  Any purported dealing in breach of this clause will be void and of no effect.  We may assign, novate, transfer, charge, sub-contract or otherwise dispose of the Terms at any time.  For avoidance of doubt, your statutory rights as a consumer will not be affected by such disposal.

    4. Entire Agreement: The Terms constitute the entire agreement between the parties with respect to the subject matter and supersedes all prior negotiations, understandings, agreements, whether written or oral.

    5. Inconsistency: If there is any inconsistency between the terms of these Terms of Use and any other terms between you and us, such other terms will take precedence to the extent of the inconsistency, unless expressly stated otherwise.

    6. Notices: Any notice, demand, consent or other communication required under the Terms must be in writing and will be duly given when delivered personally to the recipient’s address, by registered, tracked mail to the recipients address or by email to the recipient’s email address.

    7. Severability: If any term in the Terms is invalid, void, illegal or unenforceable, it is deemed to be amended to the minimum extent necessary to make it valid, legal and enforceable.  If such amendment is not possible, then the relevant term is severed from the Terms.

    8. Survival: Clauses 4 (Warranties), Clauses 5.6 (Warranties), 6 (Prices and payment), 8 (Returns), 10 (Intellectual Property), 11 (User Content), 15.5 (Termination), 16 (Disclaimers), 18 (Indemnity), 19 (Limitation of liability), 21 (Dispute Resolution), 22 (General) survive termination of the Terms.

    9. Waiver: No failure or delay by either party in exercising any right, power, or privilege under the Terms will operate as a waiver, nor will any single or partial exercise preclude any other or further exercise of any right, power, or privilege. The rights and remedies provided in the Terms are cumulative and not exclusive of any rights or remedies provided by law.  A waiver will only be effective if made in writing and signed by the waiving party.

  4. Contact us

To contact us, please email us at hello@soulspringpilates.com.au.