Terms and Conditions

EMBER PILATES PTY LTD - TERMS OF USE AND CONDITIONS OF USE AGREEMENT

This is our Terms and Conditions of Use Agreement (hereinafter referred to as the “Agreement”) for use of the emberpilates.com website (“Website”). This Website is not directed to persons under eighteen (18) years of age. The Website is owned by Ember Pilates Pty Ltd, (hereinafter referred to as “Ember Pilates”). This Agreement applies to all of the products, services and websites offered by Website and Ember Pilates, the mobile versions thereof, any Website software that you have embedded on a web site or are about to embed (“Widgets”), and any applications (“Apps”) created by Ember Pilates whether available through a social networking site or its subsidiaries or affiliated companies (collectively, “Service”). Please note that the availability of any Apps on a social networking site does not indicate any relationship or affiliation between Ember Pilates and such social networking site.

The information presented on this Website is in no way intended as medical advice or as a substitute for medical treatment. This information should only be used in conjunction with the guidance and care of your physician. Consult your physician before beginning any diet, nutrition, or fitness plan offered through the Website. Your physician should allow for proper follow-up visits and individualise your movement, or fitness plan as appropriate. Nothing stated or presented on the Website is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition, an exercise regimen, or any other matter related to your health and well-being.

If you do not agree to be bound by this Agreement, please do not use or access this Website. Ember Pilates reserves the right to refuse or cancel your account. We also reserve the right to cancel your Ember Pilates third-party content providers, sponsors, suppliers, and licensors (collectively “Providers”), and any other materials are to be used for informational purposes only.

PARENTAL OR GUARDIAN PERMISSION

You must be 18 years or older to use this Website and by providing information about yourself to Ember Pilates you are representing that you are eighteen years (18) of age or older. If you are younger than eighteen (18) years of age and would like to become a registered member of or provide information about yourself to the Ember Pilates Website, you are required to have your parent or legal guardian

COMMUNICATIONS

When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications (including legal notices) from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Finally, Ember Pilates may deliver communications to you by any means set forth in any other Ember Pilates policy or notice published on the Website.

LICENSE AND SITE ACCESS

Ember Pilates grants you a limited license to access and make personal use of the Website and you may not download (other than page caching) or modify it, or any portion of it, without the express written consent of Ember Pilates. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Ember Pilates. You may not frame or utilise any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Ember Pilates without our express written consent. You may not use any metatags or any other hidden text utilising Ember Pilates’s name or trademarks without the express written consent of Ember Pilates. Any unauthorised use terminates the permission or license granted by Ember Pilates. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website so long as the link does not portray Ember Pilates, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Ember Pilates logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR MEMBERSHIP ACCOUNT

If you subscribe to and use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password Ember Pilates and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Memberships are non-transferable. You agree to (a) maintain all equipment necessary for your access to and use of the Website; (b) maintain the security of your user identification, password, Personal Information (as defined in our Website Privacy Policy), and any other confidential information relating to your Ember Pilates account; (c) take responsibility for all charges resulting from use of your Ember Pilates account, including unauthorised use prior to your notifying Ember Pilates of such unauthorised use and taking the legal steps to prevent its further occurrence by contacting us to change your password; and (d) update your Personal Information (as defined in our Website Privacy Policy), including email address, as appropriate. If you are given a promotional code you may only use it once. After the promotion terminates, you will be required to subscribe to the Website. Ember Pilates reserves the right to remove videos at any time, or revoke access to videos of any account at any time.

DISCLAIMERS AND LIMITATION OF LIABILITY

Users of the Website (individually and collectively, “User”) expressly agree that use of the Website is at User’s sole risk. Neither Ember Pilates, nor its employees or Providers, warrant that the Website will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on the Website or the results that may be obtained from the use of the information provided on the Website, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Website.  Ember Pilates does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked to on the Website unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own further informed review, judgment, and evaluation in the selection of any and all medical professionals and health information.

The website is provided by Ember Pilates on an “as is” and “as available” basis. Ember Pilates makes no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, products or individuals included or listed on the website. To the fullest extent permissible by applicable law, Ember Pilates disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall Ember Pilates or providers be liable to you or any third-party for any indirect, consequential, incidental, special or punitive damages, including, but not limited to, lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from any product or service sold or provided on the website or the use of the information or the results of the use of the information provided on the website, even if Ember Pilates is expressly advised of the possibility of such damages. In no event shall Ember Pilates liability exceed the price you paid for a product or service that is the subject of the claim. No oral advice or written information given by Ember Pilates, providers or the like, shall create a warranty; nor shall user rely on any such information or advice. Under no circumstances shall Ember Pilates or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorised access to the Website’s records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Website. In those States that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

THIRD-PARTY CONTENT

The Website contains information, data, software, photographs, graphs, videos, typefaces, graphics, audio and other material (collectively “Content”). Regarding the Content supplied by Users or parties other than Ember Pilates, Ember Pilates is a distributor and not a publisher. Ember Pilates has no more editorial control over such third-party or User Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties and not by Ember Pilates are those of the respective authors or distributors and not of Ember Pilates. Neither Ember Pilates nor any third party, including any Provider, or any User of the Website, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Website represents the opinions and judgments of the respective Provider or User not under contract with Ember Pilates. Ember Pilates neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Website by anyone other than authorised Ember Pilates employees. Under no circumstances shall Ember Pilates be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the Website. It is the responsibility of a User to evaluate the information, opinion, advice or other Content available through the Website.


ONLINE CONDUCT

User agrees to use the Website only for lawful purposes. User is prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation. If Ember Pilates is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by User, Ember Pilates may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Website. Ember Pilates may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect the rights or property of Ember Pilates, its Users or Providers. Ember Pilates reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual Users, the Website, or any rights of Ember Pilates or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Ember Pilates nor its Providers can ensure prompt removal of questionable content after online posting. Accordingly, neither Ember Pilates, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or content on the Website.

LINKS TO OTHER SITES

The Website may reference or link to third-party sites throughout the World Wide Web. Ember Pilates has no control over these third-party sites or the content within them. Ember Pilates cannot and does not guarantee, represent or warrant that the content contained in these third-party sites is accurate, legal, or inoffensive. Ember Pilates does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. Ember Pilates does not assume any responsibility or liability for the actions, product, services, and content of all these and any other third parties. If you choose to link to or use a third-party website, you should carefully review such third party’s privacy statement and other terms and conditions of use. By using the Website to search for or link to another third-party site, you agree and understand that you may not make any claim against Ember Pilates for any damages or losses, whatsoever, resulting from your use of the Website to obtain search results or to link to another site.

INDEMNITY

You agree to defend, indemnify, and hold Ember Pilates and Providers harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

PRESERVATION / DISCLOSURE

You acknowledge, consent and agree that Ember Pilates may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Ember Pilates Online Workouts, its Members and the public. Under no other circumstances will Ember Pilates intentionally disclose your account information to any third party.

MISCELLANEOUS TERMS

In any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. Ember Pilates reserves the right to make changes to the Website, these policies, and these Terms and Conditions of Use at any time, effective immediately upon the posting on this Website. Please check these Terms and Conditions of Use periodically. In addition, these Terms and Conditions of Use may be modified only by our posting of changes to these Terms and Conditions of Use on this Website, or by signed, written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions. These Terms and Conditions of Use are the entire Agreement between you and us relating to the subject matter herein. We may assign our rights and obligations under these Terms and Conditions of Use. These Terms and Conditions of Use will inure to the benefit of our successors, assigns, and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms and Conditions of Use, or to exercise any right under the Terms and Conditions of Use, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect content.

YOUR CONSENT

By using our Website, you consent to the collection and use of information by Ember Pilates as set forth in this Policy. If we decide to change our Policy, we will post those changes on this page so that you will always be aware of what information we collect, how we use it, and under what limited circumstances we disclose it. Continued access or use of the Website shall constitute your express acceptance of any modifications to this Policy.

PRODUCT TERMS & CONDITIONS

Product and order terms and conditions.

ORDER ACCEPTANCE

The terms and conditions applicable to your purchase are those provided at the time of sale with your order. Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

RETURNS

Please note that we can only process returns and refunds for items that are faulty. All sales are final.

COLOURS

We have made every effort to display as accurately as possible the colours of our products that appear on the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate

SHIPPING

We cannot be responsible for, or make compensation for unforeseen delays caused by circumstances beyond our control. These circumstances may include shipping company delays, customs/border clearance delays.

HEALTH & SAFETY PRECAUTIONS

Consult a physician before starting any exercise program. Discontinue exercise immediately if you experience pain or discomfort. Improper use of exercise equipment may cause serious injury.

By choosing to use Ember Pilates equipment, you and your clients and patients assume the sole responsibility for its proper use.

You agree to release, indemnify, and hold harmless all retailers, distributors, and manufacturers for injuries resulting from your unsafe or improper use of Ember Pilates equipment.

PRODUCT SAFETY

You further agree that you understand and accept the following warnings and cautions as they relate to a) Ember Pilates videos and exercise programs, and b) Ember Pilates exercise products:

Any video programs produced and sold by Ember Pilates are fully protected under the laws of copyright and trademark. Any unauthorised duplication, exhibition, distribution or other use of this program, or any part thereof, without prior written consent is strictly forbidden by law, including United States federal law. Violators will be prosecuted to the maximum extent of the law. Please note the following important cautions before using any Ember Pilates videos programs or products; and note that not all exercises are suitable for everyone, and any exercise program may result in injury. Consult with your doctor before embarking on a Ember Pilates exercise program or any other exercise program. To reduce the risk of injury, never force or strain during exercise. If you experience pain or discomfort during exercise, stop immediately and consult your doctor. Certain special cautions apply to this or any other exercise program. For example, women who are menstruating should not practice inverted poses, backbends, or vigorous standing poses. Pregnant women should not practice twists or any abdominal tightening poses. Other special cautions may apply to individuals with specific health issues. For that reason, you should consult your doctor to find out if special restrictions apply to you. The creators, producers, performers, participants and distributors of Ember Pilates programs cannot guarantee that the programs are safe and proper for every individual. For that reason, all Ember Pilates programs are sold without warranties or guarantees of any kind. Any liability, loss or damage in connection with Ember Pilates programs, including but not limited to any liability, loss or damage resulting from the performance of the exercises demonstrated here, or the advice and information given here, is expressly disclaimed.

Please note the following important warning regarding the use of Ember Pilates exercise equipment and exercise equipment in general:

Warning improper use of exercise equipment may cause serious bodily injury. To reduce risk of injury, read the following: