Terms and Conditions

Welcome to www.growpilates.com.au, the website for Grow Pilates [ABN 43486483211].

Most of our site is focused on helping you have a wonderful postnatal recovery and pilates experience.

We love our community of and the relationships we build whilst helping you. Like any successful relationship, there needs to be some grounds rules. Below are the ground rules for the relationship we hope we are about to build.

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://growpilates.com.au website or any affiliated offerings (the “Service”) operated by Grow Pilates (“us”, “we”, or “our”).

By accessing the website or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the website or Service.

1. Use of this site.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.

2. Postnatal Pilates Program Membership (PPPM):

2.1 – Postnatal Pilates program (PPP) membership

Grow Pilates’s PPP is a membership site providing online training, courses, resources, community and other content relating to staying healthy during pregnancy. By joining the PPP membership, you will get access to a range of health and well-being resources focussed on postnatal recovery.

The PPP membership may consist of:

a. An exercise program for postnatal women designed by a pelvic floor physiotherapist. The program is tailored to your stage of the postnatal period and level of self-perceived skill, and is delivered by 4 levels of on-demand-videos and live Zoom classes.

b. General health and well-being advice, much of it focussed on pelvic health and postnatal recovery.

c. Questions and answer sessions where PPP members will get the opportunity for their questions to be answered by our team.

d. A community forum where all things postnatal and pelvic health can be discussed with other members of the PPP membership and our team.

e. Relevant information regarding health and well-being from third-party websites that have nothing to do with us, other than that we think the information they provide is worth sharing.

2.2 – Purchases

If you wish to purchase any product or membership service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your full name, your billing address, and your shipping information. We may use your account information to manage your use and access to the PPPM.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

2.3 – Account creation

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

2.4 – Payment

I. Payment Method: For your convenience, you can purchase your PPPM membership using your credit card via Stripe or via Paypal (“Payment Method”). We may add or remove payment methods at any time.

II. Payment and Payment Period: PPPM is a recurring subscription service with a recurring payment (the ‘Payment’) billed on a monthly cycle. Payment will occur at the start of the membership period, and then on the same day each month thereafter. In time, we may offer varying options for the frequency of your Payment (the ‘Payment Period’). Your Payment Period will be determined by the option you choose when purchasing your Posse membership.

III. Automatic Payment: By purchasing a membership, you expressly agree that we are authorised to charge your selected payment plan on the Payment Method you designate.

IV. Updating Payment Details: You can update this information at any time by logging into your account, and clicking the settings tab under the username.

V. Payment Receipts: Receipts are sent once the charge is successful to the registered email account. If there is an error in this email confirmation, please contact us as soon as possible.

2.5 – Third-party payment processes

Your payment is processed by secure PCI-compliant third-party providers. Your credit card information and bank account details are not stored by us on our servers.

2.6 – Membership cost changes

Memberships may be subject to price increase, but will be communicated to you in writing at least 4 weeks prior to any change. We aim to keep these to a minimum.

2.7 – Insufficient Funds / Missed Payments

It is your responsibility to ensure you have sufficient funds on your credit card or in your bank account for all membership/subscription payments. If a payment doesn't go through, it generally means that payment details are incorrect or have been removed, or there was a payment error.

If payment details have been removed from the account and a purchase is attempted, then the payment will fail. For subscription plans, this means they won't be renewed on the next billing period without the payment details. If the subscription is not renewed, then access to the content will be lost.

If the system cannot find any payment details to bill for subscriptions, then an ‘On Hold’ message will appear. The company is alerted to the unpaid status also. If you try to access content, then you will be requested to insert your payment details prior to gaining access.

You will be responsible for paying any additional fees or charges from having a payment declined, defaulted or unable to be processed. These fees or charges come from third-party payment providers and as a result, Grow Pilates does not control the issuing of, or changes in the value to this fee.

2.8 – Cancellations

PPP membership is ongoing until you cancel. Grow Pilates Memberships are able to be cancelled at any time by logging in to your member account and clicking on ‘Dashboard’. From the dashboard, click on the option ‘Billing’. Then scroll down, click ‘Cancel Membership’ below your active plan. When the pop-up appears, click ‘Yes, I’m sure’. Once you've completed these steps, the subscription will be officially cancelled, and you will not be charged for the subscription in the future.

You will have access to the Grow Pilates content for the remainder of the current billing cycle. No refund will be processed for the portion of the time remaining from the cancellation to the end of that billing period. After cancellation, your access to the PPPM will cease at the end of the current billing period.

2.9 – Returns and Refunds

All purchases are non-exchangeable, non-refundable and non-transferable. Unfortunately, Grow Pilates is not able to refund any client for unused Membership periods or equipment.

However, we do understand that life can be unexpected sometimes. Please discuss your situation with us directly via hello@growpilates.com.au if you have experienced exceptional hardship or unexpected circumstances. Any decision will be made on an individual basis and at the sole discretion of the director of Grow Pilates only.

2.10 – Suspension of your Membership:

Unfortunately, the account management system we use does not allow for suspensions. If you need to pause your membership for more than 4 weeks, Grow Pilates suggests you cancel your membership prior to the next billing cycle and then re-join after the period of time away.

2.11 – Termination of PPP and Membership

We reserve the right to terminate the Posse, and or access to certain features of the Posse, with or without prior notice to you. We will make reasonable efforts to provide notice but we are not required to do so under these Terms.

2.12 – Acceptable use of your PPPM account

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. Acceptable use includes:

i. You agree not to disclose your password to any third party.

ii. You agree to be fully responsible for activities that relate to your account or your password.

iii. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

iv. You must keep your contact, payment and other information accurate and updated.

v. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

vi. You must not use your account for any illegal or unauthorised purpose

3. Medical/Health Advice:

3.1 – General information:

Some of the information we provide on our website may be health or medical related. It does not constitute health or medical advice, and we provide this information for your general use only. It may contain historical information, incomplete information or it could be an opinion that is not widely held. Your personal situation has not been considered when providing the advice, so any reliance on this advice is at your sole risk and you should seek independent professional advice before taking steps towards reliance on this advice.

3.2 – Risks of exercise:

Physical exercise, in all of its forms and with or without the use of equipment such as resistance bands, balls, weights or any other equipment that may be suggested by a Grow Pilates instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a medical professional before beginning any physical exercise regimen, routine, program, class or using any suggested equipment shown in any of the pictures or video clips on the Website or affiliated sites of Grow Pilates. 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 decision while viewing Grow Pilates videos and content. Nothing contained in this Website should be construed as any form of medical advice or diagnosis.

3.3 – Understanding your risk:

By using the Website you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from Grow Pilates, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition.

3.4 – Seeking medical advice:

For women who are pregnant or within the first six weeks of the post-natal period, you should seek your GP or Obstetrician's consent and clearance prior to participating in any Grow Pilates sessions. Grow Pilates encourages you to decide if this service is appropriate for you and advises you to seek independent medical advice if you are unsure.

3.5 – Waiver:

You expressly waive and release any claim that you may have at any time for injury of any kind against Grow Pilates, or any person or entity involved with Grow Pilates, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives. Grow Pilates takes no responsibility for any injuries or harm caused. You agree that we shall not be liable for any damages suffered as a result of using the Service.

4. Errors, Inaccuracies and Changes to the PPP and Membership:

4.1 – Errors occurring:

We try to be clear and concise in describing the PPPM, however we make mistakes occasionally. We do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

4.2 – Changes can happen:

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites.

4.3 – Downtime:

We use third-party tools and services to provide the PPPM (web hosting, CMS, plugins, automation software etc). Access to the PPPM may be affected by these third parties. You agree that sometimes you may not be able to access the PPPM and that no action may be initiated against us if there are reasonable delays.

5. Contests, Sweepstakes and Promotions:

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

6. Intellectual Property:

6.1 – Property of Grow Pilates:

The Service and its original content, features and functionality are and will remain the exclusive property of Grow Pilates and its licensors. The Service is protected by copyright, trademark, and other laws of both the Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Grow Pilates. All trademarks on our website belong to their respective owners.

6.2 – No transfer of Intellectual Property:

Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you. You agree that the copyright in all content on our website, is owned or licensed by us.

6.3 – Personal use:

You agree to only use the website and its content for your personal and non-commercial use. Any other use is prohibited unless permitted by law, or with our prior written permission (or permission of the relevant owner).

6.4 – Inclusions:

Content means any content, including but not limited to any trademarks, brand names, logos, all copy, images, art, graphics, music, audio, videos, designs.

7. Links to other websites:

7.1 – Third-party links

Our Service may contain links to third-party websites or services that are not owned or controlled by Grow Pilates. Grow Pilates has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Grow Pilates shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

7.2 – No implication of Endorsement:

We provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

7.3 – Functionality:

We may also provide access to third party apps and software to enhance the functionality of our website. We have no control over those third-party apps and software, and do not make any warranties in relation to them. You use them at your own risk and you must read and agree to their terms and conditions which govern your use of them.

7.4 ¬– Linking to our website:

You may link to our website home page but not any other page on our website.

8. Termination:

8.1 – Termination or Suspension:

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8.2 – Waiver of liability:

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.

9. Indemnification:

As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party. This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.

10. Limitation of Liability:

10.1 – Waiver of Liability:

You agree that we shall not be liable for any damages suffered as a result of using the Service. In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

10.2 – Third-parties:

In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and users of the Service. It is your sole responsibility to ensure the accuracy of the data inputted.

10.3 – Technology and Equipment:

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

11. Disclaimer:

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, noninfringement or course of performance.

Grow Pilates, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service. We may also change, suspend or stop providing our website at any time.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

12. Governing Law:

These Terms shall be governed and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Where you access our website from outside of Australia, you must also comply with all the relevant local laws.

13. Terms and Conditions changes:

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.

14. Contact Us:

If you have any questions about these Terms, please ontact hello@growpilates.com.au

Last Updated: 28th May 2023