WEBSITE TERMS & CONDITIONS AND PRIVACY POLICY

TERMS AND CONDITIONS

These terms and conditions govern the use of www.vervepilates.com.au. This Site is owned and operated by VERVE PILATES.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

INTELLECTUAL PROPERTY
All content published and made available on our Site is the property of Verve Pilates and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

ACCEPTABLE USE
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

  • Violate the intellectual property rights of the Site owners or any third party to the Site;

  • Hack into the account of another user of the Site; or

  • Act in any way that could be considered fraudulent.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

ACCOUNTS
When you create an account on our Site, you agree to the following:

  1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and

  2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

SALE OF SERVICES
These Terms and Conditions govern the sale of services available on our Site.

The following services are available on our Site:

  • Pilates Classes.

The services will be paid for in full when the services are ordered.

These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

SUBSCRIPTIONS
Your subscription does not automatically renew. You will be notified before your next payment is due and must authorise that payment in order for your subscription to continue.

PAYMENTS
We accept the following payment methods on our Site:

  • Credit Card; and

  • Debit.

When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

CONSUMER LAW PROTECTION
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

LIMITATION OF LIABILITY
Verve Pilates and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

INDEMNITY
Except where prohibited by law, by using this Site you indemnify and hold harmless Verve Pilates and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

APPLICABLE LAW
These Terms and Conditions are governed by the laws of the State of Tasmania.

SEVERABILITY
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

CHANGES
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site

PRIVACY POLICY

VERVE PILATES is owned and operated by Grace Hays. Grace Hays can be contacted at: hello@vervepilates.com.au

PURPOSE
The purpose of this privacy policy is to inform users of our Site of the following:

  1. The personal data we will collect;

  2. Use of collected data;

  3. Who has access to the data collected;

  4. The rights of Site users; and

  5. The Site's cookie policy.

This Privacy Policy applies in addition to the terms and conditions of our Site.

CONSENT
By using our Site users agree that they consent to:

  1. The conditions set out in this Privacy Policy; and

  2. The collection, use, and retention of the data listed in this Privacy Policy.

PERSONAL DATA WE COLLECT
We only collect data that helps us achieve the purpose set out in this Privacy Policy. We will not collect any additional data beyond the data listed below without notifying you first.

DATA COLLECTED IN A NON-AUTOMATIC WAY
We may also collect the following data when you perform certain functions on our Site:

  1. First and last name;

  2. Sex;

  3. Email address;

  4. Phone number;

  5. Payment information; and

  6. Auto fill data.

This data may be collected using the following methods:

  1. Creating an account.

HOW WE USE YOUR PERSONAL DATA
Data collected on our Site will only be used for the purposes specified in this Privacy Policy or indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in this Privacy Policy.

The data we collect when the user performs certain functions may be used for the following purposes:

  1. Communication; and

  2. Collect payments for services.

WHO WE SHARE PERSONAL DATA WITH
Employees
We may disclose user data to any member of our organisation who reasonably needs access to user data to achieve the purposes set out in this Privacy Policy.

Third Parties
We may share user data with the following third parties:

  1. Glo Fox.

We may share the following user data with third parties:

  1. Information added when you create an account

We may share user data with third parties for the following purposes:

  1. Collect payment details; and

  2. Clients can book classes.

Third parties will not be able to access user data beyond what is reasonably necessary to achieve the given purpose.

OTHER DISCLOSURES
We will not sell or share your data with other third parties, except in the following cases:

  1. If the law requires it;

  2. If it is required for any legal proceeding;

  3. To prove or protect our legal rights; and

  4. To buyers or potential buyers of this company in the event that we seek to sell the company.

If you follow hyperlinks from our Site to another Site, please note that we are not responsible for and have no control over their privacy policies and practices.

HOW LONG WE STORE PERSONAL DATA
User data will be stored until the purpose the data was collected for has been achieved.
You will be notified if your data is kept for longer than this period.

HOW WE PROTECT PERSONAL DATA
All data is only accessible to our employees. Our employees are bound by strict confidentiality agreements and a breach of this agreement would result in the employee's termination.

While we take all reasonable precautions to ensure that user data is secure and that users are protected, there always remains the risk of harm. The Internet as a whole can be insecure at times and therefore we are unable to guarantee the security of user data beyond what is reasonably practical.

CHILDREN
We do not knowingly collect or use personal data from children under 16 years of age. If we learn that we have collected personal data from a child under 16 years of age, the personal data will be deleted as soon as possible. If a child under 16 years of age has provided us with personal data their parent or guardian may contact our privacy officer.

HOW TO ACCESS, MODIFY, DELETE, OR CHALLENGE THE DATA COLLECT
If you would like to know if we have collected your personal data, how we have used your personal data, if we have disclosed your personal data and to who we disclosed your personal data, or if you would like your data to be deleted or modified in any way, please contact our privacy officer here:

Grace Hays
grace@vervepilates.com.au

COOKIE POLICY
A cookie is a small file, stored on a user's hard drive by a website. Its purpose is to collect data relating to the user's browsing habits. You can choose to be notified each time a cookie is transmitted. You can also choose to disable cookies entirely in your internet browser, but this may decrease the quality of your user experience.

We do not use cookies on our Site.

MODIFICATIONS
This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy we will update the "Effective Date" at the top of this Privacy Policy. We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email of changes to this Privacy Policy.

CONTACT INFORMATION
If you have any questions, concerns or complaints, you can contact our privacy officer, Grace Hays, at: hello@vervepilates.com.au

Effective date: 27th day of April, 2023

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