Website Disclaimer :
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About the Website
Welcome to https://www.capepilates.com.au/ (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).
The Website is operated by Cape Pilates (ACN ) (ABN 92978788659). Access to and use of the Website, or any of its associated Products or Services, is provided by Cape Pilates. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
Cape Pilates reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Cape Pilates updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept the Terms by remaining on the 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 Cape Pilates in the user interface.
Registration to use the Purchase Services
In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
Email address
Telephone number
Medical History
You warrant that any information you give to Cape Pilates in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
You may not use the Purchase Services and may not accept the Terms if:
you are not of legal age to form a binding contract with Cape Pilates; or
you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
Your obligations as a Member
As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:
the Terms; any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; 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 Purchase Services; any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Cape Pilates of any unauthorised use of your password or email address or any breach of security of which you have become aware; access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Cape Pilates providing the Purchase Services; you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Cape Pilates for any illegal or unauthorised use of the Website; and
you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
Third party sites
Our website may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Any information, advertisements or links to third party sites are purely for information purposes only and are not endorsements by us as to the quality, accuracy or completeness of the data, information or sites.
If you decide to access any of the third party websites advertised or linked, you do so entirely at your own risk and, as far as lawfully possible, we accept no liability or responsibility.
Discontinuance
We may, at any time and without notice to you, discontinue our Website, in whole or in part. We may also exclude any person from using our Website, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Warranties and disclaimers
To the maximum extent permitted by law, we make no representations or warranties about our website or the Content, including (without limitation) that:
•they are complete, accurate, reliable, up-to-date and suitable for any particular purpose
•access will be uninterrupted, error-free or free of viruses or
•our website will be secure.
You read, use and act on our Website and the Content at your own risk.
Limitation of liability
To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Website and/or the Content and/or any inaccessibility of, interruption to or outage of our Website and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
In no event will we be liable to any party for any direct, indirect, incidental, or consequential damages or losses whatsoever arising from access to, reliance on, or use of or downloading of information from the Website, (or any associated or linked online service), including, without limitation, damages for loss of profits, business interruption, loss or information or damage to systems due to viruses or other harmful components.
Indemnity
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our website or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Termination
These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
Severance
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Jurisdiction
Your use of our website and these Terms are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our website may be accessed throughout Australia and overseas. We make no representation that our website complies with the laws (including intellectual property laws) of any country outside Australia. If you access our website from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Website.
For any questions and notices, please contact us at: info@capepilates.com.au
Term Pass Validity:
A Term Pass is strictly valid only for the duration of the term.
Any remaining classes at the end of the term will be forfeited.
Class Rollover Option:
Yes, classes can roll over from one week to the next.
If you need to cancel a class one week, you can use that pass to book another class anytime before the end of the term, providing flexibility to accommodate unforeseen schedule changes.
Class Booking:
You can book the same class each week, or attend different classes, depending on your schedule and class availability.
For the same class each week, please contact us via email at info@capepilates.com.au to set up this option.
If you are auto enrolled into the same class each week and need to rebook a class you will have to contact Cape Pilates to do this.
If you cannot make your scheduled class, please cancel prior. Failure to attend without cancellation incurs a $10 late fee.
Non-Transferable Pass:
The Term Pass is non-transferable, and sharing with family or friends is not permitted to maintain the integrity of individual memberships.
Please note that term memberships are not applicable to concession class packs. Concession classes are booked in as casual classes.
Non-Refundable Term Pass:
A Term Pass is non-refundable once the term has commenced.
Studio Closure Policy:
In the event of studio closure (e.g., illness, staffing issues), your pass will be paused and then extended for the duration of the closure, ensuring you won’t be penalized for circumstances beyond your control.
Payment Options:
You can pay for a Term Pass via direct debit payment, allowing you to make fortnightly payments.
The direct debit payment option is only available if you contact us and set it up before the term starts. Please get in touch via email info@capepilates.com.au to learn more about using a payment plan.
These terms are designed to provide clarity and ensure a smooth experience for all Cape Pilates Studio members.
Complaint Policy
There may be times where Cape Pilates does not meet your expectations. In these circumstances we encourage you to let us know. We are committed to learning from your experiences as it will help us to continually improve the services we deliver.
Cape Pilates has a structured approach to resolving complaints.
1. Send Complaint
If you are dissatisfied with a product or service provided by us, you can lodge a complaint with us.
Please include in your complaint the following details:
(a)your name and contact details;
(b)the nature of the complaint;
(c)details of any steps you have already taken to resolve the complaint;
(d)details of conversations you may have had with us that may be relevant to your complaint and;
(e)copies of any documentation which may be relevant.
Please send your complaint to info@capepilates.com.au
2. Evaluation
We will take note of what information you provide to us. This information will be passed on to the appropriate department of Cape Pilates to deal with the complaint.
We are committed to resolving your complaint within a timely manner.
3. Response
We will keep in touch with you during the process. If you require support, please email info@capepilates.com.au. Once we have finalised your complaint, we will advise you of our findings and any action we have taken.
Infrared Sauna
Infrared Sauna Usage Agreement
This Infrared Sauna Usage Agreement (“Agreement”) is entered into by and between Cape Pilates (“Facility”) and you (User”).
- Use of Infrared Sauna: a. The Facility grants the User access to and use of the infrared sauna during the agreed-upon times. b. The User agrees to follow all posted guidelines, instructions, and safety precautions related to the use of the infrared sauna.
- Health and Safety: a. The User acknowledges that the use of the infrared sauna may have health implications. b. The User represents that they are in good health and do not have any medical conditions that would prevent safe sauna usage. c. The Facility recommends consulting with a healthcare professional before using the infrared sauna, especially for individuals with pre-existing health conditions.
Contraindications for Infrared Sauna:
DO NOT USE THE SAUNA IF YOU HAVE ANY OF THE FOLLOWING CONDITIONS:
Pregnancy: Pregnant women should avoid using infrared saunas, especially during the first trimester. Elevated body temperature may pose risks to fetal development.
Alcohol: Consuming alcohol before or during sauna use can pose additional risks and should not be consumed before or during the use of the sauna.
Cardiovascular Conditions: Individuals with heart conditions, hypertension, or those prone to fainting should consult with a healthcare provider before using an infrared sauna. The heat may affect blood pressure and circulation.
Dehydration: Sauna use can lead to increased sweating, potentially causing dehydration. Please ensure you have a drink bottle and drinking adequate water whilst in the sauna.
Heat Sensitivity: People with conditions that affect heat tolerance, such as multiple sclerosis, should consult their healthcare provider before using an infrared sauna.
Skin Conditions: Individuals with skin conditions like eczema, psoriasis, or open wounds may find that the heat exacerbates their condition. It’s advisable to consult with a dermatologist before sauna use.
Haemophilia or Blood Disorders: Individuals with blood clotting disorders or conditions that affect blood coagulation should avoid sauna use due to the potential risk of increased bleeding.
Individuals with Multiple Sclerosis, Central Nervous System Tumours, and Diabetes with Neuropathy are conditions that are associated with impaired sweating should avoid sauna use.
Fever or Acute Illness: If an individual is currently experiencing a fever or other acute illness, sauna use may exacerbate symptoms or prolong the recovery process. It’s recommended to wait until the illness subsides before using the sauna.
Medication Interaction: Certain medications may interact with the heat from saunas. Diuretics, barbiturates and beta-blockers may impair the body’s natural heat loss. Individuals taking medications should consult with their healthcare provider to ensure safe sauna use.
Implants: Individuals with Metal pins, rods, artificial joints, or any other surgical implants check with their healthcare provider, as the heat from the sauna could potentially affect these implants.
Age: You must be over the age of 18 years of age to use the Infrared Sauna.
Surgeries: If you’ve had recent surgery, please consult your physician before using the Solo.
Pacemakers / Defibrillators –Please discuss with your doctor the possible risks this may cause before using the sauna.
- Duration of Use: a. The User agrees to limit sauna sessions to a reasonable and safe duration, as recommended by the Facility. b. The Facility reserves the right to limit the maximum duration of each sauna session.
- Fees and Payments: a. The User agrees to pay all applicable fees for the use of the infrared sauna as per the Facility’s pricing policies. b. Any outstanding payments are due immediately.
- Liability Release:
I am aware of the contraindications and risks associated with the use of the infrared sauna.
I am responsible for disclosing any health conditions and seeking appropriate medical advice before using the sauna.
I assume all risks and responsibilities associated with the use of the infrared sauna.
I release Cape Pilates and its representatives from any liability for injuries, damages, or losses arising from the use of the infrared sauna.
Agreement
I have read and understood the terms of this Infrared Sauna Waiver and Liability Form. By agreeing to the T&C’s of Cape Pilate’s sauna use, I acknowledge The Facility shall not be liable for any injuries, damages, or losses incurred during or after the use of the sauna.