Vilates Program Terms

This Agreement governs the provision of the Vilates Program and other goods and services by Vilates.

1. The agreement between you and us

  1. This Agreement consists of this document and the Vilates order form and is entered into between Vilates Pty Ltd (ACN 659 536 286) trading as Vilates of [PO BOX 298 Fairfield, VIC, 3078] (‘Vilates’, ‘us’, ‘we’ or ‘our’) and you.

  2. In this Agreement, “you” means the person specified as the “customer” on a Vilates order form. You must submit an order form when purchasing a Vilates Program membership or other goods or services from us.

  3. By submitting an order form, you agree to be bound by the terms and conditions in this document. 

2. Vilates program

  1. You will receive the following when you purchase a Vilates Program membership:

    • Access to content on the Vilates website for the period specified in your order.

  2. The Vilates Program has been developed by us based on research, exercise physiology principles, experience and anecdotal results. However, you acknowledge that:

    • We make no representations, and give no guarantees or warranties, about the effectiveness or likelihood of success of the Vilates Program in achieving any particular results;

    • We make no representations, and give no guarantees or warranties, about the correctness, accuracy or reliability of the materials, information, opinions or advice provided in or from our website or otherwise, and expressly disclaim all liability in connection with the foregoing to the maximum extent permitted by law;

    • Your participation in the Vilates Program (including the use of anything provided by us in connection with the Vilates Program) is at your own risk; and

    • We are not medical professionals and do not give medical advice.

  3. A detailed description of the Vilates Program can be found on our website at [www.vilates.com].

  4. During the Vilates Program, you will undertake physical activities as detailed in the tutorial videos. If any pain, discomfort or unusual symptoms occur, please immediately stop what you are doing and contact your doctor or medical professional.

3. Vilates program fee

  1. You must pay the Vilates Program Fee in order to obtain membership of the Vilates Program. The Vilates Program Fee is non-refundable. All fees quoted on our order form include GST.

  2. The Vilates Program Fee will be debited from your preferred payment method as nominated by you at the time of placing the order.

  3. Subject to your payment of the Vilates Program Fee and your compliance with this Agreement, you may access the content on our website which is commensurate with your Vilates Program membership benefits and access rights detailed in the order form.

  4. You are responsible for all costs of accessing and using our website, including all telecommunications access charges, network infrastructure, equipment and other software.

  5. We will use commercially reasonable efforts to ensure that our website remains available to access and use in accordance with this Agreement. However, you acknowledge that we give no guarantee that our website will be available at all times, or be error or interruption free. 

4. Use of our website

  1. Your Vilates Program membership is personal to you. You must not share your member or login details with anyone else or otherwise permit anyone else to access the Vilates Program content.

  2. You may only use the website for personal, non-commercial use. You must not download or make copies of any content on the Vilates website or communicate or broadcast any content on the Vilates website.

  3. You acknowledge that we own all Intellectual Property Rights in and to the Vilates website, the Vilates Program, including the trade mark “Vilates”, all content displayed on our website, and any other materials provided to you by us in connection with the Vilates Program or otherwise.

  4. You must not do anything that may infringe, encumber or otherwise prejudice our Intellectual Property Rights, our goodwill or our reputation, including that you must not:

    • Modify, adapt, translate, reverse engineer, de-compile, disassemble or copy any part of our website; or

    • Attempt to circumvent or break any encryption, decryption or other security device or technological protection measure incorporated in our website.

  5. We may terminate your Vilates Program membership at any time if you commit a serious or repeated breach of this Agreement.

5. Your personal information

  1. We will collect, use and handle your Personal Information in accordance with the Privacy Act and our Privacy Policy, available at [www.vilates.com/disclaimer/].

  2. As you navigate through our website, certain information may be passively collected (that is, gathered without you actively providing the information) through various technologies, such as cookies.

  3. Our website may use and combine such passively collected anonymous information to provide better services to our website visitors, customise our website and services based on your preferences, compile and analyse statistics and trends and otherwise administer and improve our websites and services for your use. Where we combine your personal information with non-personal information, the combined data will be used in accordance with our Privacy Policy and the Privacy Act.

6. Goods

  1. If you order goods or if we otherwise provide you with goods, we will deliver goods to the delivery address specified in the order form.

  2. We retain title to all goods until we receive payment in full. Risk in goods passes to you once the goods are shipped.

  3. No goods supplied by us are intended to be used in the treatment of any specific medical condition.

7. Liability

  1. Subject to clause 4, the Vilates Program, our goods and services are provided without warranties or guarantees of any kind and we expressly exclude any express or implied conditions, warranties or guarantees, including that the Vilates Program, our goods or services are fit for any particular purpose, free of defects or are of merchantable quality.

  2. To the maximum extent permitted by law, we exclude all liability for any loss, cost, expense or damage (including, without limitation any direct, indirect, special or consequential loss, loss of profits, loss of anticipated savings, loss of use, loss of reputation or loss of opportunity) suffered or incurred by you in connection with this Agreement (including due to our negligence), the Vilates Program or any other goods or services we supply.

  3. To the extent our liability cannot be excluded by law, our liability is limited to the minimum allowable by law.

  4. We acknowledge that the Competition and Consumer Act 2010 (Cth) may provide you with rights, guarantees and remedies in relation to the provision by us of the Vilates Program or other goods or services which cannot be excluded, restricted or modified. We do not exclude these rights but, if we do become liable for a breach of any consumer guarantees which cannot be excluded, then to the extent permitted by law, we limit our liability at our option to either supplying the Vilates Program, goods or services to you again or refunding you the applicable fees or purchase price (excluding any delivery charges).

8. General

  1. We will not be liable for any delay or failure to perform our obligations under this Agreement if caused by any event beyond our reasonable control, including any act of God, strikes, industrial disputes, acts of war, terrorism, riots, civil disorder, governmental action, telecommunications failure, equipment failure, technical malfunction or any failure by subcontractors to provide services.

  2. We may assign or novate this Agreement to any other person on written notice to you. You must not assign, novate or sub-license any of your rights under this Agreement to any person without our prior written consent.

  3. This Agreement is governed by and is to be construed in accordance with the laws of Victoria, Australia. The parties will submit to the non-exclusive jurisdiction of the courts there and the courts of appeal from them in the case of any dispute under or in connection with this Agreement.

  4. This Agreement contains the entire understanding between the parties as to the subject matter of this document.

  5. This Agreement may only be varied by written agreement between the parties.

9. Interpretation

The following terms as used in this Agreement are defined as follows.

  1. GST has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

  2. Intellectual Property Rights means all intellectual property rights including existing and future copyright, rights in designs, trade marks, patents, inventions, data and databases, whether registered or unregistered, anywhere in the world.

  3. Personal Information has the meaning given to it in the Privacy Act.

  4. Privacy Act means the Privacy Act 1988 (Cth).

  5. Vilates Program means the Vilates exercise program provided through the content available on the Vilates website.

  6. Vilates Program Fee is set out in the order form.