Terms + Conditions

Please read through the terms and conditions thoroughly before enrolling. When enrolling as a student of Good Times Pilates (5/19-35 Gertrude Street Fitzroy, 400 High Street Northcote, 172 Sydney Road Brunswick) you agree to the terms and conditions as laid out on the Good Times Pilates website goodtimespilates.com.au.

Reformer General Terms and Conditions

1. The First Time Teaser Introductory Offer (valid for 14 days) is only available to brand new clients. You can only purchase the introductory offer once. The introductory offer is non-refundable nor transferable and will activate from the date of your first class booking. Clients found to be buying the First Time Teaser more than once will be suspended and charged any additional class costs they may have incurred.

2. Good Times Pilates reserves the right to cancel classes with minimum numbers booked in. You will be contacted via text 2 hours prior to the start of class should it need to be cancelled and your session returned.

3. Cancellations made -6 hours prior to class start time will forfeit that session. No-shows and absences will forfeit that session. UNLIMITED CLUB MEMBERS will incur a $20 No Show fee for all classes they’re marked absent for and a $10 Late Cancel fee for all classes canceled within 6 hours of class. A Late Cancel 30 minutes before class is considered a No Show. SESSION BASED MEMBERS will incur a $20 No Show fee for all classes they’re marked absent for and a $5 Late Cancel fee for all classes canceled within 6 hours of class. ALL MEMBERS will receive 1 fee waiver per calendar month.

4. Payment must be made prior to booking. To book into a class you must either have pre-purchased sessions in your account or pay at the time of booking in the studio.

5. Arriving at the start of class or after is considered late. If you’re late you forfeit the session and are considered a No Show. Empty reformers at the start of class will be given to our waitlisted or walk-ins clients.

6. Owners and/or teachers reserve the right to restrict clients to a particular class type for safety reasons; and owners and/or teachers reserve the right to turn clients away if they do not have the correct medical clearance.

7. If a class you want is full, you can sign up for the waitlist. Should a place become available you will receive either an email or text to let you know you got into class. If you do not respond to the text/email we assume you’re coming and the system will automatically add you in.

The cancellation policy is the same for waitlisted classes. If you respond N to the notification + class starts within 6 hours, it’s a late cancellation and you may be charged a late fee/pass is forfeited. Remove yourself from a waitlist class if you know you cannot attend so the next person on the list moves up.

8. Class Packs are valid for 12 months from purchase date. Sessions are non-refundable, are not transferable and can be extended if you are injured, in which case we will request a medical certificate. Extensions due to medical reasons must be requested before the expiry date. 

9. Monthly Passes are valid for 30 days from the date of your first class booking. Sessions are non-refundable, are not transferable and can be extended if you are injured, in which case we will request a medical certificate. Extensions due to medical reasons must be requested before the expiry date.

10. Sessions are not transferrable to another individual and cannot be used by another person. If someone other than the person booked into the class arrives to use the session, they will be asked to create an account and purchase their own sessions.

11. Gift cards can be used for Pilates classes and product at Good Times Pilates. They are not redeemable for cash and are non transferable. Good Times Pilates does not offer refunds, transfers, suspensions or extensions on Gift Cards for change of mind, injury, illness, change of address or any other reason. All purchases are final and in accordance with the Australian Competition and Consumer Commission.

12. Teasers and Class Packs are redeemable at the studio location of purchase only. Transferring a Teaser or Class Pack to another location incurs a $5 processing fee and can be arranged by emailing hello@goodtimespilates.com.au

13. Club Memberships can be used across all Good Times Pilates locations.

14. 1 Year Upfront pricing options activate on January 1 and expire on December 31 of the year of purchase. The allocated monthly classes will expire at the end of each calendar month. Sessions are non-refundable, are not transferable and can be extended if you are injured, in which case we will request a medical certificate. Extensions due to medical reasons must be requested before the expiry date.

15. Students and Concession Card holders are eligible for a 10% discount on all pricing options except for introductory offers. Proof via photo of Concession Card or Student card must be emailed to hello@goodtimespilates.com.au. Access to the discount expires at the end of each year and must been renewed if still applicable.

16. Access to the discounted Industry 10 Pack is available to Pilates teachers, students, studio managers and other industry professionals. Proof of enrolment or employment must be emailed to hello@goodtimespilates.com.au. Access to the discount expires at the end of each year and must been renewed if still applicable.

Reformer Class Cancellation Policy

Our 6 hour cancellation policy is in place so all GTP community members have the chance to attend classes. You can cancel a class the same way you booked in. We can't accept cancellations via email, phone or social media.

  • Cancellations made more than 6 hours before class will get the session back

  • Late cancellations made less than 6 hours before class with forfeit the session

  • No-Shows and absences will forfeit the session

  • Being late is considered a no-show

UNLIMITED CLUB MEMBERSHIPS

No Shows will incur a $20 fee

Late Cancels will incur a $10 fee

Late Cancel 30 mins before class is considered a No-Show and will be charged as one.

Club Members will have 1 fee waived per calendar month

Fees are charged to the card on file 48 hours after

SESSION-BASED CLUB MEMBERSHIPS

No Shows will incur a $20 fee

Late Cancels will incur a $5 fee

Late Cancel 30 mins before class is considered a No-Show and will be charged as one.

Club Members will have 1 fee waived per calendar month

Fees are charged to the card on file 48 hours after

WAITLISTS

If a class you want is full, sign up for the waitlist. If/when a place becomes available you’ll get an email or text to let you know you got into class. If you don’t reply we assume you’re coming! The 6 hour cancellation policy applies to waitlisted spots too, so if you can no longer make it to class, cancel your waitlist.

Reformer Club Membership Terms + Conditions

Includes:

  • Club Membership | 1 Class / Week

  • Club Membership | 2 Classes / Week

  • Club Membership | 3 Classes / Week

  • Club Membership | Unlimited Week

1. All Memberships operate on a 7 day autopay schedule from the credit card stored in Mindbody (a secure system).

2. Memberships will continue with scheduled autopays unless Good Times Pilates is notified of a termination request in writing (see Termination Policy below).

3. Memberships may be subject to price increase and will be notified of one in writing 4 weeks prior to any change.

4. Club Memberships can be used across all Good Times Pilates locations.

5. New Club Memberships are subject to a minimum six week lock-in contract after which, cancellation can be arranged anytime in writing (see Termination Policy below). Club Memberships can be updaded/downgraded within the 6 week minimum contract.

6. Unlimited Club Memberships will incur a $20 No Show fee for all classes they’re marked absent for and a $10 Late Cancel fee for all classes cancelled within 4 hours of class. A Late Cancel 30 minutes before class is considered a No Show. Session-based Club Memberships will incur a $5 fee for all late cancels and a $20 fee for no shows. All Club Members will receive 1 fee waiver per calendar month.

7. Club Memberships 2 and 3 Classes / Week can purchase additional sessions at $22 per class. This is the responsibility of the member to arrange prior to taking class via purchasing individual sessions. Additional sessions will be valid for 7 days from purchase. If during the weekly cycle, an extra session is taken and shows as unpaid or owing, $22 will automatically be charged to the card on file per session booked, regardless of late cancel or no show.

8. Failed Membership payments will incur a $10 fee for every day the payment fails to process. This fee will be processed as a debit on the clients MindBody account which will be processed with the Membership payment.

9. On the third day of payment failing to process all booked classes will be cancelled and the Membership will be placed on hold. The failed Membership charge, plus any outstanding fees will be processed as a debit on the clients MindBody account, to be balanced within 7 days or the account will be terminated.

MEMBERSHIP SUSPENSIONS

1. At least 1 week's written notice is required for membership suspensions/holds. This ensures that the correct measures are put in place to cease credit card payments that are scheduled for the given period.

2. Membership suspensions can only be arranged in line with the current autopay cycle. They must begin on the first day of a 7 day cycle and in line with the following;

3. Suspensions can only be processed for a minimum of 7 days (1 week) and a maximum of 56 days (8 weeks)

4. Suspensions are unlimited. Please email requests to hello@goodtimespilates.com.au.

MEMBERSHIP TERMINATION POLICY

1. Good Times Pilates requires at least 1 weeks written notice to terminate membership. Please email request to hello@goodtimespilates.com.au.

2. New Club Memberships are subject to a minimum six week lock-in contract after which termination can be arranged anytime in writing.

3. In the case of long term or permanent injury or illness that prevents the use of our services, immediate membership termination will be permitted. Termination will take effect from the date we receive written confirmation from a medical doctor.

4. Good Times Pilates may terminate a membership without notice for inappropriate, offensive or illegal behaviour, as determined by us, which occurs on our premises or is directed at our staff or other members.

Reformer Returns + Refund Policy

Refunds will only be given in line with Victorian Consumer Affairs regulations. Refunds for any circumstance unforeseen by or external to the business will incur a processing fee of $5 per transaction being refunded.

Refunds are processed directly to bank accounts minus the processing fee/s.

Activation dates can only be extended for medical reasons.

Sessions are unable to be transferred to another person or location.

Online Shop Returns + Refund Policy

Refunds and returns will only be given in line with Victorian Consumer Affairs regulations.

If a purchased item is faulty, damaged or never arrives, at no fault to the customer, a full refund via bank deposit or replacement at the cost of the business will be offered.

If a purchased item is the incorrect size, a replacement item can be purchased at cost to the consumer.

Online Club Membership Terms & Conditions

Please read through the terms and conditions thoroughly before subscribing. When joining Good Times Pilates Online, you agree to the terms and conditions as laid out on the Good Times Pilates website goodtimespilates.com.au

  • These Terms of Services are applicable to all users of an online media services and content distribution Services and community providing Services to through its website video streaming Services located under www.goodtimespilates.com.au and related domains, sub domains, and mobile and desktop applications & TV (individually and collectively the “Services”). These Terms govern your use of the Good Times Pilates Services, including all functionalities, features, Streaming Services, audio, visual, written media, PDF, Website links and user interfaces, and all content and software associated with the Services as provided by Good Times Pilates (the “Company”).

  • The Company shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Service without notice or liability to you. Any changes to these Terms of Service shall be effective immediately following the posting of such changes. You agree to review these Terms of Service from time to time and agree that any subsequent use by you of the Services following changes to these Terms of Service shall constitute your acceptance of all such changes.

  • The Company shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Service without notice or liability to you. Any changes to these Terms of Service shall be effective immediately following the posting of such changes. You agree to review these Terms of Service from time to time and agree that any subsequent use by you of the Services following changes to these Terms of Service shall constitute your acceptance of all such changes.

  • Users accessing the Services must be at least thirteen (13) years of age. Users registering for the Services and uploading User Generated Content must be at least eighteen (18) years of age. The Company makes no claims that the Services may be lawfully accessed in any specific location. Access to the Services may not be legal by certain persons or in certain states or certain countries, or may require government authorisation or registration. When you access the Services you are solely responsible for compliance with the laws and regulations of your jurisdiction.

  • The Services may be used only for lawful purposes relating to streaming and related materials. The Company specifically prohibits any use of the Services, and all users agree not to use the Services, for any purposes other than designated by the Company.

    You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Services, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) scraping or harvesting data or (f) the use of robots to skew payouts..

    Violations of system or network security or inappropriate conduct may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement entities in prosecuting users who are involved in such violations.

  • You are solely responsible for the information you input or upload to the Services, and warrant and represent you have the right and authorisation to register for the Services and post User Generated Content. The Company reserves the right in its sole discretion to decide whether the information you input or upload is appropriate and complies with the Terms of Service, other Company policies, and applicable laws and regulations.

    If you register for the Services, you will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate, and will be kept up-to-date.

    Your privacy rights are set forth in our Privacy Policy located at www.goodtimespilates.com.au/privacy-policy

    Company reserves the right to offer Company or third party services and products to you based on the preferences that you identify in your registration and at any time thereafter, unless you opt-out of receiving third party services and products.

  • You are responsible for maintaining the confidentiality of your information as it relates to the Services, including your username and password, and are responsible for all uses of your username and password whether or not authorised by you. If you wish to have someone else use your device, it is important you always log out so no other individual will have access to your content.

    You agree to immediately notify the Company of any unauthorised use of your username and password.

  • The Services are offered only for video streaming and related materials and is only a conduit for video streaming and related materials.

    Each user is solely responsible for deciding whether the Services offered are suitable for your own purposes and whether the Services match your needs.

    The Company grants you a limited, non-exclusive license to access and use the Services for your own personal and non-commercial purposes. This includes rights to view content on Company’s website and applications.

    If you elect to access any component of the Services for which there is a fee, you agree to pay all fees and charges associated with your account on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. Each user agrees to maintain valid credit card information as part of your account information when applicable.

  • The Services may allow you to access digital content on a pay per view basis, subscription basis, rent, or purchases. The basis on which digital content is available on the Services will be indicated on the product detail page for which you may purchase the digital content. Subject to your payment of any applicable fees, purchases, subscriptions, rent or pay per view, the Company grants you a non-exclusive, non-transferrable, personal, non-sub licensable, limited right and license to view the video stream based upon the applicable fees, purchases, subscriptions, rent or pay per view selected by you.

    The Company makes no guarantees as to the resolution and quality of your digital content when streaming. The quality and speed of your stream of digital content has many different variables, including your connection speed, location, download speeds, devices, player and bandwidth.

  • The digital content available under specific payment plans, including pay per view, subscription, membership, or rent will change from time to time at the sole discretion of the Company. The Company makes no guarantee as to the availability of a specific payment plan.

    By purchasing a payment plan, you expressly agree that we are authorised to charge your selected payment plan on the Payment Method you designate. You can update change this information at anytime by logging into your video library, and clicking the settings tab under the username.

    Receipts are sent once the charge is successful to the registered email account. Your subscription will continue in effect unless and until you cancel your subscription or we terminate it. You must cancel your payment plan according to the terms of that specific plan prior to the next charge in order to avoid billing.

  • While the Company values user feedback, please be specific in your comments and do not submit creative ideas, inventions, or suggestions.

    If, despite our request, users send creative ideas, inventions, or suggestions, all such submission shall be the property of the Company in whole or in part. The Company shall own exclusively all now known or later discovered rights to the submissions and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to users or any other third party.

    No part of the submissions shall be subject to any obligation of confidence and the Company shall not be liable for any use or disclosure.

  • Good Times Pilates and any other Company trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of the Company, and any unauthorised use of such trademarks and trade names is prohibited.

    The Services (including without limitation all programs, complied binaries, interface layout, interface text, documentation, resources and graphics) is the sole and exclusive property of the Company and is protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries.

    You agree that Good Times Pilates owns and retains all rights to the Services and that is content is solely owned and controlled by the content provider and all such material are protected and copyrighted, trademarked and protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries.

    You may not sell or modify the Services content or the Services, or reproduce, display, publicly perform, distribute, or otherwise use the Services in any way for any purpose.

  • Users may have the option to Twitter, Facebook or other social networking Services through the Services to share links and content. Users undertake this option as their sole responsibility, including but not limited to complying with all of the terms and conditions of the social networking Services.

  • If the Services require or include downloadable software such as an app, or use of software provided by the Company for Publishers, the Company grants a personal, limited, non-exclusive and nontransferable license to use the Software, all portions thereof, all documentation, and all updates (individually and collectively the “Software”) only for the purposes relating to video streaming and related activities through www.goodtimespilates.com.au

    Users shall not modify, alter, create derivative works, decompile, reverse engineer, disassemble, include in other software, translate the Software, or use the Software for any other purpose.

    Users shall not copy, reproduce, transmit, rent, lease, resell, sublicense, assign, distribute or otherwise transfer the Software or this license.

    This License does not allow users to use the Software on any device that the user does not own or control, and user may not distribute or make the Software available over a network where the Software could be used by multiple devices at the same time.

    Users agree that the Software, including the specific design and structure, constitute proprietary and confidential information, trade secrets and/or intellectual property of the Company. You agree not to disclose, provide, or otherwise make available such proprietary and confidential information, trade secrets or copyrighted material in any form to any third party, or use the proprietary and confidential information, trade secrets or copyrighted material for your own benefit or for the benefit of any third party.

    Users acknowledge and agree that use of the Software may require the Company to acquire user’s mobile phone number and perhaps additional such information in order to obtain access Software.

    Users agree that the Company may collect and use technical data and related information that is gathered periodically to facilitate the provision of updates, product support and other services. The Company may use this information, as long as it is in a form that does not personally identify a user.

    The Company shall have the right, and you agree, that in its sole discretion and with reasonable posted notice and/or sent to your email address, to revise, automatically update, or otherwise modify the Software, at any time. Users continued use of the Software constitutes acceptance of and agreement to such changes.

    This License is effective until terminated the user or the Company at its sole discretion. User’s rights under this license will terminate automatically without notice if user fails to comply with any terms of this License. Upon termination, user shall cease all use of the Software and delete all versions of the Software possessed by the user.

    The warranty and limitation of liability provisions set forth below apply also to the use of the Software.

  • If you believe that any copyrighted work is accessible through the Services in a way that constitutes copyright infringement, please notify the Company by providing our designated copyright agent with the following information:

    The physical or electronic signature of either the copyright owner or of a person authorised to act on the owner's behalf;

    A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;

    Identification of the URL or other specific location on the Services where the material or activity you claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;

    Your name, address, telephone number, and e-mail address;

    A statement by you, made under penalty of perjury, that (i) the information you have provided is accurate and that you are the copyright owner or are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and (ii) you have a good faith belief that use of the copyrighted materials is not authorised by the copyright owner, any agent of the copyright owner, or the law.

    If you believe in good faith that a notice of copyright infringement has been wrongly filed against, you can send the Company a counter-notice that includes the following:

    Your name and address, and telephone number;

    The source address of the removed content;

    A statement under penalty of perjury that you have a good faith belief that the content was removed in error; and

    A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the Website may be found, and that you will accept service of process from the person who provided the original complaint.

  • THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

    THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL MEET USER REQUIREMENTS OR BE OF BENEFIT, THAT THE OPERATION OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS ASSOCIATED WITH THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA.

    THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICES OR USER GENERATED CONTENT OFFERED OR ANY OTHER CONTENT ACCESSED THROUGH THE SERVICES.

    THE TRANSMISSION OF DATA OR INFORMATION INCLUDING COMMUNICATIONS BY E-MAIL OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE USERS MAY EXPERIENCE OR COSTS USERS MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL. IN NO EVENT WILL SUCH DATA OR INFORMATION BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS ON THE COMPANY’S PART, OR RESULT IN ANY LIABILITY TO YOU IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED OR ACCESSED BY THIRD PARTIES WITHOUT CONSENT.

    THE COMPANY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE INFORMATION YOU HAVE UPLOADED TO THE SERVICES AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF SUCH INFORMATION, OR FAILURE TO STORE ANY OF SUCH INFORMATION. NOR IS THE COMPANY RESPONSIBLE FOR LOSS OF INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE COMPANY’S CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THEIR INFORMATION.

    TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM USE OF THE SERVICES OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, UNAUTHORISED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, BODILY INJURY, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS SERVICES OR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE SERVICES.

    THE COMPANY IS NOT RESPONSIBLE FOR DELETION OR LOSS OF FILES OR INFORMATION UPLOADED TO THE SERVICES. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL FILES AND INFORMATION UPLOADED TO THE SERVICES.

  • IN ADDITION TO ANY LIMITATION OF LIABILITY SET FORTH HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORISED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES.

    THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF THE COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE SERVICES.

  • USERS AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF THE SERVICES; (II) ANY USER GENERATED CONTENT OR COMMUNICATIONS, OR (III) YOUR BREACH OF THE TERMS OF THIS AGREEMENT. THE COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. THE COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION.

  • By using the Services you consent to receive electronic communications from the Company. These communications will include, emails about account, password, access, marketing, transactional and other information related to the Services and to your account.

  • Nothing in this Agreement is intended to create or will be construed as creating a joint ventures, partnership, employer/employee or principal and agent relationship between users and the Company.

    These Terms of Service shall be governed by and construed in accordance with the laws of the State of Victoria applicable therein, without regard to conflict of laws and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). You irrevocably consent to the exclusive jurisdiction of the courts located in the in the State of Victoria in connection with any action arising out of or related to these Term of Service and waive any objection based on lack of personal jurisdiction, place of residence, improper venue forum non-convenience in any such action.

    If any court having competent jurisdiction holds any provision of this Terms of Service invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Terms of Service shall continue in full force and effect.

    The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorised representative.

    You may not assign these Terms of Service or any of your rights or obligations hereunder.

    Except as expressly specified herein, this Agreement shall create rights and obligations only between the Company and each individual user and it does not create any rights for any other parties.