General Terms for Equipment Hire

These Terms apply to all Equipment hired by the Company to the Customer. By completing or executing the Application Form or submitting an order, you agree to be bound by these Terms.

1. Definitions

In the Terms, unless expressed or implied to the contrary, the following words have the following meanings:

ACL means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010.

Application Form means the standard application form provided by the Company for the hire of the Equipment and attached to these Terms.

Bond means the bond amount set out in the Application Form.

Business Day means any day other than a Saturday, Sunday, or a bank holiday or a public holiday in Victoria and a reference to a date which does not fall on a Business Day is to be construed as a reference to the next Business Day.

Collection Fee means the collection fee specified in the Application Form.

Commencement Date means the date set out in Application Form.

Company means the entity referred to as the Company in the Parties section of the Application Form.  

Customer means the person hiring the Equipment the subject of these Terms.

Debit success Contract means the terms and conditions, including the application form, between Debit success Pty Limited and the Customer relating to payment arrangements for the Equipment.

Delivery Fee means the delivery fee specified in the Application Form.

Equipment means the equipment set out in the Application Form.

Expiration Date means the date set out in Application Form.

Hire Fee means the hire fee specified in Application Form, or such other amount specified by the Company from time to time.

Hire Period means the period from the Commencement Date to the Expiration Date (both dates inclusive) as specified in Application Form, unless otherwise terminated in accordance with these Terms.

Interest Rate means the interest rate set by the Penalty Interest Rate Act 1983 (Vic).

Location means the address where the Equipment is held by the Customer as set out in Application Form.

Parts means any and all appliances, parts, instruments, accessories and other equipment of whatever nature constituting part of the Equipment or which may from time to time be incorporated or installed in, or attached to the Equipment.

PPSA means the Personal Property Securities Act 2009 (Cth).

PPSR means the Personal Property Securities Register established pursuant to the PPSA.

Security Interest means an interest in personal property provided for by a transaction that, in substance, secures payment of money or performance of an obligation (without regard to the form of the transaction or the identity of the person who has title to the property), and also includes a transaction which the PPSA treats as a security interest whether or not the transaction concerned, in substance, secures payment or performance of an obligation.

Secured Property means all goods that are supplied to the Customer by the Company (whether now or in the future) including the Equipment and for the avoidance of doubt the proceeds of any sale of those goods.

Sub-hirer means any party to whom the Customer has sub-hired or otherwise provided the Equipment.

Terms means these terms and conditions of equipment hire.

In these Terms, unless expressed or implied to the contrary, terms defined in the PPSA, have the same meaning.

2. Hire of Equipment

• The Company will hire to the Customer the Equipment in accordance with these Terms.
• This agreement commences on the earlier of either the Commencement Date, or the day that the Customer takes possession of the Equipment.
• This agreement will terminate on the Expiration Date.
• The minimum Hire Period is twelve (12) weeks.

3. Supply and Return of Equipment

• Except as otherwise agreed in writing with the Company, it is the Customer's responsibility to collect the Equipment from the Company during normal business hours.
• Within 14 Business Days from the end of the Hire Period, the Customer must contact the Company to arrange a time for the Company to collect the Equipment from the Customer's Location during business hours.
• The Customer agrees to allow the Company access to the Location to collect the Equipment.
• Delivery of the Equipment to the Location and return of the Equipment to the Company is at the Customer’s own expense.
• If the Customer requires the Company to deliver the Equipment to the Location, the Customer agrees to pay the Company the Delivery Fee within 10 Business Days of the Company delivering the Equipment to the Location.
• If a Collection Fee is specified in the Application Form, the Customer must pay the Company the Collection Fee within 10 Business Days of the Company collecting the Equipment from the Location.
• The Company accepts no responsibility for any accidental damage caused to the Equipment during the course of delivery, installation or pickup of the Equipment.
• Subject to normal wear and tear expected from use of the Equipment indoors, if the Equipment is not returned to the Company in a clean condition and/or good working order, the Customer will be charged the Company's costs in bringing the Equipment to this condition.

4. Acceptance, Risk and Title

• As at the Commencement Date, the Customer acknowledges that the Customer has inspected the Equipment and is satisfied as to the condition, quality and safety of the Equipment, its fitness for the Customer’s purposes and its compliance with its description.
• The Customer will be deemed to have accepted the Equipment and risk will have passed to the Customer:
• where the Company delivers the Equipment, upon delivery of the Equipment to the Location; or
• upon the Customer or its agent taking possession of the Equipment.
• The Customer acknowledges that the Company owns the Equipment and in all circumstances the Company retains title to the Equipment. The Customer's rights to use the Equipment are as a bailee only.
• The Customer must not, and must not attempt to, sell or offer for sale, assign, mortgage, pledge, charge, encumber, or otherwise dispose of or part with the Equipment or any part thereof in the Hire Period without the Company's prior written consent.

5. Installation and Location of Equipment

• The Customer must not attach the Equipment to any property without the Company's prior written consent. If the Equipment is attached to land, the Equipment will not become a fixture and may be removed by the Company in accordance with these Terms.
• The Customer must keep the Equipment indoors at the Location at all times during the Hire Period.
• The Customer must not remove the Equipment from the Location or part with possession of the Equipment without the Company's prior written consent.

6. Customer's Obligations

• Cleaning and Maintenance: The Customer warrants that it will:
• keep the Equipment in proper working order and condition and in good and substantial repair at the Customer's own cost;
• not do or cause anything to be done that may endanger the safety or condition of the Equipment and must use all reasonable measures to protect the Equipment against theft and vandalism;
• not in any way alter, modify, tamper with, damage or repair the Equipment without the Company's prior written consent; and
• not deface, remove, vary or erase any identifying marks, plate, number, notices or safety information, on the Equipment.
• Operation of Equipment: The Customer warrants that it:
• will operate the Equipment safely, only for its intended use and in accordance with the manufacturer's instructions;
• acknowledges and accepts that operation of the Equipment may cause physical injury, and the Company will not be liable for this physical injury except as provided for in clauses 15 and 16; and
• will display all safety signs and instructions (as required by law), and ensure that all instructions and signs are observed by users of the Equipment.
• Replacement of Parts: The Customer warrants that it will:
• replace all Parts, with reasonable promptness, which may from time to time become worn out, lost, stolen, compulsorily acquired, destroyed, seized, confiscated, damaged beyond repair or permanently rendered unfit for use by damage or obsolescence;
• ensure that all replacement Parts have a value and utility at least equal to the Parts replaced in their condition and repair required to be maintained under these Terms;
• accept full responsibility for the cost of replacing such Parts; and
• agree that all replacement Parts will become the property of the Company free of any liens, charges or other encumbrances.
• Repair of Equipment: The Customer agrees that:
• it will undertake repairs or replacement of the Equipment within a reasonable time upon receiving a written notice from the Company of any defect or deficiency in the Equipment or the Customer's operation of the Equipment or both for which the Customer is responsible under these Terms; and
• if the Customer fails to carry out its obligations under clause 6.4.1, the Company and its agents may enter the Customer's premises for the purpose of carrying out the repairs or replacement of the Equipment.

7. Breakdown of Equipment

• In the event that the Equipment breaks or becomes unsafe to use during the Hire Period, the Customer must:
• notify the Company immediately;
• immediately stop using the broken Equipment;
• take all necessary steps to prevent injuries to any persons or damage to any property as a result of the condition of the Equipment; and
• not repair, or attempt to repair, the Equipment without first receiving written notice from the Company in accordance with clause 6.4.1.
• If the Equipment breaks or becomes unsafe through no fault of the Customer, and the Customer has notified the Company pursuant to clause 1.1 above, the Company will replace or repair the Equipment at the Company's option.
• If the Equipment has broken or becomes unsafe to use as a result of the Customer's acts or omissions (or its employees or contractors), the Customer will be liable for:
• any costs incurred by the Company to repair or replace the Equipment; and
• the Hire Fee for that portion of the Hire Period during which the Equipment is being repaired or replaced.
• Subject to clause 2, if the Customer notifies the Company immediately of a breakdown, the Company may determine not to charge the Hire Fee during the time in which the Equipment is not working.

8. Loss, Damage or Theft of Equipment

• In the event that the Equipment becomes lost, damaged or stolen, the Customer must immediately notify the Company.
• If the Equipment is lost, damaged beyond fair wear and tear or stolen during the Hire Period, the Customer will be liable for:
• any costs incurred by the Company to recover the Equipment; and
• all other costs listed in clauses 3.1 and 7.3.2.

9. Sub-hire of the Equipment

• The Customer must not sub-hire or loan the Equipment to any third party without the prior written consent of the Company, at its absolute discretion.

10. Amount Payable by the Customer

• The Customer must pay the Company the Hire Fee in accordance with these Terms.
• The Customer must pay the Bond to the Company on the Commencement Date. The Bond will be refunded to the Customer within 14 days of the Expiration Date, less:
• any Hire Fees in arrears; and
• where the Company has repaired the Equipment, the cost of that repair.
• In addition to the fees provided in clause 10.1, the Customer agrees to pay:
• any and all rates, and other taxes such as GST (but excluding any income tax payable by the Company), outgoings, penalties, fines, demands, charges or costs, stamp and other duties;
• all repair and operating expenses in respect of the Equipment including (without limitation) and the cost of replacement Parts; and
• all other costs and expenses required under these Terms.
• In the event that these Terms are terminated prior to the Expiration Date due to the default of the Customer, , the Customer acknowledges that the remaining Hire Fee up to the Expiration Date is payable by the Customer to the Company.

11. Payment Terms

• Unless otherwise provided for in these Terms, all amounts payable by the Customer to the Company are payable in accordance with the payment terms set out in the Application Form, and if no payment terms are provided, all amounts payable to the Company are payable within 7 days of any invoice provided by the Company or its agent.
  
• If the Customer defaults in making payment to the Company in accordance with these Terms, the Company may in its absolute discretion:
• charge the Customer interest at the Interest Rate on the overdue amount; and
• require the Customer to reimburse the Company for all collection costs (on a full indemnity basis) incurred by the Company.

12.  GST

• In this clause:

GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended) and any related tax legislation or regulation;

GST means goods and services tax within the meaning of the GST Act and, except where the contrary intention appears, expressions used in this clause have the meanings given to them in the GST Act.

• If the party to these Terms (Supplier) makes a taxable supply (Supply) under these Terms, then the recipient of that Supply must also pay to the Supplier, at the same time as the consideration for the Supply is paid or otherwise given to the Supplier, an additional amount equal to any GST payable in connection with that Supply.
• The Supplier warrants that it is registered for GST under the GST Act.
• The Supplier’s right to payment under clause 12.1.1 is subject to a tax invoice being delivered to the recipient of that Supply to enable the recipient to claim input tax credits for the Supply.
• If an adjustment due to an adjustment event results in the GST being different from that paid to the Supplier under clause 12.1.1 the Supplier:
• must refund to the recipient any excess; and
• may recover from the recipient any shortfall.

13. PPSA

• If the Company determines, in its absolute discretion, that the PPSA applies to a transaction under these Terms, the Customer agrees to:
• grant the Company a Security Interest in the Secured Property; and
• do all things necessary or reasonably requested by the Company to enable the Company to:
• register and perfect its Security Interest in the Secured Property on the PPSR;
• exercise its rights in connection with the Secured Property; and
• confirm whether the Customer has complied with these Terms.
• The Customer acknowledges and agrees that in relation to the part of the Secured Property that is inventory, the Customer will not allow any Security Interest to arise in respect of that Secured Property unless the Company has perfected its Security Interest in the Secured Property prior to the Customer’s possession of the Secured Property.
• If Chapter 4 of the PPSA applies to the enforcement of the Security Interest arising under or in connection with this agreement, the Customer agrees:
• to the extent that section 115(1) of the PPSA allows this, the following provisions of the PPSA will not apply to the enforcement of that Security Interest: section 95 to the extent that it requires the Company to give a notice to the Customer, section 96, section 121(4), section 125 (obligation to dispose of or retain collateral), section 130 to the extent that it requires the Secured Party to give notice to the Customer, section 132(3)(d), section 132(4), section 142 and section 143 (reinstatement of security agreement); and
• to the extent that section 115(7) of the PPSA allows this, the following provisions of the PPSA will not apply to the enforcement of that Security Interest: section 127, sections 129(2) and (3), section 132, section 134(2), section 135, sections 136(3), (4) and (5) and section 137.
• The Customer agrees to immediately notify the Company of any changes to its name or address (as specified in this agreement).
• The Customer shall pay on demand any losses arising from, and any costs and expenses incurred in connection with, any action taken by the Company under or in relation to the PPSA, including any registration, or any response to an amendment, demand or a request under section 275 of the PPSA.
• Any notices or documents which are required or permitted to be given to the Company for the purposes of the PPSA must be given in accordance with the PPSA.
• The Customer waives the right to receive any notice under the PPSA (including notice of a verification statement) unless the notice is required by the PPSA and cannot be excluded.

14. Exclusion of Liability

• Nothing in these Terms is intended to exclude, restrict, or modify any guarantee, term, condition or warranty implied or imposed by law (including the ACL) which cannot be lawfully excluded or limited (Non-Excludable Guarantees).
• The Customer acknowledges that with respect to any Non-Excludable Guarantees, the Company's liability is, where permitted, limited to replacement (or the cost of replacement) of the Equipment, the supply (or the cost of supply) of equivalent Equipment or the repair (or the cost of repair) of the Equipment at the Company's option.
• Subject to the Company's obligations under the Non-Excludable Guarantees, and to the maximum extent permitted by law, the Company's maximum aggregate liability for all claims arising under or relating to these Terms or its subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, is limited to an amount equal to the Hire Fee paid by the Customer under these Terms.
• Subject to clause 15.1, to the extent permitted by law (unless otherwise expressly set out in these Terms), all terms, conditions, warranties, undertakings, inducements or representations whether express or implied, statutory or otherwise, relating to the Company's obligations under these Terms are excluded.
• 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 but not limited to loss of business, loss of revenue, loss of contract, loss of production, lost opportunity costs), 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.
• To the maximum extent permitted by law, the Company will not have any liability or responsibility for any personal injury, fatigue or property damage sustained by or through use of the Equipment.
• Except to the extent excluded by law, the Customer indemnifies the Company against any losses, damages, claims, liabilities, expenses, payments or outgoings (Liabilities) incurred by the Company to the extent the Liabilities were caused by the Customer's, or its agent's, officers', sub-contractors' or employees', acts or omissions or its breach of its obligations under these Terms.
• The Customer accepts the Equipment at its own risk except where the Company owes a duty of care at law in the absence of these Terms and, save as set out in these Terms, the Company will not be liable to the Customer for any loss, damage, injury or death sustained by any person or to any property howsoever caused.

15. Indemnity

• Except in the case of legal liability caused solely by the gross negligence of the Company, the Customer indemnifies the Company for any legal liability for personal injury arising out of, or in connection with, use of the Equipment.

16. Termination

• Either party may terminate these Terms with immediate effect by serving a written notice on the other party if:
• the other party becomes unable to lawfully perform its obligations under these Terms;
• the other party becomes bankrupt or insolvent, executes a personal insolvency agreement, enters into liquidation, administration, receivership or ceases to carry on business; or
• commits a breach of these Terms which it does not remedy (if capable of remedy) within 5 Business Days of receiving written notice of breach.
• The Company may terminate these Terms at any time for any reason for convenience by giving the Customer at least 10 Business Days' written notice.
• The Customer may terminate these Terms at any time after the 8 week anniversary of the commencement of the Hire Period by giving the Company at least 10 Business Days' written notice.
• The Company may terminate these Terms immediately if the Customer or any third party has made a false statement in the Application Form.
• These rights of termination are in addition to any other rights either party has under these Terms and does not exclude any right or remedy under law or equity.

17. Security and Charge

• Despite anything to the contrary contained in these Terms:
• where the Customer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Company to secure all amounts and other monetary obligations payable under these Terms. The Customer and/or the Guarantor acknowledge and agree that the Company shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable under these Terms have been met.
• should the Company elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer and/or Guarantor shall indemnify the Company from and against all the Company’s costs and disbursements including legal costs on a solicitor and own client basis.
• The Customer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Company as the Customer's and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of clause 18.1.

18. Guarantor

• The Guarantor unconditionally and irrevocably guarantees the due and punctual performance by the Customer of these Terms.
• The Guarantor acknowledges that the Customer is entering into these Terms on its request, it is associated with the Customer, and it receives valuable benefit from the Customer and the Guarantor entering into these Terms.
• The Guarantor unconditionally and irrevocably guarantees the due and punctual payment by the Customer of all Hire Fees and other monies at any time actually or contingently owing to the Company by the Customer under these Terms or otherwise (Guaranteed Monies).
• If the Customer defaults in the payment of the Guaranteed Monies, the Guarantor shall pay those monies immediately on demand to, or as directed by, the Company in order to discharge the debt owed to the Company in full.
• This clause 19 shall constitute a continuing guarantee and indemnity to the Company for all Guaranteed Monies which are now or may from time to time be owing or remain unpaid.
• The Guarantor's obligations under this clause 19 are primary obligations and are not ancillary or collateral to any other right or obligations. The Guarantors obligations may be enforced against the Guarantor without the Company being required to take action against the Customer whether by making a demand or under any security that it may hold for the Guaranteed Monies.
• The liability of the Guarantor under this clause 19 is absolute and unconditional and it shall not be avoided, released or affected by anything at all which, but for this provision, might operate to relieve the Guarantor of any obligation in whole or in part.

19. General

• The only contractual terms which are binding upon the Company are those set out in these Terms or otherwise agreed to in writing by the Company and those, if any, which are imposed by law and which cannot be excluded by these Terms. Any terms and conditions of the Customer included on documents submitted to the Company are expressly excluded and do not apply.
• All previous negotiations, representations, warranties, arrangements and statements (if any) whether expressed or implied, including any collateral agreement or warranty between the Customer and the Company, are excluded and cancelled.
• If any of these Terms are found to be void, voidable or unenforceable the validity and enforceability of the remaining provisions shall not in any way be affected or impaired.
• A waiver by either party of any breach or failure to enforce or to insist upon the observance of a condition of these Terms will not be a waiver of any other or of any subsequent breach.
• These Terms can only be amended, supplemented or replaced by another document signed by the Customer and the Company.
• The Customer may not assign these Terms without the Company's prior written consent.
• Time is of the essence in relation to these Terms.
• These Terms and any agreement including them shall be governed by the laws of the State of Victoria and the Company and the Customer submit to the jurisdiction of the Courts of that State.
• To the extent of any inconsistency between these Terms and the Application Form, the following order of preference will apply:
• Application Form

OnDemand Class Injury Disclaimer and Waiver

Your Reformer's OnDemand App (hereinafter referred to as the “App”) is designed to provide you with high quality video of fitness classes, strength and stretch routines, foundational moves, information about fitness and bringing together a community of people that are interested in Pilates. This App is not directed to persons under eighteen (18) years of age. The Website is owned by Your Reformer.

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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 this Website should be construed as any form of such medical advice or diagnosis.

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 Your Reformer, 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 without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.

When participating in Your Reformer OnDemand Classes ensure you always:

• Check that you have sufficient space to practice
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In no event shall Your Reformer, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, (III) any unauthorised access to or use of Your Reformer secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from the Website, (V) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Website by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Your Reformer OnDemand App is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

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Your Reformer – At Home application Terms of Use 

These Your Reformer – At Home Application Terms of Use (“App Terms”) constitute a binding agreement between you (referred to as “User”, “you”, or “your” as the context may require) and BB & NE Co Pty Ltd. (referred to as “we”, “us”, or “our” as the context may require). These App Terms govern your use of the Your Reformer – At Home Application including without limitation use on or through a web browser, IOS, and/or Android OS (including all related documentation, the “App”). The App is licensed, not sold, to you. 

BY (A) CLICKING THE “AGREE” BUTTON, AND/OR (B) DOWNLOADING, INSTALLING, SUBSCRIBING TO, AND/OR USING THE APP, YOU, AND/OR USING OR OTHERWISE ACCESSING ANY CONTENT, AND/OR ANY OTHER MANIFESTATION OF YOUR ASSENT TO THE APP TERMS SHALL CONSTITUTE YOUR ACCEPTANCE OF THESE APP TERMS, AND YOU: (i) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE APP TERMS; (ii) AFFIRM THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD, HAVE FULL POWER, CAPACITY AND AUTHORITY TO AGREE TO THESE APP TERMS, AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM USING APP; AND (iii) ACCEPT THESE APP TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.  

YOU ACKNOWLEDGE THE COLLECTION, USE, AND OTHER PROCESSING OF YOUR PERSONAL INFORMATION SUBMITTED OR OTHERWISE PROCESSED THROUGH THE APP IS GOVERNED BY OUR PRIVACY POLICY FOUND AT [LINK], AND YOU ACKNOWLEDGE ALL ACTIONS WE TAKE WITH RESPECT TO YOUR PERSONAL INFORMATION CONSISTENT WITH THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE APP TERMS OR OUR PRIVACY POLICY, YOU MAY NOT DOWNLOAD, INSTALL AND/OR USE THE APP OR ANY CONTENT, AND YOU MUST DELETE IT FROM YOUR MOBILE DEVICE. 

We may amend or otherwise revise these App Terms, including our Community Guidelines and User Content Moderation Policy annexed to these App Terms, and our Privacy Policy at any time by giving 30 days’ notice to you via the App, via email or by other reasonable means, prior to the amendments coming into effect. You should therefore regularly check these App Terms to review the current terms. You will be subject to these App Terms, including our Community Guidelines and User Content Moderation Policy, as amended and in force at the time that you use the App. If you do not agree to the amended or revised App Terms, you may cancel your Subscription before the end of the current billing period in accordance with these App Terms, otherwise, your continued use of the App after notice of the amended or revised App Terms constitutes your acceptance of these App Terms as amended and in force at the applicable time. 

1. License Grant. Subject to the terms of these App Terms, we grant you a limited, non-exclusive, non-sublicensable, and nontransferable license to: (a) download, install, and use the App for your personal, non-commercial use on a device owned or otherwise controlled by you (“Device”) strictly in accordance with the App’s documentation; (b) access, stream, download, and use on such Device the classes, programs, and activities offered on the App and through the Subscription (“Content”) that is made available in or otherwise accessible through the App, strictly in accordance with these App Terms. 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. The minimum age requirement to participate in the Content provided in the App is eighteen (18) years old. 
2. License Restrictions. Except as may be expressly permitted by applicable law or expressly authorized by the App, you shall not: (a) copy the App or its Content, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App or its Content; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App or its Content, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, including the Content, to any third party for any reason, including by making the App or its Content available on a network where it is capable of being accessed by more than one device at any time; (f) use any robot, spider, or other automatic device, process, or means to access the App or its Content for any purpose, including monitoring or copying any of the material on the App; (g) use any manual process to scrape or otherwise monitor or copy any of the Content on the App, or for any other purpose not expressly authorized in these App Terms, without our prior written consent; (h) frame, mirror, or otherwise incorporate the App or any portion of the App as part of any other mobile App, website, or service; (i) use the App in any manner that could disable, overburden, damage, or impair the App or its Content or interfere with any other party’s use of the App or its Content; (j) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App or its Content; or (k) use the App in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments. 
3. Policies. In accessing the App and its Content and in engaging with us and other users across the App, the Website and Website Services (as those terms are defined in section 15), you must comply, and your conduct and your User Contributions (as defined in section 12) must comply, with all applicable user conduct policies, such as the Community Guidelines and User Content Moderation Policy, 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. The latest version of the Community Guidelines and User Content Moderation Policy is annexed to these App Terms. It is your responsibility to check the App regularly to keep up to date with any such applicable policies as amended from time to time.  
4. Reservation of Rights. You acknowledge and agree that the App, and any logos, names, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation any copyrights, patents, trademarks, proprietary or other rights contained therein, related thereto, or otherwise arising therefrom are owned by us or our affiliates, licensors or suppliers. Furthermore, you acknowledge and agree that the source and object code of certain App and the format, directories, queries, algorithms, structure and organization of the same are the intellectual property, proprietary and confidential information of us and/or our affiliates, licensors and suppliers, and all suggestions, solutions, improvements, corrections, and other contributions provided by you regarding the App or any of our other materials and documents supplied or provided to you, is owned by us, and you hereby assign any rights in the same to us. You expressly agree that you will do nothing inconsistent with our ownership of the App or the rights of third parties, and that you gain no rights, title, or interest in or to the App or any goodwill associated therewith, except as stated in these App Terms. In addition, except as expressly set forth in these App Terms, you are not conveyed any right, title or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of us or any third-party. Any and all goodwill arising from your use of any App shall inure solely to our benefit. 
5. Feedback. If you provide us with testimonials, suggestions, reviews, or other feedback regarding the App or the Content (collectively, “Feedback”), you acknowledge that the Feedback is not confidential and you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant us a worldwide, nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback in any manner and for any purpose (including for marketing), without any notice, compensation or other obligation to you or any third party. 
6. Collection and Use of Your Information. You acknowledge that when you download, install, or use the App, we may use automatic means (including, for example, software development kits, cookies and web beacons) to collect information about your Device and about your use of the App (“Data”). You also may be required or requested to provide your name, age, gender, postcode, phone number, email address, and/or payment details, and other requested information which you may voluntarily provide (“Account Information”) as a condition to downloading, installing, or subscribing to the App, and the App may provide you with opportunities to share information about yourself with others. We will handle all personal information we collect in accordance with our Privacy Policy.  
7.  Account. 

(a) To use certain Content on the App, you will need to subscribe to the App. When subscribing, you must create a user account (each, an “Account”). When you create an Account, you will be required to provide accurate and complete Account Information. You must ensure your Account Information remains accurate and complete. If you provide any Account Information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of the App.  

(b) You will also be required to create a username and password for your Account. It is your responsibility to keep this username and password secure. You must not share, give, or sell your username or password to any other person. By using the Account, you will be responsible for all activities that occur under the Account and any other actions in relation to the Account (with or without your permission). We are not responsible for any loss or activity that results from the unauthorized use of your Account due to your failure to secure your access credentials. 

(c) We may, at our sole discretion: (i) limit the number of Accounts that you may create or maintain; (ii) stipulate additional conditions and requirements for the opening or maintaining of Accounts; and/or (iii) refuse to create an Account for you. 

(d) Excessive viewings or logins under your Account may be construed by us as unauthorized use of the App, which may result in the immediate cancellation of your access to the App without refund.  

(e) Without limiting our rights under these App Terms or otherwise at law, we may, in our discretion, but are not obligated to offer certain Content to users without an Account or Subscription. We reserve the right to at any time, remove or modify Content and which Content is accessible without an Account or Subscription, in our sole discretion.  

8. Subscription.  

(a) To access and use the Content located in the App, you must maintain a subscription to the App (“Subscription”). You can choose to subscribe to the App either on a monthly, semi-annual, or annual basis, or for such other periods that we may offer from time to time. Your Subscription and use of the App is conditional on your payment of the Subscription Fee in an up-to-date manner.  

(b) Your Subscription shall automatically renew on the billing frequency specified at the time that you subscribed (“Due Date”) unless cancelled in accordance with these App Terms. 

9. Subscription Fee.  

(a) The applicable fees for each Subscription level are set out on the Website (defined herein) or on the App and other applicable transaction, foreign exchange and other applicable fees (collectively, the “Subscription Fee”) will be billed on the Due Date unless and until you cancel your Subscription. We automatically bill your payment method each month on the Due Date. All fees are due and payable on the Due Date and must be paid in the currency of the jurisdiction in which you are located unless we notify you we require a different currency at billing.  

(b) We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these App Terms. Eligibility for any promotions or discounts is ascertained at the time you subscribe and cannot be changed during the term of your Subscription. You are responsible for reading and understanding the specific terms and conditions applicable to any promotions or discounts. 

Payment of the Subscription Fee is processed by a third party, such as Debit Success, Apple Pay, Google Pay, Stripe or any other provider we may introduce from time to time. You may find the terms and conditions for each direct debit provider by visiting their respective websites. For certain debit direct providers (e.g., Stripe) your access to (and use of) the Subscription in your App can be cancelled through your direct debit provider. In each instance, you will be prompted to complete the direct debit agreement offered by the relevant direct debit provider during the Subscription registration process. Your payment details must be verified before your access to the Subscription can be activated. Payment of the Subscription Fee will be direct debited from your nominated financial institution or payment method. You acknowledge and expressly agree to our integration and cooperation with Stripe to enable Stripe to provide its services, and you expressly agree to and represent that you are and shall remain in compliance with and shall be bound by all applicable Stripe terms and conditions and policies, as may be modified by Stripe from time to time, including without limitation the Stripe Connected Account Agreement and the Stripe Services Agreement, and acknowledge the applicable Stripe Data Processing Agreement, and you authorize us to disclose and otherwise make available your and all other information made available on or through the App or Website Services to Stripe, and you expressly agree to our access and use of information from Stripe.  

(c) It is your responsibility to provide valid payment details that 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.  

(d) All payments made are non-refundable unless otherwise stated in these App Terms.  

(e) We reserve the right to change your Subscription Fee. In the event of a fee change, we (or the relevant app store from which your Subscription was created as an in-app purchase) will attempt to notify you not less than thirty (30) days in advance of the change (or the prescribed notice period set by the relevant app store) by sending you an email and, where applicable, push notification. If you do not wish to accept a Subscription Fee change, you may cancel your Subscription prior to the price change taking effect. If you do not cancel your Subscription after the fee change takes effect and prior to the start of your next billing period, your Subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method these amounts. We will not be able to notify you of any changes in applicable taxes. 

10. Free Trial. We may provide a free trial Subscription for a fixed period of time, as determined by us at our sole discretion. We reserve the right to cancel any trial subscription immediately if we become aware that the user has already had a trial subscription on a different account or using a different email address, or for any other reason or no reason. Any attempts to register for a further free trial on the same account or using the same email address may result in you being charged for the applicable Subscription Fees. If you begin your Subscription with a free trial, we will begin billing your payment method for Subscription Fees at the end of the free trial period of your Subscription unless you cancel your Subscription before the end of the free trial period.  

11. Subscription Cancellation.  

(a) Except where required to cancel through your direct debit provider, you may cancel your Subscription at any time by navigating to the settings page within your Account and following the prompts to “unsubscribe” from your Subscription. However, in order to avoid being billed for the upcoming billing cycle of your Subscription, you must cancel the Subscription at least twenty-four (24) hours before the end of the current billing period.  

(b) In some instances, you may be required to cancel your Subscription through your direct debit provider. You must do so in accordance with the terms and conditions required by such direct debit provider.  

(c) If you wish to cancel your Subscription but your Subscription began prior to April of 2023, you must cancel the Subscription at least fourteen (14) days before the end of the current billing period by contacting Your Reformer at hello@yourreformer.com.au.  

(d) A confirmation email will be sent to you to confirm your Subscription cancellation. 

(e) Upon cancellation, you will still be entitled to access the Subscription on the App for the remainder of the duration that you have paid for.  

(f) Upon cancellation, you will no longer be permitted to have access to or the benefit of the Subscription from the end of your paid subscription period.  

(g) Subscription Fees are non-refundable and there are no credits for partially used periods.  

12. User Contributions.  

(a) The App may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) photos, video or other content or materials (collectively, “User Contributions”) on or through the App. All User Contributions must comply with the content standards set out in these App Terms. 

(b) Any User Contribution you post to the App will be considered non-confidential and non-proprietary. By providing any User Contribution on the App, and providing us any suggestions or improvements pursuant to Section 4 and any Feeback pursuant to Section 5 (collectively, “Other Materials”): (i) you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any material in your User Contributions and Other Materials; (ii) you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, an unconditional and irrevocable waiver (to the extent permitted by law) of all and any moral rights you have in respect of your User Contributions and Other Materials, to which you may be or may become entitled to as author of the same; and (iii) you agree not to enforce any and all moral rights that you may have, presently or in the future, in your User Contributions and Other Materials; and (iv) you warrant that we may exercise any and all rights granted to us in respect of your User Contributions and Other Materials without attribution of authorship or without identifying you or any other person as the individual responsible for creating any particular material, and we may modify, alter, adapt, distort or otherwise change any such material. 

(c) User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not: (i) Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (ii) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (iv) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these App Terms and our Privacy Policy; (v) Be likely to deceive any person; (vi) Promote any illegal activity, or advocate, promote, or assist any unlawful act; (vii) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; (viii) Impersonate any person or misrepresent your identity or affiliation with any person or organization; (ix) Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or (x) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case. 

(d) We do not undertake to review material before it is posted on the App and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

(e) You represent and warrant that: (i) You own or control all rights in and to your User Contributions and Other Materials and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; (ii) All of your User Contributions and Other Materials do and will comply with these App Terms, and is accurate and complete; (iii) You understand and acknowledge that you are responsible for any User Contributions and Other Materials you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness; and (iv) We are not responsible or liable to any third party for the content or accuracy of any User Contributions and Other Materials posted by you or any other user of the App. 

(f) We have the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion. We further may take any action with respect to any User Contribution and Other Materials that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the App Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the App or the public, or could create liability for us. 

(g) We may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. 

(h) Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or App. YOU WAIVE AND HOLD US HARMLESS AND OUIR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. 

13. Precautions. When participating in Content provided in the App you must ensure that you always take all appropriate precautions, including that you must: (a) Check that you have sufficient space to practice; (b) Check there are no trip/slip hazards; (c) Check there are no objects you may fall on or come in contact with; (d) Check there are no sharp objects or hot surfaces nearby; (e) Ensure you have sufficient lighting; (f) 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; (g) Ensure the room has sufficient ventilation; (h) Ensure you have water to keep hydrated; (i) Seek medical advice before training; and (j) Ensure all household members are aware of the training and avoid entering the space. You must use 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 we have no liability. When interacting with other users or Content you should exercise caution to protect your personal safety and property. We make no representations related to you or other users or interactions between you and other users or third parties. You agree that we are not liable for any loss, damage, destruction, injury or death arising from such interactions with other users or third parties. 

14. Updates. We may from time to time in our sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either: (a) the App will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of these App Terms as in force at the applicable time. 

15. Website Services. The App may provide you with access to our website located at yourreformer.com (the “Website”) and products and services accessible thereon, and certain features, functionality, and content, including the Content and the Interactive Services, accessible on or through the App may be hosted on the Website (collectively, “Website Services”). Your access to and use of such Website Services are governed by our Website terms of service (“Terms of Service”) and our privacy policy (“Privacy Policy”) located at Privacy Policy, which are incorporated herein by this reference. Your access to and use of such Website Services may require you to acknowledge your acceptance of such Terms of Service and acknowledgement of the Privacy Policy, and your failure to do so may restrict you from accessing or using certain of the App’s features and functionality. Any violation of such Terms of Service will also be deemed a violation of these App Terms. 

16. Third-Party Materials. The App may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that we are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. 

17. Term and Termination.  

(a) Term. The term of these App Terms commences when you download the App and will continue in effect until terminated by you or us as set forth in these App Terms.  

(b) Termination.  

(i) You may terminate your use of the App at any time by terminating your Account and deleting the App from your Device in accordance with the cancellation process set out in these App Terms. Termination of your Account is your sole right and remedy with respect to any dispute with us regarding the App, your Subscription, the Content, or these App Terms except as expressly set out in these App Terms.  

(ii) We may suspend or terminate your access to the App at any time, for any reason. If we suspect that you have violated any provision of these Terms, we may also seek any other available legal remedy.  

(iii) Your rights under these App Terms will terminate automatically if you fail to comply with any of these App Terms.  

(c) Effect of Termination. Upon termination: (i) all rights granted to you under these App Terms will also terminate; and (ii) you must cease all use of the App and delete all copies of the App from your Device. You remain solely liable for all obligations related to use of the App, even after you have stopped using the App. Neither we nor any our licensors, suppliers, or publishers are liable to you or to any third party for any loss caused by any termination of the App or termination of your access to the App. Termination will not limit any of our rights or remedies at law or in equity. 

18. No Support. Unless otherwise agreed by us in writing, we are not obligated to provide any support for the App. 

19. App Availability. You acknowledge access to the App and its Content may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of our control. We assume no liability if the App or any part thereof is unavailable at any time or for any period. Access to and availability of the App and its Content may be suspended temporarily at any time and without notice and without refund except as provided under Section 23 and Section 24. You acknowledge and agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the App for any reconstruction of any lost data. The transmission of information via the App is not completely secure, and although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the App. You acknowledge and agree that any transmission of your information via the App is at your own risk. You acknowledge and agree that we shall not have any liability or be responsible in any way for: (a) your use of the internet to connect to the App or any technical problems, system failures or security breaches; (b) the hardware that you use to access the App (including in respect of viruses and malicious software, and any inappropriate material) and the integrity and proper storage of any of your data associated with the App that is stored on your own hardware; or (c) any fees you may incur in order to connect to the internet for the purpose of using or accessing the App. 

20. Advisory Disclaimer. The APP AND THE Content found in and on the App is provided for informational purposes only. The APP AND Content ARE not intended to be a substitute for professional fitness or medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health or fitness provider with any questions you may have regarding a fitness regimen or medical condition. Do not disregard professional advice because of something you have read on the App. Any opinion, advice, statement, service, offer, or other information that constitutes part of the content expressed or made available through the App are those of the respective authors or producers and not of us or our directors, officers, employees, agents, representatives, partners, or affiliates. Under no circumstances will we or our directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on THE APP, THE CONTENT OR any information obtained through the App. THE USE OF THE APP AND CONTENT AND OTHER INFORMATION PROVIDED THROUGH THE APP IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE, AND IS NOT INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE APP TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. 

21. Physical Exercise and Medical Disclaimers. To take part in the Content found on the App as part of your Subscription, you must be in good physical health. You must not use the App if you have been told not to engage in physical activity or sport on health or medical grounds. 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 an 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 Content on the App. We are not a medical organization and our 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 Content. 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 Content 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 Content we make available. You agree that by participating in the Content, 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 us, or any person or entity involved with us, including its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.  

22. PreNatal and PostNatal Content. Without limiting the disclaimers elsewhere in the App Terms, these disclaimers also apply when you participate in the Prenatal Workouts or PostNatal Content offered by us on the App. If you do not agree to these disclaimers, you must not participate in the Prenatal Workouts or PostNatal Content. You acknowledge and agree that you are participating in the Prenatal Workouts or Post-Pregnancy Workouts entirely at your own risk, and acknowledge that if you make any modifications to the Prenatal Workouts or PostNatal Workouts while participating in the Prenatal Workouts or PostNatal Workouts or otherwise, or if you undertake, while pregnant, any workout in the App, you also do so entirely at your own risk. You understand that, in participating in the PostNatal Content, there is (amongst other potential health risks), a risk of organ prolapse, back pain, bladder leakage, poor C-section scar healing, and the rate of reduction of diastasis recti (abdomen separation post birth). You acknowledge that these matters can all be affected by the pace, frequency and nature of exercise that you engage in before, during and post pregnancy and that you need to use caution and seek professional health advice if you are at all unsure about your health or fitness to continue, or health concerns arise after, you have undertaken any exercise as part of the PreNatal or PostNatal Content. You represent you have obtained and relied on the medical clearance of your doctor, physician, obstetrician or other medical professional in determining to participate (and once commenced, to continue participating in) the PreNatal or PostNatal Content. We are not aware of and cannot determine your individual suitability for the PreNatal or PostNatal Content and make no representations related to the suitability of any Content, including without limitation PreNatal or PostNatal Content for you or any individual. To the maximum extent permitted by applicable laws, you release and will indemnify us and hold us harmless from and against all claims, demands, lawsuits, actions, proceedings, investigations, liabilities, damages, losses, costs or expenses including reasonable attorneys' fees, in any way arising out of, in relation to or in connection with, directly or indirectly, from the Prenatal or PostNatal Content, or your use of or participation in the Prenatal or PostNatal Content. You represent any information provided by you to us in connection with the PreNatal or PostNatal Content, including the fact that you have received medical clearance to participate in the PreNatal or PostNatal Content, is true, and you further acknowledge that we have relied on this representation in order to make available to you the PreNatal or PostNatal Content.  

23. Disclaimer of Warranties. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE APP AND ALL CONTENT IS PROVIDED TO USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS EXPRESSLY SET OUT IN THESE APP TERMS, WE, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND OUR AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE PROVIDED UNDER UNITED STATES STATE OR FEDERAL LAW, UNDER THE AUSTRALIAN CONSUMER LAW, OR OTHER LAW, WITH RESPECT TO THE APP, WEBSITE SERVICES, ALL CONTENT AND OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE AVAILABLE, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SUBJECT TO THE FOLLOWING PARAGRAPH, YOU HEREBY WAIVE ALL RIGHTS, IF ANY, YOU MAY HAVE UNDER UNITED STATES FEDERAL AND STATE, UNDER THE AUSTRALIAN CONSUMER LAW TO THE MAXIMUM EXTENT PERMITTED UNDER THAT LAW, AND OTHER CONSUMER LAWS. SUBJECT TO THE FOLLOWING PARAGRAPH AND SECTION 24, YOUR LIMITED REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE REMEDIES, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. WE RESERVE THE RIGHT TO MODIFY OR REMOVE THE APP AND CONTENT IN WHOLE OR IN PART, IN OUR SOLE DISCRETION. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THE AUSTRALIAN CONSUMER LAW IMPLIES WARRANTIES OR STATUTORY RIGHTS THAT CANNOT BE EXCLUDED: OUR SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. FOR MAJOR FAILURES WITH THE SERVICE, YOU ARE ENTITLED: TO CANCEL YOUR SERVICE CONTRACT WITH US; AND TO A REFUND FOR THE UNUSED PORTION, OR TO COMPENSATION FOR ITS REDUCED VALUE. YOU ARE ALSO ENTITLED TO BE COMPENSATED FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. IF THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE YOU ARE ENTITLED TO HAVE PROBLEMS WITH THE SERVICE RECTIFIED IN A REASONABLE TIME AND, IF THIS IS NOT DONE, TO CANCEL YOUR CONTRACT AND OBTAIN A REFUND FOR THE UNUSED PORTION OF THE CONTRACT. 

24. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR THE WEBSITE SERVICES OR CONTENT OR OTHERWISE WITH RESPECT TO THE APP TERMS OR ANY: 

(a) PERSONAL INJURY OR PROPERTY DAMAGE, EXCEPT TO THE EXTENT THAT WE DIRECTLY CAUSED THE INJURY OR DAMAGE BY OUR GROSS NEGLIGENCE; OR 

(b) LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR 

(c) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.  

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN THE EVENT YOU ARE LOCATED IN AUSTRALIA, THE FOREGOING LIMITATIONS ARE EXPRESSLY SUBJECT TO YOUR STATUTORY RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW AND, SUBJECT TO THE REMEDIES SET OUT IN SECTION 23, OUR MAXIMUM AGGREGATE 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. 

25. Indemnification. You agree to indemnify, defend, and hold harmless us and our officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the App, the Content, Website or Website Services, or your breach of these App Terms, including but not limited to the User Contributions you submit or make available through this App, or your violation of any law or the rights of a third party. 

26. Geographic Restrictions. The Website Services and the App are provided for access and use by persons located in the United States, Australia, New Zealand, Canada, Japan, Singapore and the United Kingdom, to the extent such access and use is permitted by and conducted in accordance with applicable law. You acknowledge that you may not be able to access all or some of the Website Services or the App and that access thereto may not be legal for certain persons or in certain countries. If you access the Website Services or the App, you are responsible for compliance with local laws, and you represent that you and your use thereof will remain in compliance therewith. 

27. Export Regulation. The App may be subject to export control laws. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the App available in violation of export controls. You represent that you are not listed on any government debarred or other restricted party list. 

28. US Government Rights. The App is a commercial product, consisting of commercial computer software and commercial computer software documentation, as such terms are defined in 48 C.F.R. § 2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the App as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors. 

29. Severability. If any provision of these App Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these App Terms and will not affect the validity or enforceability of the remaining provisions of these App Terms. If any provision of these App Terms is invalid, illegal, void, or unenforceable the provision shall be amended to achieve as closely as possible the effect of the original terms and all other provisions of these App Terms will continue in full force and effect.  

30. Governing Law and Jurisdiction. If a matter or dispute arises out of or relating to these App Terms, the Website Services, and the App, the parties shall first use reasonable endeavours to resolve the matter or dispute by agreement within 60 days of notification of the dispute by a party. If the parties cannot resolve the dispute within this period, then the matter or dispute be shall be resolved by arbitration in accordance with the principles and rules of the International Centre for Dispute Resolution ("ICDR"), by one arbitrator in accordance with such Rules. A judgment upon the award rendered by the arbitrator can be entered in any court having jurisdiction thereof. In the event you reside in the United States, the arbitration proceedings shall be held in English in the City of Columbus and County of Franklin, USA. In the event you reside in Australia, the arbitration proceedings shall be held in English in Melbourne in the State of Victoria. In the event you reside in any country other than the United States or Australia, the arbitration proceedings shall be held in English in the City of Columbus and County of Franklin, USA although we retain the right to bring any suit, action, or proceeding against you for breach of these App Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. The recognition and enforcement of any arbitration award shall be governed by the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958. Notwithstanding the foregoing, either party may elect to bring suit in a state or federal court in the City of Columbus and County of Franklin, USA or the State of Victoria, and both parties hereby submit to the jurisdiction of such courts and waive any and all objections to the exercise of jurisdiction over such party by such courts and to venue in such courts. The parties hereto have specifically requested that this Agreement be drawn up in the English language only. Les parties aux présentes ont specifiquement requis que la présente Convention soit rédigée seulement en langue anglaise. The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980, is expressly excluded. 

31. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE APP TERMS OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

32. Electronic Communication. We use email communications and push notifications to keep you engaged with class alerts and notify you about your Account information and information concerning or relating to the App (“Notifications”). By using the App, you consent to receiving electronic Notifications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically through a Notification will satisfy any legal communication requirements, including that such communications be in writing. Should you no longer wish to receive these Notifications, except with respect to transactional Notifications, you may “opt-out” at any time by logging into your Account and clicking “Update Your Preferences” or selecting “Unsubscribe” on email communications. Alternatively, you may email your request to us at hello@yourreformer.com. We will use reasonable efforts to honor any opt-out or unsubscribe request within ten (10) business days, after which time you will not transmit, or cause to be transmitted, any further commercial Notifications. You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your use of the App, including without limitation any SMS / text messaging fees, data charges, and other fees. 

33. Assignment. These App Terms, and any rights or licenses granted under these App Terms, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment attempted in violation of these App Terms is void. 

34. Entire Agreement. These App Terms, including the Community Guidelines and User Content Moderation Policy annexed to these App Terms, and the Website Terms of Service will be deemed the final and integrated agreement between you and us on the matters contained in these App Terms. Notwithstanding anything to the contrary, the parties expressly agree that no browse-wrap, click-wrap or other terms and conditions provided with any other documents or materials provided or otherwise made available by you will constitute a part or of amendment to these App Terms or are or will be binding us.  

35. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these App Terms and any applicable purchase or other terms, the terms of these App Terms shall govern.  

36. Copyrights. If you are a copyright owner and believe that any of the content on the App or the User Contributions infringes your copyright, please contact us by email at hello@yourreformer.com .  

We respect the intellectual property rights of others and expect users of the App and Website Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: 

• a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; 
• identification of the copyrighted work claimed to have been infringed; 
• identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; 
• your contact information, including your address, telephone number, and an email address; 
• a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 
• a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. 

We reserve the right to remove any User Contribution alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer.  

If you are located in the United States of America, under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the App is: 

DMCA-1060694  

Your Reformer 

[ATTN:] Marketing Department 

[Address] 106 Watt Road Mornington, 3931  Australia  

[Email] copyright@yourreformer.com 

37. Contacting Us. For questions, comments, complaints, or claims related to the App, please contact us at: 

Your Reformer 

[ATTN:] Marketing Department 

[Address] 106 Watt Road Mornington, 3931  Australia  

[Email] hello@yourreformer.com   

ANNEXURE A 

YOUR REFORMER COMMUNITY GUIDELINES  AND USER CONTENT MODERATION POLICY 

1. Introduction 

(a) BB & NE Co Pty Ltd (Your Reformer, we, us or our) operates the Your Reformer – At Home Application (App) through which you may access our App, and our Website, Website Services, the Content and the Interactive Services, (collectively the Service). 

(b) Please read this Community Guidelines and User Content Moderation Policy (Guidelines and Policy) carefully to understand our policies and practices regarding acceptable User Contributions and behaviour in the App and Service by you, the User, and any other user or third party who is also a subscriber to the App (Member). This Guidelines and Policy describes:  

(i) Your Reformer’s community guidelines for engaging with Your Reformer, our instructors, and other Members across the App and Service through any activity available for you and other Members in the App or the Service, including submitting User Contributions; and  

(ii) Your Reformer’s method for enforcing this Guidelines and Policy. This Guidelines and Policy applies to anyone using the Your Reformer Service. This Guidelines and Policy may change from time to time, so please check this Guidelines and Policy periodically for updates. Capitalized terms not defined herein have the meaning given to them in the Your Reformer – At Home Application Terms of Use (App Terms), which is incorporated into this Guidelines and Policy by this reference. 

2. Our Mission 

(a) Your Reformer uses technology and design to connect the world through fitness, empowering people to be the best version of themselves anywhere, anytime. 

(b) We are committed to creating a safe, supportive and uplifting community for Your Reformer and you and our other Members to connect with each other and share their fitness journeys. 

3. Guidelines and Policy 

(a) As part of the Your Reformer community, you are expected to follow the Guidelines and Policy set forth below and help us maintain a respectful environment across the Your Reformer Service. Failure to follow these Guidelines and Policy may result in the loss of certain privileges on the Your Reformer Service or at Your Reformer -sponsored events, and/or may result in suspension or termination of your Your Reformer account. 

4. Hate, Offensive, and Obscene Speech 

(a) Healthy debates are allowed on the Your Reformer Service, but we ask that you be courteous, kind, and respectful at all times when interacting with others on the Your Reformer Service. 

(b) Hateful, offensive, or obscene speech is strictly forbidden on the Your Reformer Service. This includes any leader board names, locations, profile pictures, tags or any other User Contribution that promotes, relates to, or condones lack of respect, discrimination, or violence of any kind against individuals or groups based on age, ethnicity/culture, race, nationality, immigration status, disability status, physical ability, gender or gender identity/expression, sexual orientation, religion, veteran status, body shape, socio-economic status, or political affiliation. 

(c) Obscene speech includes vulgarity and sexually explicit images and/or phrases. 

(d) Offensive speech also includes speech that misleads or interferes with civic processes and/or otherwise devalues civic integrity. 

5. Bullying, Harassment, and Other Offensive Behavior 

(a) Bullying, harassment, and any kind of offensive behavior is not allowed on the Your Reformer Service. 

(b) Your Reformer considers behavior to be bullying, harassing, or offensive if it is behaviour that intends to negatively interfere with another Member’s experience on the Your Reformer Service. 

(c)Your Reformer will also not tolerate abusive behaviour from you, prospective customers or other Members toward Your Reformer personnel, such as insistent customer service requests that you or a Member has been told is impracticable, excessive contact intended to intimidate or harass, and/or other inappropriate communication. 

6. Promotions, Solicitations or Spam 

(a) The Your Reformer Service may only be used for your own personal, non-commercial purposes. The offer for the sale of products, content, and/or services on the Your Reformer Service is strictly prohibited. 

(b) Other than with respect to sales or fundraisers posted directly by Your Reformer. Your Reformer does not sponsor or endorse any charitable or other fundraising efforts, and participation in any such efforts is at your and each Member's discretion and risk. 

7. Member Privacy 

(a) Sharing and accessing User Contributions on the Your Reformer Service requires mutual trust. Authentic, expressive discussions make interacting in these platforms great, but may also be sensitive and private. User Contributions shared in the Your Reformer Service should not be shared outside of the Your Reformer Service. 

(b) Your Privacy: When interacting with other Members, you should exercise caution and common sense to protect your privacy, just as you would when interacting with other people you don’t know. 

(c) You have control over what you share on the Your Reformer Service, how you allow others to interact with your User profile on the Your Reformer Service (such as allowing other Members to follow your activity, the display of the run/walk route map on iOS devices, etc) and you can always choose the settings that suit your preferences by updating your privacy settings. 

(d) Your correspondence or dealings with any other Member or third party in or through the Your Reformer Service, and any decision to move your correspondence outside of the Your Reformer Service, is solely between you and such other Member or third party. Your Reformer is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings. 

8. Intellectual Property & Right of Publicity 

(a) The name Your Reformer and “YR” logo are registered trademarks of Your Reformer. Photos, videos and other images posted by Your Reformer on the Your Reformer Service are copyrighted assets of Your Reformer or its third-party licensors. These marks and assets cannot be used by anyone except for Your Reformer. Please review our Intellectual Property Policy located in the Intellectual Property tab of our Terms and Conditions page for more information on our intellectual property rules and guidelines. 

(b) You may not post any User Contribution that uses, impersonates or exploits the name, image, likeness, biographical information or any other identifying characteristics of any individuals, groups, or organizations, whether associated with Your Reformer or not, in a manner that is misleading or confusing as to the identity or origin of such User Contributions. 

9. User Content Moderation and Enforcement of this Guidelines and Policy 

(a) If Your Reformer in its sole discretion determines that any User Contribution violates this Guidelines and Policy, we will remove or modify the User Contributions, with or without notice to you or the relevant Member. 

(b) If Your Reformer in its sole discretion determines that your or another Member’s behavior violates this Guidelines and Policy, Your Reformer may provide notice to you or the other Member and may take any other technological measure available to stop the behavior. 

(c) If Your Reformer in its sole discretion determines that you or another Member repeatedly or egregiously violates this Guidelines and Policy, Your Reformer may limit or remove your or such Member’s access to parts of the Your Reformer Service, and in some cases, Your Reformer may temporarily suspend or permanently terminate your or the other Member’s Your Reformer account, with or without further notice. 

10. Contact Us 

(a) Report a Violation: If you believe any User Contributions or Member behaviour is in violation of this Guidelines and Policy and wish to report it to Your Reformer, you may voluntarily submit the violation by email to hello@yourreformer.com.au 

(b) Appeal a Violation: If you believe that Your Reformer deemed your behaviour or User Contributions on the Your Reformer Service a violation of this Guidelines and Policy in error, you may voluntarily submit an appeal by email to hello@yourreformer.com.au 

(c) Please do not expect a personal response from Your Reformer after making the applicable form submission described above. Your Reformer in its sole discretion will determine whether a violation has occurred and whether a violation is upheld or reversed. 

Dated: September 16, 2024 

Your Reformer Community Guidelines and User Content Moderation Policy

1. Introduction

• BB & NE Co Pty Ltd (Your Reformer, we, us or our) operates the Your Reformer – At Home Application (App) through which you may access our App, and our Website, Website Services, the Content and the Interactive Services, (collectively the Service).
• Please read this Community Guidelines and User Content Moderation Policy (Guidelines and Policy) carefully to understand our policies and practices regarding acceptable User Contributions and behavior in the App and Service by you, the User, and any other user or third party who is also a subscriber to the App (Member). This Guidelines and Policy describes:
• Your Reformer’s community guidelines for engaging with Your Reformer, our instructors, and other Members across the App and Service through any activity available for you and other Members in the App or the Service, including submitting User Contributions; and
• Your Reformer’s method for enforcing this Guidelines and Policy. This Guidelines and Policy applies to anyone using the Your Reformer Service. This Guidelines and Policy may change from time to time, so please check this Guidelines and Policy periodically for updates. Capitalized terms not defined herein have the meaning given to them in the Your Reformer – At Home Application Terms of Use (App Terms), which is incorporated into this Guidelines and Policy by this reference.

2. Our Mission

• Your Reformer uses technology and design to connect the world through fitness, empowering people to be the best version of themselves anywhere, anytime.
• We are committed to creating a safe, supportive and uplifting community for Your Reformer and you and our other Members to connect with each other and share their fitness journeys.

3. Guidelines and Policy

• As part of the Your Reformer community, you are expected to follow the Guidelines and Policy set forth below and help us maintain a respectful environment across the Your Reformer Service. Failure to follow these Guidelines and Policy may result in the loss of certain privileges on the Your Reformer Service or at Your Reformer -sponsored events, and/or may result in suspension or termination of your Your Reformer account.

4. Hate, Offensive, and Obscene Speech

• Healthy debates are allowed on the Your Reformer Service, but we ask that you be courteous, kind, and respectful at all times when interacting with others on the Your Reformer Service.
• Hateful, offensive, or obscene speech is strictly forbidden on the Your Reformer Service. This includes any leader board names, locations, profile pictures, tags or any other User Contribution that promotes, relates to, or condones lack of respect, discrimination, or violence of any kind against individuals or groups based on age, ethnicity/culture, race, nationality, immigration status, disability status, physical ability, gender or gender identity/expression, sexual orientation, religion, veteran status, body shape, socio-economic status, or political affiliation.
• Obscene speech includes vulgarity and sexually explicit images and/or phrases.
• Offensive speech also includes speech that misleads or interferes with civic processes and/or otherwise devalues civic integrity.

5. Bullying, Harassment, and Other Offensive Behavior

• Bullying, harassment, and any kind of offensive behavior is not allowed on the Your Reformer Service.
• Your Reformer considers behavior to be bullying, harassing, or offensive if it is behavior that intends to negatively interfere with another Member’s experience on the Your Reformer Service.
• Your Reformer will also not tolerate abusive behavior from you, prospective customers or other Members toward Your Reformer personnel, such as insistent customer service requests that you or a Member has been told is impracticable, excessive contact intended to intimidate or harass, and/or other inappropriate communication.

6. Promotions, Solicitations or Spam

• The Your Reformer Service may only be used for your own personal, non-commercial purposes. The offer for the sale of products, content, and/or services on the Your Reformer Service is strictly prohibited.
• Other than with respect to sales or fundraisers posted directly by Your Reformer. Your Reformer does not sponsor or endorse any charitable or other fundraising efforts, and participation in any such efforts is at your and each Member's discretion and risk.

7. Member Privacy

• Sharing and accessing User Contributions on the Your Reformer Service requires mutual trust. Authentic, expressive discussions make interacting in these platforms great, but may also be sensitive and private. User Contributions shared in the Your Reformer Service should not be shared outside of the Your Reformer Service.
• Your Privacy: When interacting with other Members, you should exercise caution and common sense to protect your privacy, just as you would when interacting with other people you don’t know.
• You have control over what you share on the Your Reformer Service, how you allow others to interact with your User profile on the Your Reformer Service (such as allowing other Members to follow your activity, the display of the run/walk route map on iOS devices, etc) and you can always choose the settings that suit your preferences by updating your privacy settings.
• Your correspondence or dealings with any other Member or third party in or through the Your Reformer Service, and any decision to move your correspondence outside of the Your Reformer Service, is solely between you and such other Member or third party. Your Reformer is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings.

8. Intellectual Property & Right of Publicity

• The name Your Reformer and “YR” logo are registered trademarks of Your Reformer. Photos, videos and other images posted by Your Reformer on the Your Reformer Service are copyrighted assets of Your Reformer or its third-party licensors. These marks and assets cannot be used by anyone except for Your Reformer. Please review our Intellectual Property Policy located in the Terms of service for more information on our intellectual property rules and guidelines.
• You may not post any User Contribution that uses, impersonates or exploits the name, image, likeness, biographical information or any other identifying characteristics of any individuals, groups, or organizations, whether associated with Your Reformer or not, in a manner that is misleading or confusing as to the identity or origin of such User Contributions.

9. User Content Moderation and Enforcement of this Guidelines and Policy

• If Your Reformer in its sole discretion determines that any User Contribution violates this Guidelines and Policy, we will remove or modify the User Contributions, with or without notice to you or the relevant Member.
• If Your Reformer in its sole discretion determines that your or another Member’s behavior violates this Guidelines and Policy, Your Reformer may provide notice to you or the other Member and may take any other technological measure available to stop the behavior.
• If Your Reformer in its sole discretion determines that you or another Member repeatedly or egregiously violates this Guidelines and Policy, Your Reformer may limit or remove your or such Member’s access to parts of the Your Reformer Service, and in some cases, Your Reformer may temporarily suspend or permanently terminate your or the other Member’s Your Reformer account, with or without further notice.

10. Contact Us

 Report a Violation: If you believe any User Contributions or Member behavior is in violation of this Guidelines and Policy and wish to report it to Your Reformer, you may voluntarily submit the violation by email to hello@yourreformer.com

Appeal a Violation: If you believe that Your Reformer deemed your behavior or User Contributions on the Your Reformer Service a violation of this Guidelines and Policy in error, you may voluntarily submit an appeal by email to hello@yourreformer.com

Please do not expect a personal response from Your Reformer after making the applicable form submission described above. Your Reformer in its sole discretion will determine whether a violation has occurred and whether a violation is upheld or reversed.

Dated: September 16, 2024

Win a Reformer Competition Your Reformer Sweepstakes 2024
Official Rules
 
NO PURCHASE NECESSARY.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.  

Competition Terms and Conditions

Your Reformer Competition Terms and Conditions (Terms and Conditions) 

Promoter 

This competition (Win an original reformer of your choice) is conducted and sponsored by U Be Fit Pty Ltd (ACN 129 190 450 and NZBN 9429050977192) trading as Your Reformer in Australia (Your Reformer).

Eligibility 

The Competition is open to all legal Australian and New Zealand residents, residing in Australia or New Zealand who are eighteen (18) years of age or older at the time of entry. Employees of Your Reformer in Australia or New Zealand, and their relatives, are ineligible to enter the Competition. 

Entry requirements 

To enter the Competition, an entrant must submit their details to the competition sign up form.

Entrants are limited to one entry per eligible person. No multiple entries. 

Entry period 

Entry is open from September 6 9am AEDT on and closes at October 31 11.59pm AEDT. Only entries received during this time will be eligible to win the Competition.  

Winner selection 

The Winner will be selected at random via a randomised generator by Your Reformer at 9am AEDT on November 1 at the Your Reformer Head Office at 106 Watt Road, Mornington VIC 3931. The name of the Winner will be announced on the @yourreformer Instagram account via Instagram story and Instagram post on November 1. The Winner will also be directly messaged via the Instagram account which the Winner used to submit their entry on.  

The Winner must claim the prize within 7 days of being notified by Your Reformer. To claim the prize, the Winner must reply to the direct message stating where they would like the prize to be delivered to and with all information reasonably requested by Your Reformer in order to deliver the prize to the Winner. The delivery location must be in Australia or New Zealand.  

If the Winner does not claim the prize in accordance with these Terms and Conditions, the Winner automatically forfeits any right to claim a prize. If this occurs, a replacement winner will be determined by Your Reformer by selecting another entrant from the randomised generator. The Replacement Winner will be notified, and must claim the prize, in the same manner as prescribed in these Terms and Conditions for the Winner.  

The prize The prize is: 

• a Your Reformer Original Bed and 
• a $500 Adairs voucher

The prize is as stated and no cash or other alternatives will be offered subject to these terms. The prize is not transferable. The prize, or any part thereof, can be substituted if agreed by Your Reformer and the Winner and if conducted in accordance with the Winner's state or territory's regulations. The prize, or any part thereof, may also be substituted without consent if the prize, or that part thereof, becomes unavailable for reasons beyond Your Reformer's control and if reasonable attempts to negotiate with the Winner were made and were unsuccessful. Any substituted prize must be similar to, and of equal or greater value to, the prize specified in these Terms and Conditions. No bonus prizes will be awarded.  

The Your Reformer Bed will be delivered to the Winner free of charge.  

Adairs is an independent entity that operates separately from Your Reformer. Your Reformer takes no responsibility for any issues that arise related in any way to the Adairs prize.

Any dispute arising concerning the conduct of the Competition or claiming a prize will be resolved as determined and notified by Your Reformer acting in good faith. 

Intellectual property 

As a condition of entry, entrants: 

• consent to Your Reformer dealing with the content of their entry in any way that may otherwise infringe the entrant's present and future moral rights; 
• agree to waive and not to assert their moral rights (wherever such rights are recognised) in respect of their entry against Your Reformer or its assignees, licensees or successors; 
• grant Your Reformer a perpetual, non-exclusive, worldwide, irrevocable licence to use the content of their entry in any way Your Reformer wishes including by modifying, adapting, copying, cropping, retouching, editing the content of the entry and/or publishing, broadcasting or communicating the content of the entry whether in original or modified form (and whether in whole or in part) in any type of media for the purposes of Your Reformer's business on its website, social media accounts or in any promotional or marketing campaign, without payment to the entrant of royalties or any other form of compensation;  
• consent to Your Reformer using their biographical details, Instagram username and likeness in connection the use of their entry; and 
• agree to sign and complete any further documentation required by Your Reformer to give effect to these Terms and Conditions on Your Reformer's request. 

Terms & Conditions 

The Competition is governed by these Terms and Conditions. By participating in the Competition, each entrant accepts and agrees to abide by these Terms and Conditions, including all eligibility requirements and understands that the results of the Competition, as determined by Your Reformer with reference to these Terms and Conditions, are final in all respects. Any questions, comments or complaints regarding the Competition should be directed to Your Reformer (hello@yourreformer.com.au). 

This Competition is in no way sponsored, endorsed or administered by, or associated with, Meta, Facebook, Twitter, Instagram or any other Social Network. Entrants are providing their information to Your Reformer and not to any other party. The information provided will be used in conjunction with these Terms and Conditions and the Your Reformer Privacy Policy and as outlined in these Terms and Conditions. By entering in this Competition, entrants fully release and hold Meta harmless from liability. 

Your Reformer shall have the right, at its sole discretion and at any time, subject to applicable laws and regulations, to change or modify these Terms and Conditions, such change shall be effective immediately upon posting to this webpage and shall be binding on entrants who enter the Competition after the date and time that these Terms and Conditions are changed or modified.  

Your Reformer also reserves the right to cancel the Competition if circumstances arise outside of its control. 

Privacy Policy 

All details, including personal information, submitted in an entry or upon claiming the prize, will be held in accordance with Australia and New Zealand data protection legislation and the Your Reformer Australian Privacy Policy which can be accessed by visiting https://yourreformer.com.au/policies/privacy-policy.

By entering the Competition, entrants provide consent and agree that Your Reformer may use your name and email address for marketing purposes including sending entrants future communications. 
2. Sponsor:  YR US Management, LLC, trading as Your Reformer (“Sponsor”).

3. Timing:  The Sweepstakes begins on September 16 at 1:30 AM Eastern Time (“ET”) and ends on November 28 at 11:59 PM ET (the “Promotion Period”).  Sponsor’s computer is the official time-keeping device for the Sweepstakes.

4. How to Enter:  To enter, complete the registration form available at [SoCal - https://fb.me/2eR51EJIBOOfTdJ USA Wide - https://fb.me/250wNnUIYxE6XhV] online (“Online Entry”) during the Promotion Period where you must submit personal information which may include, but is not limited to, your name, address (PO Boxes not permitted), phone number, and email address. Normal Internet access, usage and/or mobile charges imposed by entrants’ online or mobile service provider may apply. Upon Online Entry submission, you agree to be subscribed to receive marketing messages from Sponsor to which you can unsubscribe at any time. Limit:  One (1) entry per person.  Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different addresses, identities or registrations, or any other methods will void that entrant’s entries and that entrant may be disqualified.  Use of any automated, robotic, repetitive, programmed or similar entry methods or agents to participate is prohibited and will result in disqualification.  Facsimile and mechanically reproduced entries will not be accepted.  Sponsor is not responsible for lost, late, incomplete, illegible, invalid, unintelligible or misdirected Entries, which will be disqualified.  In the event of a dispute as to any participation, the authorized account holder of the phone number used to enter will be deemed to be the entrant.  The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.  The potential winner may be required to show proof that he/she is the authorized account holder.  All entries submitted become the sole property of Sponsor and will not be acknowledged or returned.  Entries will not be judged but must adhere to the entry guidelines indicated herein, as determined by Sponsor in its sole discretion.

5. Random Drawings:  Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes.  Sponsor will select the potential Sweepstakes winners in a random drawing from all eligible entries received during the Promotion Period, on or around [November 28 2024].  The potential winner(s) will be notified by mail, email or phone on or about the first business day following the random drawing in which they were selected.  Each potential winner will be required to sign and return to Sponsor, within 48 hours of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release (a written “Affidavit”) in order to claim his/her prize.  If a potential winner cannot be contacted, or fails to sign (when required) and return the Affidavit within the required time period, or the prize is returned as undeliverable, potential winner is disqualified and forfeits prize.  Potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements.  In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.  Only three (3) alternate random drawings will be held after which the prize will remain un-awarded.

6. Prize:  ONE (1) GRAND PRIZE:  The Grand Prize shall consist of one (1) Original Reformer Bed OR (1) Original Folding Reformer Bed, three (3) months free access to Sponsor’s OnDemand app and an Essentials Pack, consisting of one (1) of each: jumpboard, box, pilates ring, pilates ball, and dumbbells to be selected by Sponsor in its sole discretion.  Prizes subject to availability.  The Grand Prize winner is solely responsible for all other expenses not specifically set forth herein, including but not limited to surcharges, service charges, shipping and handling, taxes, and other incidentals and items of a personal nature.  Prizes consist of only the items specifically listed as part of the prize.  Prizes details not specified herein shall be determined solely by Sponsor. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. Resale of prize(s) is prohibited. Sponsor is not responsible for lost, stolen or mutilated prizes, in which event the prize is forfeited in its entirety, Sponsor will have no obligation to award compensation in lieu thereof and no substitution will be provided except as in Sponsor’s sole discretion.  Approximate Retail Value (“ARV”) of each Prize: $3200.97 total ($2750 Reformer, $62.97 app, and $388 essentials pack). Actual value may vary. No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason.  Sponsor is not responsible for and winner will not receive any difference between the actual value and ARV of a prize.  In the event that an insufficient number of eligible entries are received to award all available prizes, Sponsor is not obligated to award remaining prizes and no additional random drawings will take place. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. In the event of prize unavailability, if the Sweepstakes becomes impossible or commercially unreasonable to administrate, or any other reason in Sponsor’s sole discretion, Sponsor reserves the right to cancel, postpone, or modify (in whole or in part) the Sweepstakes.  Winner(s) are responsible for all taxes and fees associated with prize award, receipt and/or use.  Failure to pick-up or use prize does not relieve winner of his/her tax obligations associated with acceptance of a prize.  Sweepstakes winnings will be reported to the Internal Revenue Service and winner can expect to receive a 1099 tax form for prizes which total more than $600.00 for the year. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period. Limit one (1) prize per entrant.

7. Release:  In exchange for the right to participate in the Sweepstakes, each entrant agree to release and hold harmless Sponsor and its parent companies, subsidiaries, affiliates, divisions, advertising/promotion agencies, and prize suppliers, and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in or in connection with the Sweepstakes or receipt or use or misuse of any prize.  Released Parties are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause.  All entrants understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state, territory, or country that may be applicable with respect to the foregoing release are hereby expressly and forever waived.  All participating entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”  The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

8. Publicity and Marketing:  Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of each winner’s name, likeness, photograph, voice, quotes, statements, opinions, biographical information and/or hometown and state for promotional purposes in any media now known or hereinafter invented, worldwide, without further payment or consideration. By entering the Sweepstakes, each entrant consents and agrees that Sponsor may use your personal information, including name, telephone, and email address for marketing purposes including sending you future communications relating to products, services and promotions of Sponsor and affiliates of Sponsor.

9. General Conditions:  Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules, any other promotion or applicable law, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

10. Limitations of Liability:  The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software whether originating with entrant, Sponsor, or any third party; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (e) late, lost, undeliverable, misdirected, illegible, damaged, incomplete, incorrect, stolen, or postage due entries/mail; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize.  If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, unless it is not possible to award another entry due to the date of discontinuance for any or all of the prizes offered herein. In the event of a discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance, and in no event will more than the stated number of prizes be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

11. Disputes:  THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF TEXAS, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES.  As a condition of participating in this Sweepstakes and/or accepting an awarded prize, each entrant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Sweepstakes shall be resolved individually, without resort to any form of class action, exclusively before a court located in Houston, Texas, having jurisdiction.  Further, in any such dispute, under no circumstances will entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than entrant’s actual out-of-pocket expenses (i.e., evidenced costs associated with entering this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased.

12. Entrant's Personal Information:  Information collected from entrants is subject to Sponsor’s privacy policy, available at https://yourreformer.com/policies/privacy-policy (“Privacy Policy”).  By entering this Sweepstakes, each entrant confirms that he/she has read, agrees to and accepts Sponsor’s Privacy Policy.

13.  Winner List:  For the name of the prize winner, send an email to: hello@yourreformer.com with the subject “Your Reformer Sweepstakes 2024 WINNER LIST REQUEST” by no later than [November 28 2024].

Your Reformer Intellectual Property Policy

This Your Reformer Intellectual Property (this “Policy”) sets forth additional requirements, guidelines, rights and licenses with regard to Your Reformer’s intellectual property and the intellectual property of others. This Policy also applies to Your Reformer licensees, developers, Members, customers and other parties wishing to use our intellectual property. This Policy forms part of the Terms of Service and any capitalized terms used, but not defined here, have the meanings assigned to such terms in the Terms of Service.

1. Your Reformer Intellectual Property

Your Reformer respects the intellectual property rights of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third party’s copyrights, trademarks, or other intellectual property rights. While we appreciate your enthusiasm for the Your Reformer brand, the Your Reformer Service, our instructors and community, we ask that you respect our intellectual property rights and adhere to this Policy and the Terms of Service, including Section 18 (Intellectual Property Acknowledgement).

As between you and Your Reformer, Your Reformer owns the Your Reformer Service, the Content, Trademarks when applied (as defined below), copyrights, patents, and any other audio-visual or static content, photographs, audio, images, illustrations, graphics, software, features, code, data, materials and information displayed on or otherwise made available through the Your Reformer Service, other than content that has been licensed to us by third parties (collectively, “Your Reformer IP”). This includes all intellectual property and proprietary rights in and to such Your Reformer IP. As a reminder, the Your Reformer Service is only for your personal, non-commercial use.

The Your Reformer name, logos and affiliated properties, designs, trademarks, service marks, trade names and trade dress (collectively, “Trademarks”) are the exclusive property of U Be Fit Pty Ltd. and/or its affiliates, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Nothing contained on the Your Reformer Service or in this Policy should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our Trademarks or other intellectual property without our express prior written consent.

Any other trademarks appearing on the Your Reformer Service are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content that they make available through the Your Reformer Service. All rights not expressly granted in this Policy or the Terms of Service are reserved.

2. Authorized Use of Your Reformer Intellectual Property

1. Your Reformer Content and Trademarks. Only Your Reformer and its authorized licensees may use the Content and/or Trademarks in advertising, promotional, and marketing assets or materials or for any other commercial purpose.

2. Any permitted use must at all times be made in accordance with the agreement between licensee and Your Reformer and must adhere to the following requirements:

• The Content and/or Trademarks are not modified or combined with other marks in any way, including, but not limited to changing the colour, ratio, audio, audio-visual, font or materials captured or contained therein.
Include attributions as required by Your Reformer.

• Such use presents Your Reformer, the Content, and our products, services and brand in a favourable light.

• The Trademarks or Your Reformer name are not part of the service or product name or domain names or websites, nor are any variations, abbreviations or formative uses (such as “Pelo”), phonetic equivalent, or foreign language translations.

• The “Your Reformer” word mark appears less prominently than the name of your service or product.

• Any reference to Your Reformer and/or the Content or our services and products must not appear to endorse, sponsor, show an affiliation with or association between Your Reformer and/or the Content or our services and products and you or your products and services.

• Any unauthorized use of our Trademarks or Content is strictly prohibited.

1. Compatibility. Licensees may use the “Your Reformer” word mark solely for referential purposes on packaging or materials to state that their service or product may be used with the Your Reformer Service or our products; provided that they comply with the requirements of Section 2(a) above and the following requirements:

• Compatibility is not dependent upon your access to the Your Reformer Service or our API and does not violate the Terms of Service.

• The service or product may in fact be used with or is compatible with the Your Reformer Service or our products.

• Use of Your Reformer’s “P” logo without our express permission is strictly prohibited.

1. Merchandise/Goods. You may not produce, manufacture or sell merchandise, products or services incorporating any Your Reformer Trademarks. Examples include but are not limited to t-shirts, jackets, mugs, bags, and flags.

2. Depictions of Your Reformer Products and/or Services. Your Reformer logos, company names, product names, or images of Your Reformer products (e.g., silhouettes of the Studio Bed and Studio+ Bed) must not be used in marketing, promotional or advertising materials as such use may create the perception that Your Reformer endorses, sponsors or is affiliated or associated with the product, service or promotion. Your Reformer does not support the imitation of distinctive Your Reformer products, web design, logos, packaging or typefaces.

3. Rules for Referencing Your Reformer Products and Services. Please remember that any use of the Trademarks should be used as an adjective not as a noun or gerund.

3. Your Reformer Intellectual Property Restrictions and Reservations

Except as expressly permitted by Your Reformer, you may not download, display, copy, distribute, modify, perform, transfer, use, license, sublicense, create derivative works from, sell or otherwise exploit any Your Reformer IP. Additionally, you are not permitted to alter, delete or conceal in any manner any copyright, Trademark, or other notices contained on the Your Reformer Service, including, without limitation, notices on any Content you transmit, display, print, stream, or interact with on the Your Reformer Service. Any unauthorized or prohibited use of any Your Reformer IP may violate or infringe copyrights or other intellectual property laws of the United States and other countries, as well as applicable local and state laws, and may subject you to liability for such unauthorized use.

Your Reformer retains all right, title and interest in and to the Your Reformer IP, and except for the limited rights and licenses granted to you under this Policy or the Terms of Service, nothing shall be construed to restrict, impair, encumber, license, alter, deprive or adversely affect the Peloton IP, or any of Your Reformer’s rights or interests therein.

4. Third Party Intellectual Property Infringement

If you believe that the Your Reformer Service or any Content (including User Content) infringes or misappropriates your intellectual property rights or the intellectual property rights of others (other than copyrights), please submit written notice to us at hello@yourreformer.nz

5. Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice to our copyright agent (contact information below) containing the following information:

1. Your name, address, telephone number, and email address.

2. A description of the copyrighted work that you claim has been infringed.

3. A description of where on the Your Reformer Site the material that you claim is infringing may be found, sufficient for Your Reformer to locate the material (e.g., the URL).

4. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.

5. A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

6. Your electronic or physical signature.

1. You may submit this information, or any counter-notice, via:
• Email, with the subject line “Copyright Notices” to: hello@yourreformer.nz

Black Friday T&Cs

*Terms and conditions: Black Friday offer only valid for Reformer orders made during the sale period beginning 5PM AEDT 6th November 2024. Free shipping across New Zealand: Curbside delivery in Metro Auckland. Delivery to your closest depot in all other areas.

Free Prop Starter Kit (valued at $69) and Jumpboard and Box (valued at $349) included in Reformer purchase. Active Tote gift with purchase (valued at $194.95) is available in both Chocolate and Beige. Colour of gift with purchase will be selected at random, and will be shipped separately to your Reformer and other items. We cannot accept returns or offer exchanges. Only available while stocks last. Sale ends 11:59PM AEDT 5th December 2024.