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FIND & BOOK

Website & App Terms

WEBSITE AND APP TERMS

  1. Application 
    1. STRONG Pilates Franchising Pty Limited and its related companies (STRONG Pilates, we, us or our) operates a website at com.au (the Website) and STRONG Pilates app (the App) that enables customers to book classes and purchase products online.
    2. These terms of use (Terms) apply to your use of our Website or App, whether as a guest or as a registered user.  Use of our Website or App includes accessing, browsing, or registering to use our Website or App.
    3. These Terms are to be read in conjunction with:
      1. the Hapana terms of service (Hapana Terms of Service) which apply to your use of the booking platform used on the Website and App;
      2. the membership terms (Membership Terms) which apply to your purchase of any STRONG Pilates products or membership and your use of any STRONG Pilates services, including your booking and attendance at any STRONG Pilates class.
    4. By using our Website or App, you confirm that you accept these Terms and agree to comply with them.
  2. Your Account and Password
    1. If you are a registered user of our Website or App you are responsible for keeping your password secret and secure.
    2. You must not disclose your password or allow any other person to use your login information to access our Website or App.
  3. Feedback
    1. We may allow users of our services to provide feedback on our Website or App about their experiences with us and our products and services.
    2. Any feedback you provide must be accurate and must not contain offensive, defamatory or inappropriate language or content.  We may remove any such content at our sole discretion.
  4. Emails
    1. You agree that we may send you emails relating to your registration on our Website or App, bookings and transactions you undertake through our Website or App and for promoting our services.
  5. Third Party Websites and Hyperlinking
    1. Our Website or App may contain links to other websites or apps.  These links are provided for your information only and you acknowledge that we have no control over the content of those websites or apps.
    2. You may not link your website or app to our Website or App without our prior written consent.
  6. Intellectual Property
    1. We own or licence all intellectual property rights in the underlying systems and the content published on our Website and App, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and the trademarks, service marks and logos contained therein (except content uploaded directly by users of our Website or App).  Content on the Website and App is provided to you “as is” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of STRONG Pilates.
    2. You must not use, copy or distribute our intellectual property without our prior written consent.  You agree not to circumvent, disable or otherwise interfere with security-related features of our website, app or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the app or the content therein.
    3. “STRONG Pilates”, “STRONG”, “Rowformer”, “Down For More” and other graphics, logos, wordmarks, and designs are trademarks of STRONG Pilates in New Zealand, Australia and/or other countries for which applications are pending.  Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written consent.
    4. You grant us a perpetual, irrevocable, royalty free licence to use any content you upload to our website or app including for promotion of our services and to make available to other users of our website or app.
  7. Disclaimer
    1. We do not warrant that:
  8. Any information provided on our website or app is free from errors or reliable.
  9. Our website or app, or any content on the website or app, will always be available or be uninterrupted.  Access to our website and app is permitted on a temporary basis.  We may suspend, withdraw, discontinue or change all or any part of our website or app without notice.
  10. Our website or app will be secure or free from bugs or viruses.
  11. Liability 
    1. We will not be liable:
  12. if our website or app is unavailable at any time.
  13. for any corruption of data or information held by us.
  14. to the fullest extent permitted by law for any loss (including, without limitation, consequential loss, loss of profits or loss of data), damage, cost or expense of any kind suffered or incurred in connection with your use of our website or app.
  15. Consumer Laws
    1. Nothing in these Terms is intended to affect any rights you have under the Australian Consumer Law and the New Zealand Consumer Guarantees Act 1993.
  16. User’s Suspension of Registration
    1. You may suspend your account on our website or app at any time provided you have no current orders.  However, you acknowledge that we may retain your profile information for our records in accordance with our privacy policy.
  17. Termination of Registration
    1. We reserve the right in our sole discretion to decline to register you as a user of our website or app or terminate your registration or decline your access to the website or app.  Without limiting that right, we may terminate your registration or decline your access to the website or app if we receive any complaints about you, you breach our Terms or the Membership Terms or you create an account using false information.
  18. Miscellaneous
    1. You acknowledge that we may collect, use and disclose personal information about you in accordance with our privacy policy.
    2. We may vary these Terms from time to time.  We will provide notice of the change by uploading the updated Terms on our website and we may also email you a copy of the updated terms (if you have provided us with your email address).  After providing that notice you will be deemed to have accepted those updated Terms if you continue to use our website or the services provided by us.
    3. We will not be deemed to have waived any right under these Terms unless the waiver is in writing and signed by us.  A failure to exercise or delay in exercising any right by us under these Terms will not operate a waiver of that right.  Any such waiver will not constitute a waiver of any subsequent or continuing right or of any other provision in these Terms.
    4. If any provision in these Terms is held to be invalid, illegal or unenforceable, this will not affect any other provision in these Terms.
  19. Governing Law
    1. For users of our Website and App who are residents of New Zealand, the law of New Zealand applies to these Terms and the bookings and transactions contemplated by them.  The New Zealand courts have jurisdiction in respect of these Website and App Terms and the transactions contemplated by them.
    2. For users of our Website and App who are residents of Australia, the law of Victoria applies to these Membership Terms and the bookings and transactions contemplated by them.  The courts of Victoria and the Commonwealth of Australia have jurisdiction in respect of these Website and App Terms and the transactions contemplated by them.