MOBILE APP TERMS AND CONDITIONS OF USE – SERVICES

PLEASE READ THESE TERMS AND CONDITIONS (‘TERMS’) CAREFULLY BEFORE USING THE APPLICATION AND WEBSITE

1. Who we are and how to contact us

1.1. www.perfectpelvicfloor.com is a website (‘Website’) and Perfect Pelvic Floor is a mobile Application and Website (‘Application and Website’) which are operated by Perfect Pelvic Floor Pty Ltd (ACN 661 215 247) (PPF, we, us and our’).

1.2. To contact us, please email melanie@perfectpelvicfloor.com

1.3. We provide pelvic floor exercise programs, Pilates exercises and related health and wellness information via the Application and Website from time to time (‘Services’). Reference to the Application and Website, includes the Services.

2. By using our Application and Website you accept these Terms

2.1. You accept the Terms by using or browsing the Application and Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by PPF in the user interface.

2.2. If you do not agree to these Terms, you must not use our Application and Website. You agree you are at least 18 years old to make any purchases on our Application and Website.

2.3. We are the owner or the licensee of all intellectual property rights in our Services, Application and Website, and in the material published on it. Nothing in these Terms transfers any rights to you. All such rights are reserved.

3. We may make changes to these Terms

3.1. We may amend these Terms from time to time. Every time you wish to use our Application and Website, please check these Terms to ensure you understand the Terms that apply at that time.

3.2. These Terms were most recently updated on 20th October 2022.

4. We may make changes to our Application and Website

4.1. We may update and change our Application and Website from time to time to reflect changes to our Services, our users’ needs, changes in law and our business priorities.

5. We may suspend or withdraw our Application and Website

5.1. We do not guarantee that the Services, the materials, our Application and Website, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Application and Website or products for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

5.2. This Application and Website is provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Application and Website or Services.

6. Our Program

6.1. PPF will provide the following Programs to you through the Application and Website: (a) Pelvic Floor for Pregnancy Program; (b) Pelvic Floor for New Mum’s Program; (c) Pelvic Floor for Men Program; (d) Pelvic Floor Perfection Program; and (e) All related exercise, health and wellness videos, recipes, print-out and information sheets (“Materials”)

6.2. We will prepare the Program and the Materials with reasonable skill and care and in accordance with these Terms and all relevant laws.

6.3. You may not disclose any Materials, or make the benefit of the Program available, to anyone else except: (i) as stated in these Terms; (ii) with our prior wriben consent; or (iii) where required by law or regulation.

6.4. The Materials may be made available to you through email marketing or other social media pladorms.

6.5. The Programs are curated by physiotherapists registered with the Australian Health Practitioner Regulation Agency. Please contact us if you would lie any further details of the registrations.

7. Registration

7.1. In order to access the Services, you must register for an account through either the Application and/or Website before you can access the Services (‘Account‘).

7.2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including, email address, preferred username and password.

7.3. You warrant that any information you give to PPF in the Program of completing the registration process will always be accurate, correct and up to date.

7.4. Once you have completed the registration process, you will be a registered member of the Application and Website (‘Member‘) and agree to be bound by the Terms.

8. Subscription

8.1. Once you are a Member you may purchase a subscription to a Program through the Application and/or Website (‘Subscription‘) and pay the applicable fee for the selected Subscription (‘Subscription Fee‘).

8.2. Upon payment of the Subscription Fee, you will be granted immediate access to the Program and Services until the subscription period (as stated at the time of purchase) expires (‘Subscription Period‘).

8.3. In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use and physical ability.

8.4. The Subscriptions are provided by way of various subscription packages, which will vary from time to time (this includes, but is not limited to, costs, inclusions and frequency of videos).

9. Your obligations as a Member

9.1. As a Member, you agree to comply with the following: (a) you will use the Services only for purposes that are permibed by: (i) the Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; (b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services. You must immediately notify us of any breach of your details; (c) any information and content within the Application and Website is confidential and proprietary in nature and, to this end, must not, under any circumstances, be copied or disclosed to any person without our prior wriben consent or required by law; (d) you will not use the Services or the Application and Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of PPF; (e) you will not use the Services or Application and Website for any illegal and/ or unauthorised use which includes collecting email addresses of Members data and sending unsolicited emails; (g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application and Website without notice and may result in termination of the Services. Appropriate legal action will be taken by PPF for any illegal or unauthorised use of the Application and Website; and (h) you acknowledge and agree that any automated use of the Application and Website or its Services is prohibited.

10. Payment

10.1. Subscriptions may be made in Australian Dollars, in one lump sum for the Subscription Period, or paid in monthly instalments throughout the Subscription Period.

10.2. Where the option is given to you, you may make payment of the Subscription Fee by way of Apple IAP, the Google Play Store, or credit card payment.

10.3. All payments made in the Program of your use of the Services are made using the relevant App Store’s billing system, pr Stripe payment gateway. In using the Application and Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Apple IAP, Google Play Store or Stripe terms and conditions which are available on their websites.

10.4. You expressly authorise us to automatically charge your credit, debit card or other payment method for each Subscription Fee, without further authorisation from you.

10.5. All payments made in advance are non-refundable, unless agreed to by us in accordance with the Refund Policy. We will cancel your subscription if the Subscription Fee is not paid in advance.

10.6. You agree and acknowledge that PPF can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

11. Refund Policy

11.1. PPF will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of PPF makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances . Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the ‘Refund‘).

12. Copyright and Intellectual Property

12.1. The Application and Website, the Program, Services and all of the related products of PPF are subject to copyright.

12.2. We own the intellectual property rights in the Application and Website, Program, Services and any Materials, and you will have a non-exclusive, non-transferable licence to use the Application and Website and any materials we provide to you for your own personal purposes.

12.3. You may not, without the prior wriben permission of PPF and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms.

13. Privacy

13.1. PPF takes your privacy seriously and any information provided through your use of the Application and Website and/or Services are subject to PPF’s Privacy Policy, which is available on the Application and Website.

14. General Disclaimer

14.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

14.2. Subject to clause 14.2, and to the extent permibed by law all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded.

14.3. Before participating in any exercise you should consult your doctor or health care professional. In the event your health condition changes while using the Services, you agree to consult with your doctor prior to resuming any and all activities/exercises. All suggestions and/or instruction made by PPF concerning exercise, nutrition or health endeavour are neither diagnostic nor prescriptive and you should verify the same with your doctor and should evaluate such instructions and/or suggestions independently. Notwithstanding the foregoing, you warrant that you are in good health and that you are able to participate in PPF exercises/programs, without limitation.

14.4. All use of the Services are solely at your own risk. You understand and acknowledge that the activities/exercises, in which you will participate, come with inherent risk. You acknowledge PPF makes no claims as to the safety, results or the appropriateness of any program, activity and/or exercises for any particular individual.

14.5. All our information on both the Application and Website and in the Program and Services is informational only, not tailored to your specific circumstances and intended to assist you and does not in any way, nor is it intended to substitute medical, health or professional. Results are not guaranteed and vary depending on your individual circumstances. If you need medical advice, you should see a medical health professional.

15. Limitation of liability

15.1. PPF’s total liability arising out of or in connection with the Application and Website, Program, Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you, or the Subscription Fees.

15.2. You agree that we will not be liable for (i) loss of profit, goodwill, business opportunity, anticipated savings or benefits or (ii) indirect or consequential loss. 15.3. Nothing in the Agreement will limit a person’s liability for anything else that cannot be limited by law.

16. Competitors

16.1. If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of PPF. Competitors are not permibed to use or access any information or content on our Application and Website. If you breach this provision, PPF will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

17. Termination of Contract

17.1. The Terms will continue to apply until terminated by either you or by PPF as set out below.

17.2. You may terminate the Agreement at any time on 7 days notice via the Contact Us form on the Application or Website.

17.3. PPF has the right to suspend, and/or terminate your access to any part of the Application and Website or Services, for any reason (including a breach of these Terms) or may prevent your use of the Application and Website or Services with or without notice to you. You agree that you do not have any rights in the Application and Website or Services and that PPF has no liability to you if the Services are discontinued or your ability to access them is terminated.

18. Indemnity

18.1. You agree to indemnify PPF, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: (a) any direct or indirect consequences of you accessing, using or transacting on the Application and Website or the Services or abempts to do so; and/or (b) any breach of the Terms.

19. We are not responsible for viruses

19.1. We do not guarantee that our Application and Website will be secure or free from bugs or viruses or any other type of malicious code or sopware.

19.2. You are responsible for configuring your technology to access our Application and Website. You should use your own antivirus sopware.

20. We are not responsible for websites we link to

20.1. Where our Application and Website contains links to other Application and Websites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only and you access third party websites subject to the terms and conditions for those website.

20.2. You agree to read and be bound by the terms and conditions of the relevant App Store in which you downloaded this Application and Website.

21. App Store Terms

21.1. If you access or download our Application and Website from the Apple App Store, you agree to Apple’s Licensed Application and Website End User License Agreement and any Usage Rules set out in the App Store Terms of Service.

21.2. Otherwise if you access or download our Application and Website from the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application and Website.

22. Dispute Resolution

22.1. If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless both parties have abempted to resolve the dispute through mediation.

23. Governing Law and Jurisdiction

23.1. The Services offered by PPF is intended to be viewed by residents of Australia. The Terms are governed by the laws of Queensland, Australia. In the event of any dispute arising out of or in relation to the Application and Website or Services, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.