Terms and conditions
Please read the following carefully. Your access to and use of this Site is subject to legally binding terms and conditions which you accept and agree to by accessing this Site.
The following terms and conditions (“Terms and Conditions”) form a binding agreement (this “Agreement”) between you and Dan Baker, a Sole Trader operating out of the Australian Capital Territory (“Pilates with Dan”). Pilates with Dan may modify, amend, supplement and replace these Terms and Conditions at any time without providing you with advance notice. Your continued use of this Site after any change means you have accepted the changed Terms and Conditions.
1. Copyright. All materials created by Pilates with Dan on the Site are protected by Australian copyright laws as original works. The absence of a registered copyright symbol does not mean that such materials are not protected as belonging to Pilates with Dan.
2. Links to Third Party Websites. This Site may contain links to third party websites. All such linked sites, materials and pages are not under the control of Pilates with Dan and Pilates with Dan is not responsible for the content contained in any linked website nor for any losses or damages you may incur as a result of the use of any third-party website. Pilates with Dan accepts no liability for any errors or omissions contained in third party websites. These links are provided to improve your use of this Site, enable you to connect with Pilates with Dan on various platforms, help Pilates with Dan offer the easiest services for you and conduct transactions.
3. Use License. If Pilates with Dan has materials on the Site which you can download, permission is granted to download copies of the materials for personal, non-commercial viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
3.1. modify or copy the materials;
3.2. use the materials for any commercial purpose or for any public display (commercial or non-commercial);
3.3. transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Pilates with Dan at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.
4. Refunds. Our refund policy for any of the services or products sold on the Site is as follows: All sales are final. There will be no refunds.
5. Disclaimer. Our goal is to share information in an informative, open, and honest way. That being said, any information and services provided on or through the Site is for informational and educational purposes only. What we share is the opinion and perspective of Pilates with Dan. The information and education is not intended or implied to supplement or replace professional advice. Before taking any action, please make sure you consult with a professional.
6. No Guarantees. We make no guarantees about any particular results or benefits that you’ll get from our Site, our products or services. We will do everything to give you the tools to succeed, but we make no guarantees. We cannot be any more clear about this: we make no promises regarding results and make no guarantees whatsoever.
7. Site Terms of Use Modifications. Pilates with Dan may revise these Terms and Conditions for its Site at any time without notice. By continuing to use the Site after Pilates with Dan modifies this Agreement, you are agreeing to be bound by the updated version of this Agreement.
8. Limitation of Liability. In no event shall Pilates with Dan or its affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to view or use the materials or content on the Site, even if Pilates with Dan has been notified orally or in writing of the possibility of such damage.
9. Choice of Laws and Venue. The parties agree to irrevocably submit all claims relating to Pilates with Dan’s Site to the exclusive jurisdiction of the courts of the Australian Capital Territory without regard to its conflict of law provisions.
10. Indemnity. As a condition of your use of this Site, you indemnify Pilates with Dan and its directors and affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting or arising from your use of this Site.
11. Entire Agreement. These Terms and Conditions and any other legal notices, policies and guidelines of Pilates with Dan linked to these Terms and Conditions or contained on this Site constitute the entire agreement between you and Pilates with Dan relating to your use of this Site and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by Pilates with Dan. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, that portion or provision shall be enforced to the maximum extent permissible so as to effectuate the intent of the parties as reflected by that provision, and the remainder of these Terms and Conditions shall continue in full force and effect. Failure by Pilates with Dan to enforce or exercise any provision of these Terms and Conditions shall not constitute a waiver of that right. Paragraph headings are for reference only.