Welcome to Roux Wellness. We are proud to offer you on-demand Pilates videos that are suitable from beginner to advanced. We’re excited to help you to achieve your fitness goals! But first, there are just a few terms and conditions that we need to cover to make sure we’re all on the same page.
We set out on the Platform the various ways in which we can assist you (our Services), including the different membership packages with different inclusions that we offer to you (Membership).
Depending on the Membership Package, we may offer Pilates videos, fitness videos, posture analysis, revisions of classes, materials, resources, information, graphics, downloadable workouts, and User Content (together the Content).
Neither we nor our personnel are medical practitioners, and do not give medical advice, treatment or diagnoses. Our Content, and any other information provided through the Platform is intended to assist you to achieve your fitness goals. You acknowledge and agree that nothing in the Platform or in the Services we provide may be taken to be medical advice, treatment or a diagnosis by us or our representatives nor are they intended to be a substitute for consulting a medical practitioner for your particular circumstances and needs. We encourage you to seek appropriate medical advice before using the Platform.
TERMS AND CONDITIONS
This online platform (Platform) is operated by Rouxchelle Cooke as Trustee for Keola Wellness Unit Trust t/a Roux Wellness ABN 18 171 617 441 (we, our, or us). It is available via our website rouxwellness.com, and may be available through other addresses or channels, including a mobile application.
You accept these terms and conditions, including any policies, codes of conduct or other terms set out on the Platform (Terms), by accessing and/or using our Platform. You must be 18 years of age or older to use our Platform.
If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
Signing up to our Platform
You can browse and view some of our content without an account, however, you are required to create an account to access certain features and to benefit from your selected Membership (Account). You may be invited to create an Account by a personalised email link if you qualify for a Membership with additional features (Exclusive Membership). If you are not invited to create an account by personalised email, you can create an account via the Platform. You must provide basic information when registering for an Account including your name, email address, location, and payment details, and you must choose a password. You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.
When you create an account, you select a Membership. The Membership available to you will give you access to different features of the Platform. If you qualify for an Exclusive Membership and have been invited to apply, you may choose either a basic membership or exclusive membership.
When you create an account, you will choose a subscription period (Subscription Period). We offer the option of one-month and twelve-month Subscription Periods, as well as any other Subscription Period set out on the Platform.
To access the benefits of your Membership, you must create your Account, select your Membership, Subscription Period, and pay the Membership Fee.
You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, including purchases made using your Account details.
You will immediately notify us of any unauthorised use of your Account.
At our sole discretion, we may refuse to allow any person to register or create an Account.
You must pay us the fees set out on the Platform in relation to your Membership (Membership Fee) in order to receive the Services outlined in your Membership. The Membership Fee is paid in advance for the Subscription Period. The Membership Fee is paid via Stripe, or any other method set out on the Platform.
You must pay the Membership Fee each Subscription Period via direct debit from a credit card or bank account. The Membership Fee will be automatically debited on the billing date set out on the Platform (Billing Date). The direct debit arrangement may be subject to additional terms and conditions from third-party payment providers, as set out on the Platform.
To the maximum extent permitted by law, and subject to your Statutory Rights, the Membership Fee is non-refundable.
Your Membership will automatically renew for the same term as your initial Subscription Period unless you cancel your Membership by giving written notice at least 7 days before the next Billing Date. You can read more about our cancellation policy below.
The Membership Fee includes GST. You are responsible for all taxes, levies or duties imposed by taxing authorities in your own country, and you shall be responsible for payment of them. We have no responsibility to them on your behalf.
We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms and Conditions.
We may modify the Memberships and Membership Fees from time to time upon notice to you. The updated Membership Fees will apply to the next Billing Date after the change has occurred. The notice may be provided at any time via email or via notification to your Account. If you do not agree to the price change, you may cancel your Membership in accordance with the cancellation clause below.
Changes, Refunds, Holds and Cancellations
Changing your Membership
You may upgrade or downgrade your Membership at any time in the Account page/ manage Memberships (or similar) or by sending us an email. The payment method linked to your Account will automatically be charged the Membership Fee for your new Membership on the next Billing Date. The upgrade or downgrade will apply to the next month if you upgrade or downgrade your membership less than 7 business days before the next Billing Date.
Cancelling your Membership
You may cancel your Membership by providing us with at least 7 business days’ written notice before the next Billing Date (which you may provide via email or through the Platform). We will provide you with confirmation that your Membership has been cancelled via email or via the Platform. If you cancel your Membership less than 7 business days before the Billing Date, you will be charged the Membership Fee on the next Billing Date and the cancellation will become effective on the following Billing Date.
After you receive confirmation from us of cancellation of your Membership, your access to the Platform will end on the next Billing Date.
To the extent permitted by law, and subject to your Statutory Rights, no refunds will be made upon cancellation.
Where you have cancelled your Membership due to change of mind or other circumstances, we do not provide refunds of the Membership Fee. For the avoidance of doubt, we do not offer refunds of Membership Fees for twelve-month Subscription Periods on a pro-rata basis, due to change of mind or other circumstances.
We do not allow for a Membership to be put on hold or “frozen”.
We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights; (2) using our Platform to defame, harass, threaten, menace or offend any person; (3) interfering with any user using our Platform; (4) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform; (5) anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations; (6) using our Platform to send unsolicited email messages; or (7) facilitating or assisting a third party to do any of the above acts.
Intellectual Property rights
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content (including downloaded Content) does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) (1) copy or use, in whole or in part, any Content; (2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any intellectual property rights connected with our Platform, including by (a) altering or modifying any of the Content; (b) causing any of the Content to be framed or embedded in another website; or (c) creating derivative works from the Content.
You may be permitted to post, upload, publish, submit or transmit relevant information and content, including updates about your health journey, photographs, and statistics (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, and modify such User Content on, through, or by means of our Platform. We will ask your permission before publishing any photographs you upload.
You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.
Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified
Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.
Notice regarding Apple
To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you.
To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
You agree to comply with any applicable third-party terms when using our mobile application.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
In these Terms and Conditions, Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to this Agreement or otherwise.
Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with (1) your acts or omissions; (2) any use or application of the Platform by a person other than you, or other than as reasonably contemplated by these Terms; (3) any works, services, goods, materials or items which do not form part of the Platform; (4) any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Platform; (5) the Platform being unavailable, or any delay in us providing our services to you, for whatever reason; and/or (6) any event outside of our reasonable control.
This clause will survive the termination or expiry of these Terms.
Limitations on Liability
Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise, (1) our maximum aggregate Liability arising from or in connection with these Terms will be limited to us resupplying our services to you or, in our sole discretion, to us repaying you the amount of the Membership Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates; and (2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data.
This clause will survive the termination or expiry of these Terms.
Warranties, disclaimers and Indemnities
You represent, warrant and agree that (1) you have full legal capacity, right, authority and power to enter into these Terms and to perform your obligations under these Terms; (2) these Terms constitute a legal, valid and binding agreement, enforceable in accordance with its terms, and (3) to provide all assistance, information and documentation necessary to enable us to provide the Services and that all information you provide to us in connection with the Platform will be true, accurate and complete.
You acknowledge that participating in a fitness class or any related exercises and activities may involve a risk of serious injury or even death from various causes including: overexertion, dehydration, equipment failure and accidents with equipment and surroundings.
It is your responsibility to ensure that by following the fitness instructions in the Content via our Platform, you will not exceed your limits while performing such activity, and you will select the appropriate level of Content for your skills and abilities, as well as any mental or physical conditions and/or limitations you have. You understand that, from time to time, the fitness instructors in the Content may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical or mental condition.
You recognise the difficulties associated with following the fitness instructions in our Content and attest that you are physically fit to participate safely in the activity and that a qualified medical practitioner has not advised you otherwise.
You understand the demanding physical nature of a fitness class or any related exercises and activities. You are not aware of any medical conditions, injuries or impairments that will be detrimental to your health if you participate in fitness or exercise or fitness or exercise related activities.
In the event that you become aware of any medical conditions, injuries or impairments that may be detrimental to your health, you must immediately cease to use our Platform, Services and Content and contact your medical practitioner.
You acknowledge and agree that (1) you use the Platform at your own risk; and (2) the provision of the Platform may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.
You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform 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.
This clause will survive the termination or expiry of these Terms.
At our sole discretion, we may suspend your Account or terminate these Terms immediately with notice to you if you are in material breach of these Terms (including for non-payment of our Membership Fees), any applicable laws, regulations or third-party rights.
Third party sites:Our Platform 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.
Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time 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.
No commercial use:Our Platform is for your personal, non-commercial use only. You must not use our Platform, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website, without obtaining a licence to do so from us.
Competitors: You are prohibited from using our Platform, including our Content, in any way that competes with our business. If you breach this term, we will hold you responsible for Liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.
Information: The Content is not comprehensive and is for general information purposes only. It does not consider your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Variation: We may modify these Terms from time to time by notifying you by email. By continuing to use the Platform after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform. In the event that we modify these Terms and you believe the modification causes you material detriment, you may terminate your Account and we will refund to you Membership Fees paid in advance by you in connection with the unused portion of the Services.
Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days prior notice.
Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, 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.
Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
Jurisdiction: Your use of our Platform and these Terms are governed by the laws of Queensland, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
For any questions and notices, please contact us at:
Rouxchelle Denton-Cooke as Trustee for Keola Wellness Unit Trust Trading As DC Movement Lab (ABN 18 171 617 441)
Email: [email protected]
Last update: 22 Oct 2020