conditions & terms
These Terms of Use are effective as of 6th January 2023. Please read these terms of use carefully.
Welcome to the Pilates Barre Lovers community!
These terms of use and any other terms and documents expressly incorporated herein, each as may be amended, supplemented or replaced from time to time (together, the These terms of use and any other terms and documents expressly incorporated herein, each as may be amended, supplemented or replaced from time to time (together, the "Terms of Use") apply to your use of (and subscription to) the Pilates Barre Lovers website, Pilates Barre Lovers mobile application ("Pilates Barre Lovers App"), blog, forum, future online shop or one of our other products or services, all of which are part of Pilates Barre Lovers' platform (the "Platform"). These Terms of Use are entered into by and between you as a user (referred to as "User", "you" or "your") and Pilates Barre Lovers AG, Neuheim, Switzerland and its affiliates (referred to as "Pilates Barre Lovers", "we", "us" or "our"). Your access to and use of the Platform constitutes your agreement to be bound by these Terms of Use. The offering of the Platform to you is conditional on your acceptance of these Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Platform.
For more details about Pilates Barre Lovers's privacy practices, please refer to our Privacy Policy available at our website.
1. User
a) Eligibility
By accessing or
using the Platform, you confirm that you are of legal age in your country and
not under 16 years old, or you have consent from your parent or guardian, you
have full power, capacity and authority to agree to the Terms of Use and have
not been previously suspended or removed from using the Platform.
b) User Account Creation
To use certain features of the Platform, you will need
to create a user account (each, a "User Account") by
providing your first and last names, an email address, a password, your date of
birth and other information that we may require from time to time. Please
provide accurate and current information when creating your User Account. Pilates Barre Lovers may, at its sole discretion: limit the number of User Accounts that you may create
or maintain; stipulate additional conditions and requirements for
the opening or maintaining of User Accounts; and/or refuse to create a User Account for you.
c) Security
By using the User Account, you will be responsible for
maintaining the security of your User Account access credentials, for all
activities that occur under the User Account and any other actions in relation
to the User Account (with or without your permission). Pilates Barre Lovers is
not responsible for any loss or activity that results from the unauthorised use
of your User Account due to your failure to secure your access credentials. You should not
share the access credentials of your User Account (including passwords) with
any other person or allow any other person to access your User Account. You
must immediately notify the Pilates Barre Lovers team in writing at info@pilatesbarrelovers.com of any unauthorised use of your User Account or any other breaches of
security.
d) Suspension and termination
Pilates Barre Lovers will have the right to suspend
access to your User Account, or to terminate your User Account, at any time and
for any reason (including where you are in breach of any of the provisions in
this Term of Use), subject to Applicable Laws. You acknowledge
and agree that these Terms of Use continue to apply even after your User
Account expires or is terminated, or where you have stopped using the Platform.
2. Subscription Service
a) Subscription
You can choose to subscribe to the Platform either on
a monthly, six-monthly or annual basis, or for such other periods that Pilates
Barre Lovers may offer from time to time, and the applicable fees are set forth
on the Pilates Barre Lovers webpage (https://www.pilatesbarrelovers.com).
Eligibility for any promotions or discounts is
ascertained at the time you subscribe and cannot be changed during the term of
your subscription. You are responsible for reading and understanding the
specific terms and conditions applicable to any promotions or discounts.
Pilates Barre Lovers reserves the right to revise and update the applicable fees for subscriptions, and the different subscription packages available, at any time at its sole discretion. Any such revision or updates to the fees will apply prospectively to any subscription entered into following the effective date of the fee revision or update.
b) Free trials
We may provide a free trial subscription for a fixed
period of time, as determined by Pilates Barre Lovers in its sole discretion.
Unless otherwise stated by Pilates Barre Lovers in respect of specific
promotions, free trials are only available to new Pilates Barre Lovers users,
and Pilates Barre Lovers reserves the right to cancel any trial subscription
immediately if we become aware that the subscriber has already had a trial
subscription on a different User Account or using a different email address.
Furthermore, any attempts to register for a further free trial on the same User
Account or using the same email address may result in you being charged for the
applicable subscription fees.
After the trial, your subscription will renew automatically at the full subscription price (depending on the membership you have chosen) unless you cancel your subscription before the end of the trial. To cancel your subscription during the trial, please refer to the instructions set out below under "Automatic renewal of subscription".
c) Payment details
You can pay the fees for your subscription on the Pilates
Barre Lovers website through a credit
card payment. The price of your subscription, will be specified
during the order process.
When you purchase a subscription, you must provide us with complete and accurate payment information. By submitting payment details, you represent that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription. Pilates Barre Lovers reserves the right to contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties if there is suspicious activity.
In addition to the subscription fee you are charged, certain banks and credit card issuers may charge a foreign transaction fee on transactions which take place abroad or in a foreign currency. You are responsible for paying any such fees.
d) Automatic renewal of
subscription
Your
subscription will automatically renew for the same membership period as your
ending membership unless you cancel at least forty-eight (48) hours before the
end of the free trial, two weeks before the end of the one-month-membership,
one month before the six-months and annual-membership of the current billing
period. However, you may cancel your subscription, effective as per the end of
the subscribed and/or extended membership period, at any time by navigating to
your profile page and following the prompts to cancel your subscription. Upon
such cancellation, you will still be entitled to access the subscription
services on the Platform for the remainder of the duration of the membership
period that you have paid for.
e) Cancellation
and refund of subscription fees
Subscriptions are non-refundable and there is no right
to refunds or credits unless required by Applicable Laws. Although you may
notify us of your intention to cancel your subscription at any time, such
notice will only take effect at the end of your then current subscription
period, and you will not receive a refund.
3. Use of the Platform
By using the Platform, you confirm that you will not use the Platform for any of the following:
a) Unlawful Activity – any activity that:
(i) involves proceeds from any illegal or
unlawful activity; (ii) publishes, distributes or disseminates any illegal or
unlawful material or information; or (iii) otherwise violates, or could
possibly violate, any civil and common laws, statutes, subordinate legislation,
treaties, regulations, directives, decisions, by-laws, ordinances, circulars,
codes, orders, notices, demands, decrees, injunctions, resolutions and
judgments of any government, quasi-government, statutory, administrative or
regulatory body, court, agency or association by which Pilates Barre Lovers or
the User are bound in any jurisdiction applicable to the access and use of the
Platform ("Applicable Laws").
b) Unauthorised Use – any activity that:
(i) interferes with, disrupts, negatively
affects or inhibits other Users from accessing or fully enjoying the Platform;
(ii) introduces to the Platform any malware, virus, trojan horse, worms, logic
bombs or any other program that would otherwise result in any technical glitch,
malfunction, failure, delay, default or security breach; (iii) attempts to gain
unauthorised access, whether through password mining or otherwise, to other
User Accounts, computing systems or networks connected to the Trading Platform;
(iv) undermines the security or integrity of the computing systems or networks
on which the Platform is hosted; (v) attempts to modify, copy, reproduce,
reverse engineer or decompile the Platform or the computer programs used to
deliver the Platform; (vi) uses the User Account information of another person
to access or use the Platform; or (vii) transfers access or rights to your User
Account to a third party.
c) Abusive Acts – any act that:
(i) defames, abuses, extorts, harasses, stalks,
threatens or otherwise violates or infringes the legal rights (such as, but not
limited to, rights of privacy, publicity and intellectual property) of any
other person; (ii) incites, threatens, facilitates, promotes, or encourages
hate, racial intolerance or violent acts towards any other person; or (iii)
harvests or otherwise collects information from the Platform about other Users
including addresses, phone numbers, email addresses and credit card details.
d) Fraud – any act that:
(i) attempts to defraud Pilates Barre Lovers or any
other person; or (ii) provides false, inaccurate or misleading information to Pilates
Barre Lovers.
Contributed Content:
a)
You are solely responsible for all content or
materials that you submit or otherwise upload to or through the Platform or to
us (including any information contributed by you in respect of any blog, forum
or chatroom, and any comments, feedback or ideas that you send to Pilates Barre
Lovers) ("Contributed Content") and expressly agree not to
submit or upload any Contributed Content which:
i)
advertises or promotes any services or brands (with
respect to you or any third party);
ii)
contains material that is defamatory, discriminatory,
obscene, indecent, abusive, racist, offensive, harassing, violent, hateful,
inflammatory or is otherwise objectionable or illegal;
iii)
you know not to be true and honest, or which spreads
false or misleading statements;
iv)
you do not have the right to submit or upload,
including where the content may infringe any Intellectual Property Rights of
any party;
v)
impersonates any person or entity or otherwise
associates, infers or misrepresents the User’s affiliation with a person or
entity;
vi)
contains the personal details or confidential
information of any third party unless that third party has expressly consented
to such use and disclosure;
vii)
contains, or links to, viruses, corrupted data or other
harmful, disruptive or destructive files;
viii)
constitutes unsolicited promotions, campaigning,
advertising or solicitations, or other types of content which constitute
"spam";
ix)
may expose Pilates Barre Lovers or other Users to any
harm or liability of any kind; or
x)
is contrary to any Applicable Laws.
b)
Pilates Barre Lovers has the right, but not the
obligation, to monitor all conduct and content submitted to or through the
Platform, and may in its sole discretion: (i) refuse to publish, remove or
disable access to Contributed Content that it considers breaches these Terms of
Use; or (ii) suspend or discontinue your opportunity to submit, post or upload
content to the Platform.
c)
You acknowledge and agree that some of your Contributed
Content might continue to be publicly available on the Platform after your User
Account is closed or otherwise terminated, subject to your right to have your
Contributed Content removed upon request in accordance with Applicable Laws.
d)
If you believe that any Contributed Content violates
these Terms of Use or any Applicable Laws, including any copyright laws, you
should report it to the Pilates Barre Lovers team at info@pilatesbarrelovers.com .
4. Availability of services, security
a)
Pilates Barre Lovers shall make reasonable
efforts to ensure that the Platform is available to you. However, access
to the Platform may be disrupted from time to time due to necessary
maintenance, technical issues, network and system overloads or events
outside of Pilates Barre Lovers's control. Pilates Barre Lovers will use
commercially reasonable efforts to avoid downtime of the Platform, but
assumes no liability if the Platform or any part thereof is unavailable
at any time or for any period.
b)
You acknowledge and agree that you are
responsible for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for antivirus protection and
accuracy of data input and output, and for maintaining a means external
to the Platform for any reconstruction of any lost data.
c)
You acknowledge and agree that Pilates Barre
Lovers shall not have any liability or be responsible in any way for: (a)
your use of the internet to connect to the Platform or any technical
problems, system failures or security breaches; (b) the hardware that you
use to access the Platform (including in respect of viruses and malicious
software, and any inappropriate material) and the integrity and proper
storage of any of your data associated with the Platform that is stored
on your own hardware; or (c) any fees you may incur in order to connect
to the internet for the purpose of using or accessing the Platform.
d)
You must immediately notify the Pilates Barre
Lovers team in the event that you become aware of any part of the
Platform malfunctioning or if you otherwise experience any material
malfunction or other connectivity problem that adversely affects your
access to or use of the Platform.
e)
Users may also be required to download and
install updates to the Pilates Barre Lovers App so as to maintain access
to the Platform and its services. A User's failure to do so might lead to
certain services offered on the Platform becoming temporarily
inaccessible to the User until such update has been downloaded and
installed.
5. Intellectual Property, Use Licence
Pilates
Barre Lovers's ownership of the Platform:
All of the patents, trademarks, logos, trade names, rights in domain names, copyrights, moral rights, design rights, database rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether or not patentable) and other similar intellectual property rights (whether registered or not)) and applications for such rights as may exist anywhere in the world (collectively, "Intellectual Property Rights") in the Platform and the material published on and through it (except the Contributed Content) are owned by Pilates Barre Lovers, its licensors and other providers of such material and are protected by Applicable Laws. You may not engage in any activity on or through the Platform, including transmitting or using Contributed Content, that infringes or otherwise makes unauthorised use of another party’s Intellectual Property Rights.
User's licence to use Platform:
You are not granted any right to use, and may not use, any of Pilates Barre Lovers's Intellectual Property Rights other than as set out in these Terms of Use and subject to the following conditions:
a)
you are granted a limited, personal, non-transferable,
non-sublicensable and revocable license to access and use the Platform (or any
part of it or its contents) for your own personal use and may not copy,
reproduce, republish, upload, re-post, modify, transmit, distribute or
otherwise use the Platform (or any part of it or its content) in any way for
non-personal, public or commercial use without prior written consent from Pilates
Barre Lovers
b)
you may not remove or modify any copyright, trademark
or other proprietary notices that have been placed in any part of the Platform;
and
c)
you may not use any data mining, robots or similar
data-gathering or extraction methods. Pilates Barre
Lovers reserves the right to monitor your use of the Platform and to alter or
revoke your license or your access to the Platform at any time and for any
reason. Your license shall terminate upon the expiry or termination of your
User Account.
Contributed Content:
a)
By posting or otherwise providing Contributed Content,
you grant Pilates Barre Lovers a non ‐ exclusive,
royalty ‐ free, transferable, sub-licensable, irrevocable, perpetual worldwide
licence and right to use (including commercial use), distribute, reproduce, display
and otherwise make available such Contributed Content on and through the
Platform (and across different media for any purpose) and you waive (and to the
extent that you cannot so waive agree irrevocably not to assert) any and all
moral rights to which you may be entitled anywhere in the world in respect of
such Contributed Content.
b)
You represent and warrant that you own and control all
of the rights to the Contributed Content, and have the lawful right to post or
otherwise provide such Contributed Content on and through the Platform and
otherwise provide Pilates Barre Lovers with such Contributed Content.
6. Third Party Services and Content
In using the Platform, you may view content provided
by third-parties, including links to web pages and services of such parties
("Third Party Content"). Unless expressly stated otherwise, Pilates
Barre Lovers does not control, endorse or adopt any Third Party Content and has
no responsibility for Third Party Content including material that may be
misleading, incomplete, erroneous, offensive, indecent or otherwise
objectionable in your jurisdiction.
Your dealings or correspondence with such third parties are solely between you and the third party. Pilates Barre Lovers is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings, and you understand that your use of Third Party Content, and your interactions with third parties, is at your own risk.
If you access the Platform through or using any services or software provided by third parties, you acknowledge and agree that Pilates Barre Lovers is not responsible or liable for any loss or damage of any kind incurred as a result of your use of such third party services or software.
7. Limitations of Liability, Disclaimer, Indemmity
Limitation of Liability:
a)
Nothing in these Terms of Use shall exclude or
restrict Pilates Barre Lovers's liability for; (a) fraud or fraudulent
misrepresentation; (b) any other matter that cannot be excluded or limited
under Applicable Laws; or (c) the indemnities set out in Clause 7.3 and
paragraph 1(c) of the Post-Pregnancy Program Addendum (where applicable).
b)
Subject to the foregoing, to the maximum extent
permitted by Applicable Laws:
i)
in no event shall Pilates Barre Lovers, its affiliates
and its and their respective shareholders, members, directors, officers,
employees, attorneys, agents, representatives, suppliers and contractors
(collectively, "Associated Parties") be liable for any:
A)
indirect or consequential loss, death or personal
injury occurring during the use of the Platform
or
B)
loss of profit, business opportunity, anticipated
savings, revenue or goodwill,
in each case, whether arising from breach of contract, tort (including negligence), breach of statutory duty or otherwise, arising out of or in connection with authorised or unauthorised use of the Platform, or these Terms of Use; and
ii)
Pilates Barre Lovers and the Associated Parties'
aggregate liability in contract, tort, or otherwise (including any liability
for any negligent act or omission) howsoever arising out of, or in connection
with, the performance of its obligations under these Terms of Use in respect of
any one or more incidents or occurrences shall be limited to the greater of (a)
the total amount of fees received by Pilates Barre Lovers or the Associated
Parties from you in connection with your use of the Platform in the twelve (12)
month period prior to the date of the first incident or series of connected
incidents giving rise to a claim made by you under these Terms of Use, and (b)
USD 100.00.
Disclaimers:
a)
To the maximum extent permitted under Applicable Laws,
the Platform and any product, service or other item provided by or on behalf of
Pilates Barre Lovers are provided on an "as is" and "as
available" basis and Pilates Barre Lovers expressly disclaims, and you
waive, any and all other warranties of any kind, whether express or implied, including
implied warranties of merchantability, fitness for a particular purpose, title
or non-infringement or warranties arising from course of performance, course of
dealing or usage in trade. Without limiting the foregoing, Pilates Barre Lovers
does not represent or warrant that the Platform is accurate, complete,
reliable, current or error-free, or free of viruses or other harmful
components.
b)
The features on the Platform that promote physical
activity, nutrition or general wellness are for your informational purposes
only and are not intended as medical advice or services, or for diagnostic or
treatment purposes. Before engaging in any physical activity or making any
changes to your diet or lifestyle, we suggest seeking advice from your relevant
health care professional. Never disregard any advice from a health care
professional because of something that you have read on the Platform. To the maximum
extent permitted under Applicable Laws, Pilates Barre Lovers is not responsible
or liable for any loss or damage of any sort incurred that result from your use
of, or inability to use, the features of the Platform.
Indemnification:
To the maximum extent permitted by Applicable Laws, you agree to indemnify and hold harmless immediately upon demand Pilates Barre Lovers and the Associated Parties from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense including reasonable attorneys' fees, in any way arising out of, in relation to or in connection with directly or indirectly:
a)
your use of, or conduct in connection with, the
Platform;
b)
your breach of these Terms of Use or any other policy;
c)
the Contributed Content you provide; or
d)
your violation of any Applicable Laws or the rights of
any other person or entity.
You will provide
Pilates Barre Lovers and the Associated Parties with any assistance that Pilates
Barre Lovers and the Associated Parties reasonably requests in defending any
such action or proceeding.
8. Changes and Updates to Platform, Terms of Use
Pilates Barre
Lovers may terminate or modify any feature or part of the Platform at any time
without notice. Pilates Barre Lovers may also revise and update these Terms of
Use at any time in its sole discretion by posting an updated Terms of Use on
the Platform. All such changes to the Terms of Use are effective immediately
when posted to the Platform and apply to all access to and use of the Platform
(including orders placed on the Platform) thereafter. Your continued use of the
Platform following the posting of such revised Terms of Use constitutes your
acceptance and agreement to the changes which are binding on you.
9. Complaints, Governing Law and dispute Resolution
a)
If you have any questions, feedback or
complaints, please contact the Pilates Barre Lovers team at the following
email address: info@pilatesbarrelovers.com.
b)
These Terms of Use (including a dispute relating
to its existence, validity or termination) and any non-contractual
obligation or other matter arising out of or in connection with it are
governed by Swiss law. The courts of Switzerland have exclusive jurisdiction
to settle any dispute arising from or connected with these Terms of Use.
c)
If you are a consumer for the purposes of the
laws of the country of which you are resident, you may benefit from any
mandatory provisions of such laws. Nothing in these Terms of Use,
including this Clause 9, affects your rights as a consumer to rely on
such mandatory provisions of law.
10. General
a) Force majeure event
A "Force Majeure Event" means any event
beyond Pilates Barre Lovers's reasonable control, including flood, extraordinary
weather conditions or earthquake, or other act of God, fire, war, insurrection,
riot, labour dispute, accident, action of government, communications, power
failure, or equipment or software malfunction.
If a Force Majeure Event occurs that affects Pilates Barre Lovers's ability to perform its obligations under these Terms of Use, the Pilates Barre lovers team will contact you as soon as reasonably possible to notify you and Pilates Barre Lovers's obligations under these Terms of Use will be suspended and the time of performance of our obligations will be extended for the duration of the Force Majeure Event.
b) Data Privacy
We will only use
your personal information as set out in Pilates Barre Lovers's Privacy Policy
(as amended from time to time) available at the following webpage: https://www.pilatesbarrelovers.com/en/privacy/index.php.
c) Transfers
Pilates Barre
Lovers may transfer its rights and obligations under these Terms of Use to
another entity, but this will not affect your rights or Pilates Barre Lovers's
obligations under these Terms of Use. You may not transfer your rights and
obligations under these Terms of Use to another person.
d) Validity
If any provision
of these Terms of Use is deemed unlawful, void or unenforceable, that provision
shall be deemed severed from the remaining provisions and shall not affect
their validity and enforceability.
e) Waiver
No waiver of any
provision hereof shall be valid unless in writing and signed by the parties.
Any failure to enforce any right or remedy hereunder shall not operate as a
waiver of the right to enforce such right or remedy in the future or of any
other right or remedy.
f) Relationship of the parties
Nothing in the
Terms of Use: (a) is intended to, nor shall create or be deemed to create, any
partnership, joint venture, agency, consultancy or trusteeship, or (b) shall
give rise to any fiduciary or equitable duties owed by Pilates Barre Lovers to
you.
g) Third party rights
A person who is not a party to these Terms of Use has
no right whether by applicable statute or otherwise to enforce any term of
these Terms of Use.
11. Post-Pregnancy Program Addendum
These provisions apply when you participate in the Post-Pregnancy Program
offered by Pilates Barre Lovers on the Platform. If you do not agree to these
provisions, you must not participate in the Post-Pregnancy Program. When
participating in any of the Post-Pregnancy Programs, you represent,
warrant and acknowledge the following:
a)
you are participating in the Post-Pregnancy Program
entirely at your own risk, and acknowledge that if you make any modifications
to the Post-Pregnancy Program while participating in the Post-Pregnancy
Program, or if you undertake, while pregnant, any Pilates Barre Lovers Program
or workout not recommended by Pilates Barre Lovers, you also do so entirely at
your own risk. In addition, you understand that, in participating in the
Post-Pregnancy Program, there is (amongst other potential health risks), a risk
of organ prolapse, back pain, bladder leakage, poor C-section scar healing, and
the rate of reduction of diastasis recti (abdomen separation post birth). You
acknowledge that these matters can all be affected by the pace, frequency and
nature of exercise that you engage in post pregnancy and that you need to use
caution and seek professional health advice if you are at all unsure about your
health or fitness to continue, or health concerns arise after, you have
undertaken any exercise as part of the Post-Pregnancy Program;
b)
you have obtained and relied on the medical clearance
of your doctor, physician, obstetrician or other medical professional in
determining to participate (and once commenced, to continue participating in)
the Post-Pregnancy Program;
c)
Pilates Barre Lovers makes no representation or
warranty that any particular fitness, nutrition or health program is suitable,
safe or adequate for any particular User. Accordingly, Pilates Barre Lovers is
not aware of and cannot determine your individual suitability for the
Post-Pregnancy Program. To the maximum extent permitted by Applicable Laws, you
will indemnify Pilates Barre Lovers and the Associated Parties and hold them
harmless against all claims, demands, lawsuits, actions, proceedings,
investigations, liabilities, damages, losses, costs or expenses including
reasonable attorneys' fees, in any way arising out of, in relation to or in
connection with directly or indirectly:
i)
your participation in the Post-Pregnancy Program; or
ii)
your breach of any of the provisions of the
Post-Pregnancy Program Addendum;
d)
any information provided by you to Pilates Barre
Lovers in connection with the Post-Pregnancy Program, including the fact that
you have received medical clearance to participate in the Post-Pregnancy
Program, is true, and you further acknowledge that Pilates Barre Lovers has
relied on this representation in assuming that you can participate safely in
the Post-Pregnancy Program; and
e)
you know that you need to stop exercising and seek
medical advice if at any time during or after having undertaken any exercise as
part of the Post-Pregnancy Program, you feel generally unwell or experience
pain or discomfort, lower back or abdomen pain, or any other form of pain or
symptoms (including without limitation any symptoms that your doctor,
physician, obstetrician or other medical professional advised you of prior to engaging
in the Post-Pregnancy Program, or at any time thereafter).