General Terms & Conditions

Definitions:

In these terms & conditions (“Terms”):

• Account means the account via which Participants book and manage KX Pilates classes using the KX App or via the Website.

• CCA means the Competition and Consumer Act 2010 (Cth).

• KX App means the mobile application known as “KX Pilates”.

• KX Pilates means KX Pilates Franchising Pty Ltd ACN 158 620 047 as trustee for the KX Pilates Franchising Unit Trust.

• KX Pilates HQ means KX Pilates Co Pty Ltd ACN 623 872 506 as trustee for the KX Pilates Co Unit Trust of 36b St Edmonds Road, Prahran VIC 3181.

• KX Pilates Studio means any KX Pilates studio operated under the KX Pilates brand.

• New Client means a person who has not been a client of a KX Pilates Studio.

• Offer means any of the offers in these Terms purchased by the Participants, which may change from time to time.

• Participants means new and existing clients of KX Pilates.

• Participating Studio means the KX Pilates Studio participating in the Offer.

• Policies means the policies of KX Pilates HQ available on this page.

• Privacy Policy means our privacy policy available on this page.

• Website means kxpilates.com

1. Your Acceptance

1. KX Pilates (also referred to as we, our, us) permits you to access and use the Website and purchase the Offers provided through the Website and KX App, subject to the following Terms.

2. We may review and update these Terms from time to time to take account of any new laws, regulations, practices, Offers, or technology.

3. By using the Website, you are agreeing to all of the Terms on this page and to be bound by and agree to comply with the Policies and Privacy Policy.

4. Your use of this Website will be governed by the most recent Terms posted on the Website. It is your responsibility to check this page regularly to be updated of any changes made.

2. Changes to Offers and pricing

1. Subject to applicable laws, the Offers may be varied, updated or terminated at any time at our sole discretion.

2. KX Pilates may vary its pricing from time to time at its absolute discretion, by providing prior written notice to you .

3. Any changes to the pricing will take effect from the date specified in the notice.

3. General Terms

1. Unless otherwise specified, the Offers on this page are not to be used in conjunction with any other offer, unless.

2. The Offers are not transferable between Participating Studios and cannot be exchanged or redeemed for cash, credit or products.

3. Unless otherwise stated in these Terms, KX Pilates reserves the right to vary the Terms of, or cancel, the Offer at any time without notice or liability to any Participant, Participating Studio or other person, subject to applicable law.

4. If for any reason any aspect of the Offer is not capable of running as planned for any reason which is beyond the reasonable control of KX Pilates, including, but not limited to, by reason of war, terrorism, pandemic, state of emergency or disaster (including natural disaster), infection by computer virus, telephone network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Offer, KX Pilates may, in its sole discretion, cancel, modify or suspend the Offer.

5. Failure by KX Pilates to enforce any of its rights at any stage does not constitute a waiver of those rights.

6. If any part of any of these Terms is void or unenforceable, then that part that is severed will have no effect on the enforceability and operation of the remaining Terms.

7. KX Pilates and the Participating Studio will collect and use each Participants personal information to conduct the Offer and may:

   • disclose that information to third parties, suppliers, agents,

   • contractors and other service providers for this purpose;

   • use that information for promotional purposes;

   • use that information to improve products and services.

   • the Participants consent to the use of their personal information in accordance with these Terms and our Privacy Policy.

8. Unless otherwise specified, the Offer is in no way sponsored, endorsed, administered by or associated with any third party, including but not limited to social media platforms such as Instagram and Facebook.

4. Statutory Guarantees

1. The Australian Consumer Law contained in the CCA provides certain guarantees in sections 60 to 62 (

   Statutory Guarantees) which generally require that services supplied to you:

2. are rendered with due care and skill; and

3. are reasonably fit for any purpose which you, either expressly or by implication, make known to KX Pilates and might reasonably be expected to achieve any result you have made known to KX Pilates; and

4. are supplied within a reasonable time (when no time is set).

5. The CCA allows KX Pilates to ask you to accept some limitations on the Statutory Guarantees. By entering into these Terms, you agree, to the extent allowed by section 139A of the CCA, to exclude or modify our liability to you for death or injury from our failure to comply with the Statutory Guarantees. This exclusion does not apply if your death or injury is caused by our “reckless conduct” as that term is defined in the CCA.

5. State based exclusion notices

1. If the Studio is based in Victoria, the following ACL Exclusion Notice will apply to you:

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (VIC)

Under the Australian Consumer Law and Fair Trading Act 2012 (“ACL”) (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that we are required to ensure that recreational services supplied to you:

• are rendered with due care and skill;

• are reasonably fit for any purpose which you, either expressly or by implication, make known to us; and

• might reasonably be expected to achieve any result you have made known to us.

Under section 22 of the ACL, KX Pilates’ is entitled to ask you to agree that these statutory guarantees do not apply to you. If you enter into these Terms, you will be agreeing that your rights to sue us under the ACL if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in these Terms.

NOTE: The change to your rights as set out in these Terms, does not apply if your death or injury is due to gross negligence on KX Pilates’ part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the ACL.

• 2. If the Studio is based in South Australia, the following ACL Exclusion Notice will apply to you:

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 1987 (SA)

Under sections 60 and 61 of the Australian Consumer Law and Fair Trading Act 1987 (“ACL”) (South Australia), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that wWe are required to ensure that services supplied to you:

• are rendered with due care and skill;

• are reasonably fit for the purpose for which the services are being acquired (as long as that purpose is made known to us); and

• will be of a quality, state or condition that you might reasonably be expected (as long as that is made known to us).

Under section 42 of the ACL, KX Pilates’ is entitled to ask you to agree to exclude, restrict or modify our liability for any personal injury suffered by you. If you enter into these Terms, you will be agreeing to exclude, restrict or modify our liability with the result that compensation may not be payable if you suffer a personal injury.

• General Limitation of Liability

  1. You acknowledge and agree that participating in the Offers requires physical exertion and/or physical risk which may cause your death or personal injury.

  2. Nothing in these Terms excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including under a guarantee) which cannot lawfully be excluded, restricted or. Except as set out in these Terms, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded, are excluded from these Terms.

  3. KX Pilates takes no responsibility for the loss of or damage to your personal belongings at the Studio.

  4. You agree to pay for any loss or damage to the Studio caused by you as a result of your wilful, wrongful or negligent conduct.

  5. The Participant indemnifies and holds KX Pilates and KX Pilates HQ harmless from all liabilities, claims, and expenses, including legal costs, that arise directly or indirectly as a result of the Participant’s breach of these Terms or use or misuse of the Website or the KX App.