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Terms of Service – Online

TERMS AND CONDITIONS

pilatesFIT Boutique welcomes you to a space where you can express yourself and maintain your fitness through fun and effective Pilates based sessions. We believe that everyone should have access to these sessions, everywhere.

1.  Thank you for thinking about being a member, creating an account with us, ordering our goods or engaging our services. To ensure you fully understand the terms of sale please read these terms and conditions carefully. If you do not agree with any of the terms and conditions, please do not sign up to our classes or provide us with your personal information.

2.  Definitions

2.1.  In this agreement:

‘application’ shall mean the pilatesFIT Boutique digital technology application available to customers seeking to book Pilates sessions with us or wanting further information about us;
‘due date’ shall mean the date which payment for goods or services is due;
‘goods’ shall mean all goods provided by us to you and shall include, without limitation, all fitness equipment, wellbeing products, food products, session equipment, visual and audio products, and any other goods that we may supply or provide, or any fee or charge associated with the supply or provision of goods by us to you;
‘GST’ shall have the same meaning used in Goods and Services Tax Act 1995;
‘packaged deal’ shall mean a specific number of services, classes, or goods packed into a package for a specified price with limitations expressed at the time of booking or purchase;
‘premises’ shall mean 1/3 Boundary Road, Hobsonville Point, Auckland 0616 or any other premises as instructed by us from time to time;
‘price’ shall mean the cost of the goods or services as agreed between us and you subject to clause 5 of these terms and conditions;
‘privacy policy’ means our privacy policy posted on the site;
‘services’ shall mean all services provided by us to you and shall include, without limitation, all packaged deal, consultation services, Pilates sessions and/or classes, training, and any other Pilates and wellbeing related services, or any fee or charge associated with the supply of services by us to you.
‘site’ shall mean the website at https://www.pilatesfitboutique.co.nz;
‘site content’ shall collectively mean all information and content available on the site and the application, including but not limited to logos, text, buttons, icons, graphics, data compilation, images and audio clips;
‘terms and conditions’ shall mean the terms and conditions set out in this document;
‘we’, ‘us’ and ‘our’ shall mean pilatesFIT Boutique Limited (company number 5857288) and its directors, agents and employees; and
‘you’ shall mean the customer, its agents and employees or any person acting on behalf of and with the authority of you, or any person purchasing goods or services from us.

3.  Medical reminder

3.1.   We believe it is crucial to bring to your attention that we are not medical practitioners, or injury rehabilitation specialists. You should always:

(a)  consult with your general doctor or any other healthcare specialist on your wellbeing and condition prior to undertaking any of our classes or sessions (whether face to face or online);
(b)  seek medical attention immediately if there are any pain or discomfort; and
(c)  inform our instructors or session leaders of any pregnancy, pre-existing injuries or medical conditions that may limit your enjoyment of our classes.

3.2. While we are mindful to ensure our sessions and classes are relaxing and eventful, anything can happen, so we insist that you follow our sessions at your own pace.

4.  Acceptance

4.1.  To take part in our classes and engage our services, you must create an account with us on our site or our application.

4.2.  By creating an account with us, registering with us, placing any order for goods or booking of our services, you accept and agree to be bound by these terms and conditions without limitation or qualification (including our privacy policy).

4.3.  We may revise these terms and conditions from time to time by posting notice on the site, the application, or by giving notice to you. We therefore strongly advise you to carefully read these terms and conditions whenever you make an order for goods or services or submit any information to us.

4.4.  Any form of registration with us, instructions, or order received by us from you for the supply of goods and services shall constitute acceptance of these terms and conditions.

4.5.  The terms set out in these terms and conditions override any terms set out in any email or letter sent by us to you if there is any inconsistency between them.

4.6.  We have absolute discretion as to whether your order is accepted and fulfilled and we may cancel an order or any part of an order for any reason, including unavailability of goods or services. Where an order is cancelled, we will use reasonable endeavours to notify you of the cancellation and we will provide a refund to you. We shall not be liable to you if we are unable or decline to supply goods or services for any reason.

5.  Price and sessions / classes

5.1.  The current prices (including GST) and timetable of our session / class, or service are as shown on our site and application. You confirm your booking of the desired session / class or service by:

(a)  making the payment; and
(b)  choosing the session / class you intend to attend (note that each session / class / service will have limited spaces).

5.2.  Subject to our cancellation policy in clause 7.1, you may shift, or cancel then re-book a session / class to another date that suits you better provided there are slots and sessions available.

5.3.  You acknowledge and agree that we reserve the right at our sole discretion to shift, postpone, delay, or our sessions / classes (including any that forms part of a packaged deal) to another date or to an entirely online based session / class without a refund. We will notify you in such an event.

5.4.  We reserve the right to update our prices from time to time without prior notice and these updated prices will be shown on our site or application. In the event of a conflict between the price on our site and the price on our application, the higher of the prices of the same goods or services shall prevail. The updated prices will not affect bookings already paid for in full.

5.5.  Each type of class, session or packaged deal, will have its own set of prices and these prices are based on the availability and levels of commitment required. Each of these will also be subject to specific terms and conditions specifying applicable periods of usability, number of classes it includes, and expiry period. These shall be displayed on the site and/or application. You agree to be bound by those additional terms.

5.6.  All purchased goods and services cannot be transferred (including but not limited to gifting, sharing, or trading) to another party as each person’s health conditions differ from one to the other.

5.7.  The sale of packaged deal is final. We do not offer a refund, transfers, suspensions or extensions on packaged deal for any reason as the packaged deal are based on its commercial viability as a package. We reserve the right to suspend or terminate your use of any packaged deals if we suspect any criminal activity, fraud, or misuse of our systems (site, booking system, or application).

6.  Payment

6.1.  In respect of our services, we will require full upfront payment from you at the time of booking. We may withhold services until full payment has been paid.

6.2.  In respect of our goods, we will require payment in full at the time of ordering and prior to supplying you with the goods.

6.3.  If you use a credit card to pay an invoice, we may charge you credit card fees in addition to the invoiced price.

6.4.  Interest may be charged on any amount outstanding after the due date on any amount which is more than seven (7) days overdue at the rate of 2% of the outstanding amount per month.

6.5.  Should you fail to pay your invoices by the due date then you shall pay our costs and expenses (including legal costs on a solicitor – client basis) which may be incurred in the recovery or attempted recovery of overdue amounts from you.

6.6.  We may withhold the provision of any goods or services to you until the outstanding amount is paid.

7.  Cancellation policy and termination of account

7.1.  You may cancel a booking by notifying us through our site, application or by calling us if you give us at least 24 hours’ notice. Cancellations made with less than 24 hours’ notice will incur the full cost of the booking and not be entitled to a refund. If the cancellation is for a packaged deal or part of a packaged deal, the specific terms of the packaged deal will override the cancellation policy in this clause to the extent of any inconsistency.

7.2.  We reserve the right to suspend or terminate your account with immediate effect and without any refund to you, if you are in breach of these terms and conditions, if any amounts owed to us by you are outstanding, or if you have, in our sole discretion, brought disrepute to our goods, services, or pilatesFIT Boutique in general.

8.  Housekeeping matters

8.1.  We do not permit any recording of videos or taking of pictures at any time during our classes / sessions or at any time during the provision of our services.

8.2.  We reserve the right to refuse entry to, or expel from our classes or premises anyone who:

(a)  Refuses to abide by local or government requirements (such as lockdown rules);
(b)  Refuses to employ common decency (such as wearing a mask);
(c)  Refuses to comply with clause 8.1 above;
(d)  Behaves in an anti-social manner (such as being disorderly, intoxicated, aggressive, offensive); or
(e)  Is a security risk to our instructors, other members or anyone else on the premises or in the class.

8.3.  We are not responsible for any of your personal belongings. Any temporary storage facility provided is for convenience only and you agree that you utilise such storage at your own risk.

9.  Gift cards

9.1.  We offer the purchase of gift cards on our site. Each gift card is limited to the current dollar value of the purchased gift card.

9.2.  All gift cards are not redeemable for cash, cannot be returned, resold or used for any unauthorised advertising, marketing, or other promotional purpose.

9.3.  All purchased gift cards are your responsibility once delivered to you and we shall not be held liable for any loss or theft.

9.4.  All gift cards are subject to a strict expiry date. Any unused balance on such gift cards after the expiry date are non-refundable.

10.  Limitation of Liability

10.1.  The Consumer Guarantees Act 1993 (CGA), the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon us which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on us, our liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the lesser of the minimum extent required by the relevant statute or 30% of the fees paid under the invoice for the goods and services.

10.2.  Except as otherwise provided by clause 10.1, we shall not be liable for any loss or damage of any kind whatsoever, arising from the supply of goods and services to you, including consequential loss whether suffered or incurred by you or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from the services provided by us to you.

10.3.  The guarantees contained in the CGA are excluded where we provide goods or services for the purposes of a business in terms of sections 2 and 43 of the CGA.

10.4.  We will not be liable to you for any loss or damage arising out of or in connection with any delay or failure to perform the terms of the contract of supply where such delay or failure is caused directly or indirectly from causes beyond our control (including any failure by any of our suppliers to supply on time).

11.  Warranties

11.1.  No representation, condition, warranty or premise expressed or implied by law or otherwise applies to goods or services except where goods are supplied or the services provided pursuant to the CGA.

12.  Indemnity

12.1.  You indemnify us and our officers, directors, instructors, program producers, agents, advisers and employees against any actions, proceedings, losses, damages, liabilities, claims, costs and expenses including fines, penalties, legal and other professional costs on a full indemnity basis, that we or any of our officers, directors, instructors, program producers, agents, advisers or employees incurs or suffers as a direct or indirect result of the provision of goods and services by us to you or any breach of these terms and conditions by you.

13.  Privacy

13.1.  Please read our privacy policy so that you understand how we collect, use and store information about you.

13.2.  You agree that we may disclose information we hold about you to credit reporting and/or debt collection agencies, as necessary to recover any amount you owe us. You also agree that we may obtain information about your credit history from appropriate agencies.

14.  Intellectual Property

14.1.  The site/application content is our property and protected by law, including laws governing copyright and other intellectual property rights.

14.2. You agree that all intellectual property rights in the services provided by us to you or in any materials or goods provided by us to you are owned by us and you will not infringe the intellectual property rights. You may not use, transfer or copy any of the site/application content for public or commercial use without our permission

14.3.  You must not at any time during the classes or sessions or during the provision of our services infringe on our intellectual property rights by recording or taking pictures for your personal use or distribution. This includes any of our classes, sessions or services conducted online. We reserve our right to employ the full weight of the law if you are found to be in breach of this.

15.  Health and Safety

15.1.  You are responsible for your own health and safety at all times when engaging our services. We draw your attention to our medical reminders in clause 3 above. You agree and acknowledge that you will be participating in various movements and physical activities as is common to the Pilates regime which implies a risk of personal injury. By continuing in your participation of our services, you agree that you have evaluated your personal circumstances carefully and is participating completely at your own risk.

15.2.  You shall comply with all of our health and safety policies when on our premises and while taking part in any classes.

16.  Force Majeure

16.1.  We reserve the right to cancel any of our sessions / classes, services in a force majeure event. For the purposes of this policy, a force majeure event includes but is not limited to any war, civil disorder, financial, monetary or economic development, act of Government, epidemics, pandemics or other factors beyond our or our suppliers’ reasonable control.

16.2.  In the event of a force majeure and where it is possible to do so, we reserve the right to change the method in which the classes / session is held or method in which the services are provided, including but not limited to changing the event to an online only event. In the event of such change, your purchase continues to be valid and no refund is due or owed to you.

17.  Accuracy of Information

17.1.  We will make reasonable endeavours to provide accurate information regarding the goods and services, prices, images and colours on the site and in the application. However, to the maximum extent permitted by applicable laws, we do not warrant that the price, descriptions, text, colours, contents or other images on the website and in the application are comprehensive, error-free or completely accurate.

17.2.  We reserve the right to make changes to any part of the site, the application, prices, or goods or services available on the site or the application at any time with or without prior notice.

17.3.  We make no warranty whatsoever as to the availability of the site and the application. We will have no liability to you if the site and/or the application is down for any reason, including, without limitation, an outage caused by routine maintenance, upstream provider outage or a malicious virus

18.  General

18.1.  All prices on the site and in the application are in New Zealand dollars and include GST. All transactions will be billed to you in New Zealand dollars.

18.2.  All notices sent to you pursuant to these terms and conditions will be sent by email to the email address provided by you at the time of order or registration.

18.3.  These terms and conditions shall be binding on the legal representatives, assignees and successors of both parties.

18.4.  If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

18.5.  No failure or delay on the part of either party in exercising any power or right under these terms and conditions will operate as a waiver, nor will any single or partial exercise of such right or power preclude any other or future exercise of the same, or any other right or power contained in these terms and conditions.

18.6.  The Terms of Use and Terms of Sale are governed by the laws of New Zealand, and you irrevocably submit to the exclusive jurisdiction of the courts of New Zealand.

19.  Power to Revise

19.1.  We may revise and amend these terms and conditions from time to time by posting notice on the site or by giving notice to you by email. We therefore strongly advise you to carefully read these terms and conditions whenever you purchase goods or services from us.