Terms & Conditions
WEBSITE TERMS & CONDITIONS OF SALE
1. Alyna Nicol Rost T/A Revolve Pilates ABN 18 520 121 976 (hereinafter referred to as “Revolve Pilates”) is a retailer, and provider, of various health, fitness and associated goods and services, including;
(a) A video subscription service of Pilates classes and fitness workouts (the “Membership Program”); and
(b) Private fitness and Pilates sessions (“Private Sessions”); and
(c) Pilates, health and fitness equipment (the “Goods”).
For the purpose of these terms and conditions, (a) and (b) above, are collectively referred to as the “Services”.
3. In the context of the Website, and these terms and conditions, “we”, “our” and “us” means Revolve Pilates and “you” and “your” means you, the user of the Website, or the customer of Revolve Pilates.
4. The use of the term “product” includes the plural “products and may include Goods or Services purchased from us, or offered for sale, by us
5. Except if otherwise required by law, the following terms and conditions, in addition to our;
(a) Privacy Statement and Policy,
(b) Our Returns and Refunds Policy;
govern your use of the Website and/or the purchase of Goods and Services from us. They describe the rights and responsibilities of both you and Revolve Pilates. If you use the Website, or purchase of Goods and Services, you agree to be bound by these terms and conditions and accept our;
(a) Privacy Statement and Policy;
(b) Our Returns and Refunds Policy;
6. These terms and conditions constitute a legally binding contract. If you do not agree to the terms and conditions, do not use the Website or purchase Goods and Services from us.
7. The information on this site is governed by Australian law. By using this Website you agree to be bound by, and submit to the law, jurisdiction and courts of New South Wales.
SAFETY & HEALTH ACKNOWLEDGMENTS BY YOU
8. You understand, and acknowledge, that physical exercise can be a strenuous activity and there is a risk of serious injury to you.
9. By purchasing Goods and Services, from us, you warrant and acknowledge that you;
(a) have obtained appropriate medical advice, from a doctor or licensed medical practitioner, as to your own personal safety and health, for the purposes of utilizing any of our Goods and Services; and
(b) are voluntarily participating in the classes available on the Website, at your own risk, and that you will follow all safety instructions given to you by the instructors on the Website. You will acknowledge that we will conduct no investigations, and make no enquires, as to your physical ability, or current health and fitness.
(c) are physically fit and able to perform the exercises, that you are not currently pregnant, and currently have no pre-existing conditions or injuries. If you are pregnant, or any have pre-existing conditions or injuries, DO NOT purchase Goods and Services from us; and
(d) have assessed your own physical and mental condition. You acknowledge that it is your responsibility to ensure that you will not exceed your own physical or mental limits.
RELEASE, WAIVER AND INDEMNITY
10. The acknowledgements, and the health warnings, contained above, constitutes a “risk warning” for the purposes of Section 5M of the Civil Liability Act 2002 (NSW).
11. Notwithstanding the significant risks of physical harm, and injury, inherent in the Services that we may provide to you, some of which are noted above, you agree to participate, in the provision of Services, at your own risk.
12. By purchasing Services from us, you agree to release and hold harmless Revolve Pilates, its servants, employees and agents from and against any liability arising out of the injury, loss, damage or death caused to you, or to your property or any other person arising from or in connection with the Services provided, whether such injury, loss, damage or death was caused directly or indirectly by negligence, breach of contract or in any way whatsoever, other than where the injury, loss, damage or death was caused solely by the negligence of the Revolve Pilates, its servants, employees or agents.
13. By purchasing Services from us, you further agree to indemnify and hold harmless Revolve Pilates, its servants, employees and agents from all claims, damages, losses, injuries and expenses arising out of or resulting from your participation in the Services. This indemnification extends to all claims made by any other person against the Revolve Pilates, its servants, employees or agents in respect of any injury, loss or damage arising out of or in connection with your participation in the Services, other than where the injury, loss or damage or death was caused solely by the negligence of the Revolve Pilates, its servants, employees or agents.
14. By agreeing to these terms and conditions you acknowledge, agree and understand that, to the full extent permitted by law (including by section 5N of the Civil Liability Act 2002 (NSW) and section 139A of the Competition and Consumer Act 2010 (Cth)), that your rights to sue Revolve Pilates, its servants, employees and agents, on the basis that the recreational activities or associated Services, provided by Revolve Pilates were not provided to you in accordance with any express or implied warranty or guarantee, or that the Services not provided with reasonable care and skill, are excluded, restricted or modified.
15. The use of the Website, and the provision of Services by us, is on an "as-is" basis and is entirely at your risk.
16. We shall not be responsible for any detriment incurred by reliance you place on this Website or its contents.
PROGRAM MEMBERSHIPS TERMS
17. The Pilates video Membership Programs are only available for purchase, via the Website, for durations of
(a) 1 month or
(b) 3 months
The monthly access fee, is dependent upon the duration of the Membership Program. Accordingly, a 3 month membership has a lower monthly access fee than a 1 month membership.
By subscribing or purchasing a monthly Membership Program, you agree to make a monthly payment, at the commencement of each monthly billing cycle (the subscription anniversary) for the duration of the membership period. Automatic payment(s) will be taken for each subsequent month, for the duration of the membership period.
18. Once you have reached the end of your membership period (either 1 or 3 months), your membership will automatically be renewed on a month to month basis.
19. By purchasing a 3 month Membership Program, you acknowledge that you will be liable for the full 3 months of membership fees paid in advance, irrespective of whether you either;
(a) utilize or watch any videos, or classes, provided on the Website; and
(b) terminate your membership, within the initial 3 month period.
20. The purchasing of Services, from us, requires a current credit card, and other valid accepted method of payment.
21. If your payment method fails, or expires, your membership will automatically be cancelled after seven (7) days after your original payment due date.
22. Payments for Services, are non-refundable and there are no refunds or credits for partially used periods.
PAUSING MEMBERSHIP PROGRAMS
23. You can pause your Membership Program after you have completed your initial membership period (1 or 3 months) and are on a monthly plan. The maximum period you can pause your membership is two (2) months at which time your monthly plan and payment will automatically restart.
24. You can cancel your Membership Program at any time. If you have purchased a 3 month Membership Program, and you cancel the Membership Program prior to the expiry of the 3 month term, you agree to pay for the unpaid balance of any initial term. For example: if you purchase a 3 month membership, and you cancel your membership in the second month, you will still need to pay for the remaining 1 month if there is a remaining unpaid balance amount.
25. If you wish to cancel your Membership Program, before the end of the initial membership term, because you have changed your mind about your purchase, given the nature of the Services, we will not provide a refund.
CHANGES TO TERMS
26. Because of frequent changes in internet technology and applicable law we reserve the right to make changes to these terms and conditions at any time.
CHANGES TO PRODUCTS AND CONTENT
27. Revolve Pilates may make changes to Goods or Services offered for sale, via the Website, and to other content of the Website, at any time without notice to you.
28. We make every effort to ensure that descriptions on our Website are accurate. However, some inaccuracies, such as typographical errors or misinterpretations, may occur.
29. We reserve the right to correct such inaccuracies or typographical errors as they are identified. Should a typographical error, or inaccuracies, be made by us, in respect of Goods offered for sale via the Website or Membership Programs, we reserve the right to cancel any orders made by you, utilizing such inaccurate pricing, or typographical errors.
30. All depictions contained on the Website, or in any catalogue, are for illustration purposes only.
31. The price displayed for Goods or Services, on the Website, or in any catalogue, represents the full price, including GST (Goods and Services Tax), but does not include postage/delivery charges which will depend on the destination.
32. We reserve the right to change prices displayed for Goods and Services, on our Website, at any time.
33. All of our prices are in Australian dollars ($AUD)
34. You must be at least eighteen (18) years of age to purchase Goods from us, or subscribe to a Membership Program. We do not knowingly accept orders from anyone under 18.
35. By placing an order with us you acknowledge that you are over eighteen (18) years of age.
36. Should we suffer any loss or damage as a result of a transaction entered into by a person under the age of 18, we reserve the right to seek compensation for such loss or damage from the parents or guardians of the person who placed the order(s) with us.
INTERNET COMMUNICATIONS & USE OF WEBSITE
37. By using the Website, you consent to receiving communications electronically via email. We will communicate with you by email, or by posting notices, on the Website at our discretion.
38. The nature of internet communications means that communications may be susceptible to data corruption, interception and delay, which we are not responsible for.
39. When you visit our Website may automatically send you a "cookie".
40. A cookie is a piece of text from a web server to your computer, sent over the internet, and is used to identify you. This information does not ordinarily personally identify you, but it may tell us that the computer which you are using has visited our Website and what areas of the Website you have browsed.
41. You may decline cookies by adjusting the setting of your browser, however, this may affect the functionality and accessibility of the Website. For more information on cookies see our Privacy Statement and Policy
42. Material contained on the Website may be protected by copyright. You may use the Website for personal and non-commercial purposes. You must not use, copy, distribute, transmit, store or publish any material on this Website, without obtaining our prior written consent.
43. Registered trademarks and logos must not be used or modified in any way without obtaining the prior written consent from us, or from the owner of the trademark or logo.
44. The Website, and the products, technology and processes contained in the Website, may be the subject of other intellectual property rights owned by third parties. You agree, that no licence is granted to you, in respect of those intellectual property rights, other than as set out in these terms and conditions.
ONLINE PURCHASING ACCOUNT
45. To purchase from us you must establish an account with Revolve Pilates. This account may be established through Website, via email, or by contacting our office.
46. We retain sole discretion in relation to;
(a) A refusal to allow an account to be established; or
(b) to terminate accounts; or
(c) to remove, edit or delete account details.
47. In placing orders with us, for the purchase of Goods or Services, you agree to provide an accurate email address, delivery address(s), billing address(s) and telephone number and to keep these details up to date. Incorrect information provided may lead to a delay in delivering of the Goods and Services, ordered by you or non-delivery of the Goods, and may incur additional freight and handling costs.
48. You are responsible for the confidentiality of your account password. Your password and account details are stored on a secure server.
49. You may not have more than one active account, and your account is non-transferable.
50. These terms and conditions, together with your order constitute the entire contract between you and us for the supply of Goods and Services. No other terms will apply except where terms may be implied by law. The contract cannot be varied unless we agree to vary it in writing or by email.
51. When you place an order with us you have made an offer to purchase Goods or Services for the sale price, plus any applicable delivery or shipping charges, for the Goods that you have chosen.
52. You can place an order, via the Website, by clicking the "Add to Cart" button.
53. When we issue an order confirmation we have accepted your offer. Both the offer and acceptance are based on these terms and conditions.
54. We will issue you with an order number after we have received your offer to purchase.
55. We will notify you when we process your order by sending you an order confirmation The order confirmation may be sent via email. In order to prevent credit card or payment fraud your offer can only be accepted by us after it has passed our validation procedures.
56. We retain discretion to cancel orders if our processes identify any attempt at fraud or for any other legitimate reason.
57. If for any reason we cannot process or accept your order after payment is received, we will contact you by email or telephone to determine your requirements for the refund of money paid by you.
58. Where you place separate orders for the purchase of Goods, such orders may be delivered separately and a separate delivery charge will apply to each order.
59. You may cancel your order for Goods or Services, where;
(a) We have breached a material term of this agreement; and
(b) We are not able to deliver your order for Goods, within a reasonable time of the estimated delivery time, listed on our Website, for which you are not wholly or partly responsible (such as failure to provide correct delivery address or to pay for the products) and allowing for any other causes of delay which are beyond our control; or
(c) We are not able to deliver your order for Goods, for any reason, within (four) 4 calendar months.
60. If an order is canceled by you, per the preceding paragraph, we will contact you by email or telephone to determine your requirements for the refund of money paid by you.
61. In the course of delivery of your purchased Goods, we may experience delays which are beyond our control, including;
(a) Our suppliers being unable to supply goods that they have previously promised to supply; or
(b) Storm, fire, flood, earthquake, terrorism, power failure, war, strike, pandemic, failure of computer systems, meaning that we are unable to supply the purchased Goods within reasonable times; or
(c) Goods ordered being the subject of an error on the Website, for example, in relation to description, price or image, which was not discovered prior to the order being accepted; or
(d) International events, such as tariffs, embargos or trade disputes over which we have no control.
62. Delays, such as those detailed in the preceding paragraph, may extend the time taken by us to deliver your Goods, exceeding the delivery estimates we have provided. Should delays, beyond our control arise, we will endeavor to notify you and provide revised delivery dates, allowing for such delays.
63. We only accept payment through Credit Card (Visa, Mastercard, American Express), Debit Cards (Visa & Mastercard) or via PayPal or Stripe.
64. For the purposes of processing your payment, we may utilize the services of 3rd parties, such as;
(a) PayPal; and
We may share your details, including personal details such as your name, and/or credit card numbers with these payment platforms in order to process the transaction and receive payment. If you do not wish for us to share details with these, or other payment providers, do not place any orders with us via our Website.
65. Payment will not be processed until we have received all relevant information required for payment processing to be completed.
66. We process credit card payments when you checkout from the product order screen.
67. We will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorized manner.
68. Risk and title to Goods, purchased from us, passes to you on the date of time of delivery of the Goods to you.
69. Items purchased are shipped from our warehouse located in Norwest, New South Wales. Our delivery partners are Toll IPEC, Australia Post, DHL, UPS and other freight partners, who we may choose to engage for the purposes of delivering our product to you. If, for any reason, your order, or part thereof, cannot be shipped you will be notified.
70. Delivery time is generally between 5 and 30 business days depending on your location.
71. We ship worldwide. Shipping and handling rates are calculated based upon your location, the size/weight and the type of product of your order. Upon completion of your order, our shipping calculator will display and add the shipping charges to your total order cost.
72. If you are not available when our delivery partner attempts a delivery, a card may be left advising you that your order will be available for you to collect from our delivery partner, your local post office or that a re-delivery will be attempted. If no such arrangements can be made, we, or our delivery partner, will attempt to contact you to arrange an alternative delivery time. If orders have to be returned to us, for non-delivery, you agree to any further costs, incurred by us, in rescheduling delivery.
73. For international orders, any local destination importation charges such as customs fees, duties, brokerage or additional delivery fees, (or other related charges, including local taxes) will be your responsibility. We will not be responsible or liable for duties and taxes and other potential fees on these shipments.
74. For security reasons, we do not ship to post office boxes.
LIMITATION OF LIABILITY
75. By placing an order for Goods and Services, you accept and acknowledge that Revolve Pilates maximum aggregate liability for;
(a) any breach of the warranty,
(b) any breach, of any express obligation, under these terms and conditions,
will be to damages, in an amount no greater than the value of the Goods and Services purchased from us.
76. Revolve Pilates will be under no liability to you whatsoever (whether in contract, or (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) how-so-ever caused, arising out of, or in connection with any of the Goods and Services, or the manufacture or sale or supply, or failure or delay in supply, of the products by Revolve Pilates, or on the part of Revolve Pilates employees, agents or sub-contractors.
77. For Private Sessions we have a strict minimum 24-hour cancellation policy. If you do not cancel or change your appointment within 24 hours via email, or if you do not attend your session, you will be charged the full fee of the Private Session, via your nominated payment method.
78. We accept international orders through our Website.
80. Or otherwise available on our Website
81. Any applicable product warranty can be provided on request.
PRODUCT REFUNDS & RETURNS
82. A copy of our returns policy is available here
83. Or otherwise available on our Website.
OUR CONTACT DETAILS
Our contact details are below
Revolve Pilates ABN 18 520 121 976
Postal Address PO BOX 504, Round Corner, NSW 2158, Australia