Sales And Services Terms And Conditions

TERMS AND CONDITIONS

  1. ACCEPTANCE
    • These Terms and Conditions (Terms) are between Emergy Pilates Lounge Pty Ltd trading as ePilates Online (ABN 78 149 667 952), its successors and assignees (referred to as “we”, “us” or “our”) and the person, organisation or entity who uses or purchases any services (Services) or purchases any products (Products) from us (referred to as “you” or “your”), and collectively the Parties.
    • Our Products and Services and these Terms are available at epilatesonline.com (Site).
    • These Terms form the agreement under which we will supply Products and Services to you. Please read these Terms carefully. Please contact us if you have any questions. Our contact details are at the end of these Terms.
    • You accept these Terms by making a purchase from us or using our Services. Your purchase from us or use of our Services indicates that you have had sufficient opportunity to access the Terms and contact us, that you have read, accepted and will comply with the Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. You must not order Products or Services from us if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older. If you do not agree to the Terms, please do not use or purchase our Products or Services.
    • Our Terms of Use set out the terms and conditions for using the Site. Our Privacy Policy sets out how we collect, use and protect your personal information. These are available on the Site.
  2. REGISTRATION AND SERVICES
    • In order to purchase Products or obtain access some of our Services, you will be required to register for an account (Account). It is your responsibility to keep the details of your Account, including username and password, confidential. You are liable for all activity on your Account, including any purchases made using your Account details.
    • We agree to perform the Services with due care and skill.
    • We reserve the right to refuse any request for Services that we deem inappropriate, unreasonable or illegal.
    • You may request additional services via the Site. You must pay any fees for such additional services as set out on the Site. You will be expected to pay any fees for such additional services before we commence performing them.
    • We may provide the Services to you using our employees, contractors and third party providers and they are included in these Terms.
    • Suppliers of third party services or products who are not our employee or our direct contractor (Third Party Suppliers) will be your responsibility. We are not responsible for the quality of services or products provided by Third Party Suppliers.
  3. PRODUCTS AND ORDERS
    • You may order Products from us as set out on the Site. We may at our discretion accept or reject an order depending on factors including availability of Products and our ability to validate payment for the Products.
    • It is your responsibility to check the order details, including Product and pricing, before you complete your order on the Site.
    • We will provide you with order details, which may include an order number, an order ID, the shipping and billing addresses and a description of what was ordered, when you order and pay on the Site and your payment has been validated.
    • A binding agreement in respect of the sale of a Product comes into existence between you and us once we have given you an order number in respect of that Product. No changes to these Terms will be effective for that order unless we both agree to the changes in writing.
  4. PRICE, INVOICING AND PAYMENT
    • Some of the Services are free of charge; others incur a fee. Where applicable, you agree to pay us (a) the fees, including any other payments and expenses, for the Services that you have requested, as set out on the Site, and/or (b) the purchase price specified on the Site at the time that you place your order for the purchase of a Product, plus any applicable delivery and insurance charges based on the delivery options selected by you (Fees). All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable). Any applicable delivery and insurance charges will be separately shown. Where applicable, you will be required to make payment by way of credit card, PayPal or other payment options as set out on the Site, and you must provide your credit card, PayPal or other payment details (Payment Details) to us when making a purchase for the Products and/or Services.
    • As indicated on the Site, payment options for the Fees in respect of Services may differ between the Services. Some of the Services require full Fees to be paid upfront; others allow Fees to be paid in monthly or annual instalments.
    • For Services where the full Fees are required to be paid upfront, we will not provide access to any Services or your Account until payment is confirmed.
    • As indicated on the Site, you can access certain Services and your Account by paying an ongoing monthly or annual Fee (Subscription Service). The first payment for Subscription Service will be made at the time of registration. After registration, payments will be deducted from your nominated account using your Payment Details on a monthly or annual, as applicable, payment date. If you wish to cancel your Subscription Service, you can do this any time. We do not refund any paid and unused Subscription Service.
    • For a Product, full payment of the Fees in respect of that Product will be processed upon receipt of your order in respect of that Product.
    • You must not pay, or attempt to pay, any Fees through any fraudulent or unlawful means. If a payment is not able to be successfully processed then you will not be able to access the Services or your Account, or your order may be cancelled
    • If you pay by credit card, you warrant that the credit card information you provide to us is true and complete, that you are authorised to use the credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Fees.
    • Our pricing structure, payment methods and these Terms may be amended from time to time at our discretion. The pricing changes will apply to you for Products or Services provided to you after the date of the change. All other changes will apply from the date that the amended or new Terms are posted on our Site or are provided to you, whichever is earlier.
  5. AVAILABILITY AND CANCELLATION
    • All Product purchases made with us are subject to availability. We will do our best to keep in stock most Products that are advertised by us, and to keep the Site up to date with availability of Products.
    • If there is a considerable delay in dispatching your order, or if for any reason we cannot supply a Product you have ordered, we will contact you using your Account details. You can choose a refund, store credit, or to put your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the Product will be refunded to you. If you choose to put your order on backorder, we will contact you to arrange for delivery once the Product is available.
    • If certain Products are out of stock or discontinued, we may from time to time substitute a Product with another product of similar appearance, value and size. Where an item is substantially different, we will obtain your permission to substitute the item.
  6. PRODUCT DELIVERY
    • Location: We deliver Products worldwide. At this stage we do not deliver to certain places as set out on the Site. Please refer to the delivery information on the Site to check that you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.
    • Cost: We may offer free delivery for some Products to some areas, as set out on the Site. If free delivery does not apply, a delivery fee will apply, as set out on the Site.
    • Timing: We will normally dispatch the Product within 14 days from the receipt of your order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company. We will deliver the product to the place of delivery you specify when making your order.
    • Change: If you need to change a delivery date or the delivery address, please contact us as soon as possible to see if this is possible. If you are not available to take delivery on the agreed delivery date, you may be charged a delivery fee for each additional attempt for delivery.
    • Method: We may delivery the Products via a range of delivery methods. All deliveries must be signed for. If neither you nor your authorised representative is at the delivery address to accept delivery you will be notified, generally by the delivery company leaving a card with contact details, so that you can arrange another delivery time and date.
    • Title: Title in the Products will not pass to you until the later of delivery or your payment being processed or otherwise received by us. If your payment is declined for any reason we reserve the right to reclaim the Products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the Products. Risk of loss, damage or deterioration to any Products will pass to you on delivery.
  7. YOUR OBLIGATIONS AND WARRANTIES
    • If you obtain Services from us, you warrant that you will not canvass, employ, induce or attempt to employ, induce, solicit or entice away from us, any employee or contractor that was employed by or contracted to us during the term that we provide Services to you or the prior 12 month period.
    • You warrant that throughout the term of these Terms that:
  • there are no legal restrictions preventing you from agreeing to these Terms;
  • you will cooperate with us and provide us with information and comply with requirements in a timely manner, as requested by us from time to time, that are reasonably necessary to enable us to perform the Services;
  • the information you provide to us is true, correct and complete;
  • you will not infringe any third party rights in working with us and receiving the Services;
  • you will inform us if you have reasonable concerns relating to our provision of Services under these Terms, with the aim that we and you will use all reasonable efforts to resolve your concerns;
  • you are responsible for obtaining any consents, licences and permissions from other parties necessary for the Services to be provided, at your cost, and for providing us with the necessary consents, licences and permissions;
  • you consent to the use of your name and Intellectual Property in relation to the Services in a way which may identify you;
  • if applicable, you hold a valid ABN which has been advised to us; and
  • if applicable, you are registered for GST purposes.
  1. DISCOUNT CODES AND PROMOTIONS
    • We may from time to time offer promotional discount codes, which may be applicable to our Products or Services on the Site, and must be entered at the time of ordering the Products or Services. The conditions of use relating to any discount code will be specified at the time that it is issued.
  2. OUR INTELLECTUAL PROPERTY
    • The work and materials that we provide to you in carrying out the Services (including our online videos) and the Products contain material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the Intellectual Property in the Materials including but not limited to copyright which subsists in all creative and literary works incorporated into our Materials.
    • The Materials are provided to you for your exclusive non-commercial use only. The Materials are not to be shared with any third parties, and if such Materials are disclosed to any third parties without our consent, we reserve the right to terminate your Account and cease providing the Services immediately.
    • You agree that, as between you and us, we own all Intellectual Property rights in the Site, business, Products, branding and our Materials, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights in such things, except as stated in these Terms or with our written permission.
    • Your use of our Materials does not grant you a licence, or act as a right to use, any of the Intellectual Property in the Materials, whether registered or unregistered, except as stated in these Terms or with our written permission.
    • You must not breach our copyright or other Intellectual Property rights by, including but not limited to:
  • altering or modifying any of the Materials;
  • creating derivative works from the Materials; or
  • using our Materials for commercial purposes such as onsale to third parties.
  1. CONFIDENTIAL INFORMATION
    • We, including our employees and contractors, agree not to disclose your Confidential Information to any third party (other than, where necessary, Third Party Suppliers); to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; only to use the Confidential Information for the purpose for which it was disclosed by you, to provide better quality Services to you, and not for any other purpose.
    • You, including your employees and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use the Confidential Information for the purpose for which it was disclosed or provided by us to you, and not for any other purpose.
    • These obligations do not apply to Confidential Information that:
  • is authorised to be disclosed;
  • is in the public domain and/or is no longer confidential, except as a result of breach of these Terms;
  • is received from a third party, except where there has been a breach of confidence; or
  • must be disclosed by law or by a regulatory authority including under subpoena.
    • The obligations under this clause will survive termination of these Terms.
  1. FEEDBACK AND DISPUTE RESOLUTION
    • Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our Services and/or Products, please contact us.
    • If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:
  • The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
  • If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, the complainant will ask the Law Society of Queensland, Australia to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
    • Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.
  1. TERMINATION OF SERVICES

If you purchase our Services:

  • The Parties may terminate these Terms by mutual agreement, by 30 days’ notice in writing including by email.
  • Either Party may terminate these Terms, if there has been a material breach of these Terms, subject to following the dispute resolution procedure.
  • We may terminate these Terms and cease to provide the Services immediately, in our sole discretion, if:
  • We discover that you are sharing our Materials or your Account details with third parties;
  • we consider that a request for a Service is inappropriate, improper or unlawful;
  • you fail to provide us with clear or timely instructions to enable us to provide the Services;
  • we consider that our working relationship has broken down including a loss of confidence and trust;
  • you post any disparaging or disrespectful comments about us or any other users on social media;
  • you act in a way which we reasonably believe will bring us or our Site or its users into disrepute;
  • you provide us with incorrect credit card or Paypal details or any other incorrect information; or
  • for any other reason outside our control which has the effect of compromising our ability to perform the work required within the required timeframe.
    • On termination of these Terms you agree that the Fees, and any other payments made are not refundable to you, and you are to pay all invoices for Services rendered to you.
    • If you terminate these Terms early, you must pay for all Services provided prior to termination, including any Services which have been performed and have not yet been invoiced to you.
    • On termination of these Terms you agree to promptly return (where possible), or delete or destroy (where not possible to return), our Confidential Information and Intellectual Property, and/or documents containing or relating to our Confidential Information and Intellectual Property.
    • On termination of these Terms, we agree to promptly return (where possible), or delete or destroy (where not possible to return), your Confidential Information, and/or documents containing or relating to your Confidential Information.
    • On completion of the Services, we will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to these Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.
    • The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.
  1. TERMINATION OF SALE OF PRODUCTS
    • If you purchase our Products, we reserve the right to refuse supply of the Products ordered by you and terminate our contract with you, at our sole discretion, without incurring any liability to you.
  2. CONSUMER LAW, LIMITATION OF LIABILITY AND DISCLAIMERS
    • ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Products or Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).   Our liability is governed solely by the ACL and these Terms.
    • If you are a consumer as defined in the ACL, the following applies to you:
  • Products: Our Products come with warranties and guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure
  • Services: We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services to achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from the Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.
    • Delay: Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services during the estimated period, where it is affected by your delay in response, or supply of incomplete or incorrect information.
    • Referral: On request by you, we may provide you with contact details of third party specialists. This is not a recommendation by us for you to seek their advice or to use their services. We make no representation or warranty about the third party advice or provision of services, and we disclaim all responsibility and liability for the third party advice or provision of services, or failure to advise or provide services.
    • Warranties: Seller: To the extent permitted by law, we exclude all express and implied warranties, and all material and work is provided to you without warranties of any kind, either express or implied. We expressly disclaim all warranties including but not limited to implied warranties of merchantability and fitness for a particular purpose. Manufacturer: A Product may come with a manufacturer’s warranty. The manufacturer’s warranty is in addition to but may overlap with any right and remedies you may have under applicable law, including any Statutory Rights. If you are not considered a “consumer” within the meaning of the ACL, the manufacturer’s warranty may be your sole remedy. You should check the manufacturer’s warranty, as many manufacturer’s warranties do not apply in a business or commercial setting. Please contact the manufacturer if you would like to make a claim under the manufacturer’s warranty.
    • Liability: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to the Products, the Services, the Site, and these Terms, except those set out in these Terms, including but not limited to:
  • implied or express guarantees, representations or conditions of any kind, which are not stated in these Terms;
  • the Products, the Services and the Site being unavailable; and
  • any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, the Products, the Services or your inability to access or use the Site, the Products or the Services, and the late supply of Services or Products, even if we were expressly advised of the likelihood of such loss or damage.
    • Information: While the information and material on the Site, in the Materials and otherwise provided to you is believed to be accurate and current, it is provided by us in good faith on an “as is” basis, and we and our directors, officers and employees accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of such information and materials. Any reliance you place on the information and materials is at your own risk.
    • Limitation for Services: Our total liability arising out of or in connection with the Services, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by you to us in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
    • Limitation for Products: Our total liability arising out of or in connection with a Product, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of that Product under these Terms.
    • Disclaimer: We do not provide medical advice. Our Services, are not, in any way, an attempt to practise medicine or provide any medical advice. Our Services must not be used or relied on for any diagnostics or treatment purposes, and should not be used as a substitute for professional diagnosis and treatment. Any information that is contained in any of our materials, whether provided by us or by contract from Third Party Suppliers, is simply for your convenience. The information contained within our Materials is general information only, is not intended to be relied upon, and is not a substitute for professional medical advice based on your personal circumstances.
    • You are solely responsible for determining the suitability of any of our Services, and your reliance on any information that is provided to you through our Site, Services or Materials is at your own risk.
    • This clause will survive termination of these Terms.
  1. RETURN, REFUND AND EXCHANGE POLICY
    • Repair, replacement or a refund of a Product: If you wish to seek repair, replacement or a refund for a Product, please contact us and we will explain the requirements to you. This may include you providing proof of purchase and evidence of the faulty Product to us.
    • Refund: If you are entitled to a refund, we will only give you the refund once evidence of faulty Product is received by us, or we have received the Product at our warehouse and inspected it and assessed whether it is eligible for a refund under these Terms. Any refund we make will be by the same payment method used to purchase the Product.
    • Installed: Subject to this clause, we will not accept for return any Product that has been used, connected, installed, attempted to be connected or installed, or if your Product is custom-made or is a special buy Product.
    • Packaging: You must adequately package any Product you are returning for our collection to ensure that it is not damaged during return delivery to our warehouse. We will arrange for any Products you want returned to be collected, usually within 7 days.
    • Duty of care: You have a duty of care for the Product while it is in your possession. If you damage Products, then subsequently return the products, you may be liable to pay to repair the product to its original condition. In these circumstances, where a repair is not economically viable, no refund will be made.
  2. INDEMNITY
    • You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
  • any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
  • any breach of these Terms; and
  • any misuse of the Products, the Services, or the Site from or by you, your employees, contractors or agents.
    • You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of the Services or our Products including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
    • The obligations under this clause will survive termination of these Terms.
  1. ASSUMPTION OF RISK
    • All suggestions and comments relating to the use of equipment such as rollers, straps or any other equipment, poses and exercises and any instructions shown in any videos and other Materials on our Site are not required to be performed or adhered to by you and are carried out or adhered to at your election. You acknowledge that you will participate in our pilates classes and/or follow the tips contained in the online videos at your own risk.
    • You hereby indemnify and release us, our instructors, our agents, affiliates, employees, members, sponsors, promoters and any person or body directly and indirectly associated with us, against all liability (including liability for their negligence and the negligence of others) claims, demands and proceedings arising out of or connected with your participation in any of our pilates classes and/or following the tips contained in the online videos.
    • You acknowledge that participating in a pilates class or any related exercises and activities may involve a risk of serious injury or even death from various causes including: overexertion, dehydration, equipment failure and accidents with equipment and surroundings.
    • It is your responsibility to ensure that by participating in a pilates class, you will not exceed your limits while performing such activity, and you will select the appropriate level of class for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition.
    • You recognise the difficulties associated with attending a pilates class and attest you are physically fit to participate safely in the activity and that a qualified medical practitioner has not advised you otherwise.
    • You understand the demanding physical nature of a pilates class or any related exercises and activities. You are not aware of any medical conditions, injuries or impairments that will be detrimental to your health if you participate in pilates or exercise or pilates or exercise related activities.
    • In the event that you become aware of any medical conditions, injuries or impairments that may be detrimental to your health, you must immediately cease to use our Site, Services, or Materials and contact your medical practitioner.
  2. GENERAL
    • Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
    • Accuracy: While we endeavour to keep the information up to date and correct, we make no representations, warranties or guarantees, expressed or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
    • Publicity: You consent to us using advertising or publically announcing that we have undertaken work for you.
    • Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
    • GST: If and when applicable, GST payable on the Products or Services will be set out on our Invoices. By accepting these Terms you agree to pay us an amount equivalent to the GST imposed on these charges.
    • Relationship of Parties: These Terms are not intended to create a relationship between the Parties of partnership, joint venture, or employer-employee.
    • Assignment: These Terms are personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent not to be unreasonably withheld).
    • Severance: If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.
    • Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 business days’ notice in writing.
    • Notice: Any notice in connection with these Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the Party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other Party.
    • Jurisdiction & Applicable Law: These terms are governed by the laws of Queensland and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
    • Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
  3. DEFINITIONS
    • Confidential Information includes confidential information about you, your Payment Details, your personal information, the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as “confidential”.
    • GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.
    • Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names.
    • Moral Rights means the right of attribution of authorship, the right not to have authorship falsely attributed and the right of integrity of authorship, as defined in the Copyright Act 1968 (Cth).

 

Contact details:

Emergy Pilates Lounge Pty Ltd t/a ePilates Online

ABN 78 149 667 952

 

3-4, 23 Brisbane Road

Mooloolaba QLD 4557

Australia

emma@epilatesonline.com

 

Last update: 16 January 2016

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