Commercial Warranty

Your Reformer OnDemand App Terms and Conditions

U Be Fit Pty Ltd ACN 129 190 450 as trustee for the Stallworthy Business Trust trading as "Your Reformer" (Your Reformer, we, us or our) operates the Your Reformer OnDemand online software as a service application (App) through which you may access our App and Services subject to these terms and conditions (App Terms).

Please read these App Terms carefully before using the App or the Service, as your use of the App and the Service is subject to these App Terms. Use of your personal information submitted via the App is governed by our Privacy Policy available on our website. By using the Service via the App (whether now or in the future) or continuing to use the App, you agree to be bound by these App Terms and our Privacy Policy. If you do not accept these App Terms or our Privacy Policy you should cease using the App and the Service immediately.

 

1. Definition of App Terms

  • Service means the fitness programs, classes, content, and features provided by us through the App, or other mediums as may be available from time to time.
  • Member means any person who is also a subscriber to the App.
  • User Content means any post, submission, photo, video or other content uploaded or otherwise made available through the Service by any Member or user (including you).

2. App and Terms

  • When you register an account with our App, you must provide us with personal information such as your name and email address. We may also request additional personal information such as your age (or age range), gender and health information. We will handle all personal information we collect in accordance with our Privacy Policy.
  • When you create an account within our App, you will give your details (including your payment details if you wish to access classes), and we will provide you with a username and you will be required to select a password.
  • You must keep this username and password secure and take all reasonable actions to protect your username and password from unauthorised use. You must not share, give or sell your username or password to any other person. Excessive viewings or logins under your username may be construed by us as unauthorised use of the Services, which may result in the immediate cancellation of your access to the Services without refund.
  • By accessing any part of the App, you agree that you accept these App Terms. If you do not accept these App Terms, you must not use any part of the App, Service or functionality of the App.
  • We may revise these App Terms at any time. You should check the App regularly to review the current App Terms. You will be subject to the App Terms as amended and in force at the time that you use the Service. Your continued use of the Services and accessing of the App constitutes your acceptance of these App Terms as in force at the applicable time.
  • You are responsible for making all arrangements necessary for you to have access to the App, including any fees or costs associated with hardware, equipment, software, services and/or carrier fees.
  • You must be 18 years old or older to use the Services.

3. Subscription

  • You acknowledge and agree that:
    • you must have a subscription to access and use the App (Subscription) and to have a Subscription where you can access all of the Services you must pay us the fee stated at the time that you subscribe to the App (inclusive of any taxes as may be relevant from time to time) (Subscription Fee);
    • you must pay the Subscription Fee in accordance with the billing frequency specified at the time that you subscribe to the Services (Due Date);
    • your subscription to the Services automatically renews on the Due Date unless cancelled in accordance with this clause 3; and
    • the Subscription Fee is subject to review by us and may be varied by notice in writing to you not less than 30 days prior to the Due Date, and you agree that such notice may occur via email or by other reasonable means. If you do not agree to the Subscription Fee as varied, you may terminate your subscription without consequence effective the day before the Due Date on which the varied Subscription Fee takes effect.
  • Your Subscription and use of the Service is conditional on you paying the Subscription Fee in an up-to-date manner.
  • All prices are in Australian Dollars (AUD).
  • Payment of the Subscription Fee is processed by direct debit by a third party, such as Debit Success, Apple Pay, Google Pay, Stripe or any other provider we may introduce from time to time and you elect to use. You can find the terms and conditions for each direct debit provider by visiting their website.
  • For certain direct debit providers, eg: Stripe, your access to (and use of) the Services in your Subscription can be cancelled via your direct debit provider (by following their notice period and cancellation rules).
  • In each instance, you will be prompted to complete the direct debit agreement offered by the relevant direct debit provider during the registration process.
  • Your payment details must be verified before your access to the Services can be activated. If your initial payment authorisation is revoked, your access to the Services will be terminated before you can commence using the Service.
  • Payment of the Subscription Fee will be direct debited from your nominated financial institution or payment method. It is your responsibility to provide valid payment details and ensure that your payment details are up to date at all times.
  • If a payment of the Subscription Fee is rejected, invalid or otherwise unsuccessful, your Subscription may be automatically cancelled at the end of the paid Subscription period.
  • All payments made are non-refundable unless otherwise stated in these App Terms.

4.Cancellation

  • Except where required to cancel via your direct debit provider, you may cancel your Subscription by selecting the ‘unsubscribe’ option through your account settings on the App. This may be via your device or via the portal on our website, depending on where and how you first subscribed. Further you can contact us directly. Notice period will apply.
  • Depending on the direct debit provider you use, you will be required to give a certain number of days notice (up to 30 days notice) in order to shut off the direct debit (as this period is set by the relevant direct debit provider).
  • A confirmation email will be sent to you to confirm your Membership cancellation.
  • Any cancellation of the Services by you will take effect at the end of the period to which the Subscription Fee relates.
  • Upon cancellation of:
    • the Service, you will no longer be permitted to have access to or the benefit of the Service from the end of your paid subscription period.
    • the Subscription, you will no longer be permitted to have access to or the benefit of the App.
  • You acknowledge and agree that we may terminate your access to the Service or Subscription in accordance with these App Terms at any time and you accept that where any such termination occurs, there is no refund available for the Subscription Fee.

5.Subscription rights

  • Subject to these App Terms and the up-to-date payment of the Subscription Fee, you will have access to the App and Services on a limited, non-exclusive, non-transferable, non-sublicensable, revocable basis solely for the purpose of:
    • receiving the Services; and
    • at all times, lawful and own personal non-commercial use of the App and the Services,
    • (Purpose).
  • You warrant to us that you will only use the App and Services for the Purpose and in accordance with these Terms.
  • We reserve the right to add, remove or update features or functions of the App without notice to you. When we make any such changes to the App, or when a new version is released by us, you may be required to update the Ap on your device, or this may occur automatically. This may require your review and acceptance of our App Terms, in the form current at that time, before you will be permitted to continue use of or access to the updated or new version of the App. If you do not accept any updates or new versions released by the App, you acknowledge that we may not continue to support previous versions of the App and any previous version may cease to be available, used or accessed.
  • You must not:
    • reproduce or modify all or any part of the App;
    • misuse the App or a Service (including you must not copy any videos, share your log in details, hack the App, upload a virus, malware or similar, or engaging in cyber-bullying);
    • use, disseminate or reproduce any of the materials on the App or Services for commercial purposes without obtaining a licence from us to do so;
    • disassemble, decompile, modify or reverse engineer any part of the App nor merge it with any other software; or
    • directly or indirectly permit any third party to do any of the above.
  • In accessing the App, you must comply with all applicable user conduct policies or any other relevant policies relating to the App notified by us to you from time to time by publication on the App, email or other reasonable means. It is your responsibility to check the App regularly to keep up to date with any such applicable policies.
  • Unless otherwise stated and except to the extent owned by third parties or their licensors, the copyright and other intellectual property rights in the App and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these App Terms, any use of extracts from the App other than as expressly stated is prohibited.
  • The App may not be used with, and no part of the App may be reproduced or stored in, any other platform or application or included in any public or private electronic retrieval system or service, without our prior written permission.
  • Any rights not expressly granted in these App Terms are reserved.

6.App and Service Access

  • While we try to ensure the App is available 24 hours a day, we do not guarantee the availability of the App (or any Service within), and we will not be liable to you (nor, except to the extent that a non-excludable guarantee applies, will any refund be given) if the App (or any Service within) is unavailable or otherwise not fully or properly functioning at any time or for any period.
  • Access to the App may be suspended temporarily at any time and without notice and without refund.
  • The transmission of information via the App is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the App; any transmission is at your own risk.

7. Links to and from other platforms

  • We may provide links to third party platforms or websites. Such links are provided solely for your convenience. If you use these links, you leave the App. We have not reviewed and do not control any of these third-party platforms or websites, and we are not responsible for these platforms or websites or their content or availability. We do not endorse or make any representation about these platforms or websites, their content, or the results from using such platforms or websites. If you decide to access any of the third-party platforms or websites linked to the Services, you do so entirely at your own risk.
  • You may link to the App or Services, provided that:
    • you do so in a fair and legal way which does not damage or take advantage of our reputation;
    • you do not establish a link from an application, platform, website or other medium that is not owned or validly licensed by you or in a way that suggests a form of association with or endorsement by us where none exists;
    • any service or content from which you link must comply with the content standards set out in these App Terms;
    • we have the right to withdraw linking permission at any time and for any reason.
  • From time to time we will provide links to products which are paid promotions or we otherwise will receive a benefit or commission. When we do so, we will identify them appropriately.

8.Intellectual Property

  • The App and the Services, including, without limitation, all content, materials, design, text, images, video, photographs, illustrations, artwork, graphic material, code, content, protocols, software, and documentation (our IP) provided to you by us, are our property or the property of our licensors and are protected by copyright, trademarks and other proprietary rights and laws relating to intellectual property. Nothing contained in these App Terms should be construed as granting, by implication, estoppel or otherwise, any license or right to use our IP without our express prior written consent.
  • You represent and warrant to us that, with regard to your User Content:
    • you own or have the necessary licences, rights, consents and permissions to use, and you irrevocably authorize us to use the User Content and all patents, trademarks, trade secrets, copyright and other proprietary rights in and to any and all of the User Content to enable their inclusion and use in the manner contemplated by us and these App Terms; and
    • you have the written consent, release and/or permission of each and every identifiable person in the User Content to use their name or likeness to enable inclusion and use of the User Content in the manner contemplated by us and these App Terms.
  • You agree not to upload, publish, or otherwise transmit any User Content that is discriminatory, harassing, offensive, threatening, or harmful to any individual or group based on their race, ethnicity, gender, sexual orientation, religion, disability, or similar. You acknowledge that any violation of this clause may result in immediate termination of your account or access to the App or Service, and may also be subject to legal consequences as applicable under the relevant laws and regulations. You agree that the User Content will not:
    • include material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights or obligations of confidentiality, including privacy rights, unless you are the owner of such rights or have permission from the proper owner to post the material and to grant us all of the rights granted in these App Terms;
    • publish inaccuracies, falsehoods or misrepresentations that are defamatory or could damage us or any third party;
    • include material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or which encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law or which is otherwise inappropriate;
    • post advertisements or solicitations of business; or
    • contain any material or content with a virus, worm, trojan, malware, ransomware or any other defect or error which may affect our Application, Service, software or systems.
  • We also reserve the right, for any reason, to remove or not publish any or all of User Content and to remove content posted by you without prior notice.
  • You grant us a perpetual, irrevocable, royalty-free, worldwide, transferable licence to use and disseminate User Content in connection with the Services, the App, or our business activities. You understand and acknowledge that, when you submit content in any form to us, we may distribute or publish (including in an edited form) User Content on other environments that we own or operate (eg: our social media accounts) or the web platforms of any of our third party affiliates.
  • You understand and acknowledge that, when you provide User Content or submit content in any form to us, we may authorise such content to be distributed or published on other environments that we own or operate (e.g. our social media accounts) or the web platforms of any of our third party affiliates.
  • You indemnify us, and will keep us indemnified, against any breach of this clause 8 and against any claim or action by a third party, and any liability, cost, expense or charge of any kind whatsoever in connection with any such claim or action, that the third party’s intellectual property rights have been breached in any way whatsoever.
  • You have rights if you believe your copyright is being infringed. If you are a copyright owner and believe that any of the Services infringes your copyright, please contact us by email at hello@yourreformer.com.au
  • We acknowledge that all personal information provided by you remains your property.
  • All suggestions, solutions, improvements, corrections, and other contributions provided by you regarding the App, any of the Services, or any of our other materials and documents supplied or provided to you is owned by us, and you hereby assign any such rights to us.
  • Your Reformer retains all right, title and interest in and to our IP, and except for the limited rights and licenses granted to you under these App Terms, nothing may be construed to restrict, impair, encumber, license, alter, deprive or adversely affect our IP, or any of Your Reformer’s rights or interests therein. Nothing in these App Terms:
    • assigns or transfers any right or title to any intellectual property in any of our intellectual property to you; or
    • provides you with a licence to use any mark, name, logo, branding or merchandise for any reason (including that you must not use for promotion or advertising or any other commercial exploitation).

9.Your Reformer Community Guidelines and User Content Moderation Policy

You agree that when engaging with Your Reformer, our instructors, and other Members across the App and Service your conduct and User Content will comply with Your Reformer Community Guidelines and User Content Moderation Policy published on our website.

10. Physical exercise and medical disclaimers

  • To take part in or exercise following the Services, you must be in good physical health. You must not use the App or the Service if you have been told not to engage in physical activity or sport on health or medical grounds.
  • The Services include information, instructions, products and services relating to exercise and fitness. You acknowledge and agree that the disclaimers in this clause 10 apply to all such information, instructions, products and services.
    • Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by a Your Reformer Pilates instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the App. Your Reformer is not a medical organisation and its instructors or staff cannot give you medical advice or diagnosis. 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 viewing the Your Reformer OnDemand videos. Nothing contained in the App (or our Website for that matter) may or should be construed as any form of such medical advice or diagnosis.
    • By using the App 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 you participate in the programs provided in the App at your own risk. It is your responsibility to judge your physical and mental capabilities for such activities and to seek medical advice before engaging in any exercise program we make available.
    • You agree that by participating in classes and activities in the App, 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. You expressly waive and release any claim that you may have at any time for injury of any kind against Your Reformer, or any person or entity involved with Your Reformer, including its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
    • When participating in Your Reformer OnDemand classes provided in the App you must ensure that you always take all appropriate precautions, including that you must:
      • check that you have sufficient space to practice;
      • check there are no trip/slip hazards;
      • check there are no objects you may fall on or come in contact with;
      • check there are no sharp objects or hot surfaces near by;
      • ensure you have sufficient lighting;
      • ensure your camera/screen and other electrical appliances, including cables, are on a levelled surface and not in your training space causing a trip hazard;
      • ensure the room has sufficient ventilation;
      • ensure you have water to keep hydrated;
      • seek medical advice before training; and
      • ensure all household members are aware of the training and avoid entering the space.
    • You must use Your Reformer equipment in accordance with its specifications and safety warnings on the manuals provided with the equipment at the time of purchase. Any use other than as advised may pose a risk to your health or safety for which Your Reformer has no liability.
    • The minimum age requirement to participate in the programs provided in the App is 18 years old.

11. General disclaimers

  • We may make changes to the material on the App or the Service at any time without notice.
  • We do not represent or warrant that the App, Service or any other material accessible from the App is free from computer viruses, worms, trojans, malware or any other defect or error which may affect your software or systems. You should protect your software, devices and systems by installing and implementing your own security and system checks.
  • We provide you with access to the App and Service on the basis that, to the maximum extent permitted by law, including the Australian Consumer Law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the App and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the App or Service, or be otherwise implied or incorporated into these App Terms, by statute, common law or otherwise).
  • We are not responsible for and do not necessarily hold the opinions expressed by any content contributors. Opinions and other statements expressed by users of the Services and third parties (e.g. bloggers) are theirs alone, not opinions of us. Content created by third parties is the sole responsibility of the third party and we do not endorse, warrant or guarantee its accuracy and/or completeness.

12. Liability

  • Nothing in these App Terms excludes or limits our liability for any liability which cannot be excluded or limited under applicable law, including the Australian Consumer Law. Nothing in these App Terms affects your statutory rights, including rights relating to the consumer guarantees applicable to the supply of services under these App Terms.
  • Subject to your statutory rights under the Australian Consumer Law more generally, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service or the App (including the use, inability to use or the results of use of the Service or the App) or resulting from any violation by you of these App Terms or any breach by you of your responsibilities, representations and warranties.
  • You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the App, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
  • You indemnify and hold us and applicable affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on an indemnity basis, made by any third party due to or arising out of your breach of these App Terms, your use of the Service or App or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
  • Subject to clause 12(a) and without limiting clause 12(b), our liability to you, whether based on contract, tort (including negligence), statute, equity or any other cause, is limited to the amount of Subscription Fees you have paid to us in the 12 months preceding the event giving rise to the liability.
  • To the maximum extent permitted by law, neither party will have any liability to the other for fines, penalties, taxes (except GST) and any exemplary, aggravated or punitive damages, liquidated damages or any indirect or consequential loss (including loss of business, loss of revenue, loss of contract, loss of production, lost opportunity costs), loss which does not naturally arise, legal costs and expenses (except reasonable legal costs awarded by a court) except where:
    • such losses are covered by an insurance policy held by the party and in which case, liability is limited to the amount of paid out by the insurer; or
    • you misuse or infringe any intellectual property belonging to Your Reformer.
  • To the maximum extent permitted by law, we do not have any liability or responsibility for any personal injury, fatigue, or property damage sustained by or through use of the App or Service by you or others.

13. Ending access and removing content

  • We reserve the right to, without notice and for any reason deemed appropriate by us:
    • remove any information or other content from the App, including any of the Services or any User Content in whole or part;
    • prevent access to the App or Services by you or any other user or group of users where we reasonably believe you are in breach of these App Terms or are accessing or using the App in a manner detrimental to it or other users; and/or
    • intercept, remove or alter any content stored on the App.
  • We may terminate your Subscription and/or your access to the Services on the following grounds:
    • by mutual agreement, if you do not agree to the Subscription Fee variation contemplated by clause 3(a)(iv);
    • you breach a material term of these App Terms and do not rectify that breach within 7 days' written notice from us to do so;
    • you commit persistent breaches of these App Terms;
    • you do not pay the Subscription Fee when it is due;
    • you breach the Your Reformer Community Guidelines or User Content Moderation Policy; or
    • if anything outside of our reasonable control prevents us from providing the Services or access to the App;
    • for convenience, on 30 days' written notice to you (you may terminate for convenience however remain liable for the Subscription Fees already paid up to the end of the relevant subscription period).
  • If your subscription is terminated under clause 13(b)(vi) or 13(b)(vii), we will refund a pro-rated amount of any prepaid Subscription Fee applicable to a period after the termination date.
  • Exercise of these rights will not prejudice or affect our accrued rights, claims or liabilities under these App Terms. The provisions of these App Terms dealing with intellectual property, privacy and consequences of termination survive the exercise of these rights and may be enforced at any time.

14. Notices

  • All notices under these App Terms must be in writing and sent to the corresponding party's address provided.
  • Notices are deemed received in the case of hand delivery upon delivery and in the case of postal delivery 4 business days after sending. Unless delivered personally, all notices must be addressed to the party’s appropriate address set out in the relevant registration form, or on our website (as applicable).
  • Any notice sent by email or electronically is deemed received on the day after the day of sending, provided the email was successfully delivered.
  • A notice is deemed to be in writing if sent by post or by any form of electronic communication that is electronically date stamped or which produces an electronic record of the date and timing of sending, including emails.

15. General

  • If any of these App Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
  • These App Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
  • Except as provided under clause 2(e), these App Terms cannot be amended or varied except in writing and signed by both parties.
  • Any failure or delay by you or us in enforcing (in whole or in part) any provision of these App Terms will not be interpreted as a waiver of your or our rights or remedies.
  • You may not assign or transfer any of your rights or obligations under these App Terms without our prior written consent. We may transfer any of our rights or obligations under these App Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase, or are sold to.
  • The headings in these App Terms are included for convenience only and do not affect their interpretation.
  • These App Terms shall be governed by and construed in accordance with the law of the State of Victoria. Disputes or claims arising in connection with these App Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Victoria.
Effective date: 28 September 2023