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We Move Online Terms & Conditions

 

These Terms of Service (“K-FORMA We Move Online Terms & Conditions”) are a legal agreement between you and K-FORMA PTY LTD (“K-FORMA”, "K-FORMA We Move Online", “we”, “us”) regarding your use of services available at www.k-formawemoveonline.com or www.k-forma.com (together, the “Service”). By using any portion of the Service, you are agreeing to be bound by and are becoming a party to these terms. If you do not agree to these terms, do not use the service. If you are using the Service on behalf of your employer, you represent that you are authorised to accept these Terms on your employer’s behalf.

 

Service Description

The Service is a virtual pilates and barre studio. Users of the Service may, via a free trial or a paid subscription, participate in online pilates and barre classes and download nutritional programs.

Account

In order to use the Service, you must create an account. You are solely responsible for all activities that occur through your account. To protect your account from unauthorised use, do not provide your username or password to anyone else. Please notify us immediately of any unauthorised use of your account by sending an email to info@kforma.com.

Licence

Subject to these Terms, K-FORMA grants you a personal, non-exclusive, non-assignable, non-transferable, revocable licence to access and use the Service for non-commercial and personal use only. You must comply with all applicable laws when using the Service. Except as may be expressly permitted by applicable law or expressly enabled by a feature of the Service, you will not, and will not permit anyone else to: (a) store, copy, modify, or distribute any of the content made available on the Service; (b) compile or collect any content available on the Service as part of a database or other work; (c) use any automated tool (e.g., robots, spiders) or manual process to monitor, store, copy, modify, distribute, or resell any content from the Service; (d) frame or otherwise incorporate the Service or any portion of the Service as part of another website or service; (e) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Service (including the display of third party advertising); (f) circumvent or disable any digital rights management, usage rules, or other security features of the Service, or any content available on the Service; (g) use the Service in a manner that threatens the integrity, performance, or availability of the Service; (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service or any content available from the Service; or (i) include any personal or identifying information about another person in your User Content (defined below) without that person’s explicit consent.

User Content

In connection with registration for a K-FORMA We Move Online account, users may upload photos or other materials or information to the Service (“User Content”). You agree that you will not upload User Content to the Service unless you have created that content yourself, or you have permission from the copyright owner to do so. Communications in chat areas, forums, communities, groups, or other public or common areas of the Service are not private communications. You should use caution when submitting any User Content to a public or common area of the Service.


For any User Content that you upload to the Service, you grant K-FORMA (a) a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicencable right to use, reproduce, modify, adapt, publish, translate, prepare derivative works of, distribute, publicly perform, and publicly display that User Content throughout the world in any media in connection with the Service and K-FORMA’s business, including without limitation for promoting the Service; and (b) the right to use the name that you submit in connection with your User Content, if we choose.


You may modify or remove your User Content via your K-FORMA We Move Online account or by terminating your account, but K-FORMA may, in accordance withK-FORMA’s Privacy Policy, retain in its systems and use non-personally identifiable data that is derived from your User Content.


You agree not to upload to the Service or otherwise post, transmit, distribute, or disseminate through the Service any material that: (i) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, inflammatory, abusive, abusive, inflammatory; (ii) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (iii) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (iv) contains corrupted data or any other harmful, disruptive, or destructive files; (v) advertises products or services competitive with K-FORMA’s products and services, as determined by K-FORMA in its sole discretion; or (vi) in K-FORMA’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose K-FORMA, its affiliates, or users to harm or liability of any nature.


Although K-FORMA has no obligation to screen, edit, or monitor any User Content, K-FORMA reserves the right, and has absolute discretion, to remove, screen, edit, or disable any User Content at any time and for any reason without notice. You understand that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable, or inaccurate. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.

K-FORMA Content

Content on the Service has been licensed to K-FORMA in accordance with agreements between K-FORMA and the persons or entities who own the rights to that content (“Licensed Content”). Licensed Content is protected by intellectual property laws.


All content on the Service is provided for informational purposes only. The content is not intended to be a substitute for professional fitness or medical advice, diagnosis, or treatment. Always seek the advice of your physician or qualified health or fitness provider with any questions you may have regarding a fitness regimen or medical condition. Do not disregard professional advice because of something you have seen or read on the Service.

Any opinion, advice, statement, service, offer or other information that constitutes part of the Licensed Content are those of the respective authors or producers and not of K-FORMA or its directors, offers, employees, agents, representatives, partners, or affiliates. Under no circumstances will K-FORMA or its directors, offers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on any information obtained through the Service.

Copyright Infringement

K-FORMA respects the intellectual property rights of others, and requires you to do the same. It is K-FORMA’s policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, whether by K-FORMA or any user, please contact K-FORMA at info@kforma.com so that we can remove the content or otherwise rectify the breach of copyright.

Ownership

We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Service. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.

Communications with Users; User Meet-ups

When you join K-FORMA We Move Online, you understand and agree that you may receive communications from the other members of the Service. You also understand and agree that individual users are each acting independently and that no user is K-FORMA’s representative. K-FORMA is not involved in arranging or supervising meetings, and has no control over who attends meetings or the actions of any individual at any meeting. Please use caution and good judgment when arranging or attending meetings. You agree that you bear all risk associated with any meeting you attend, and you agree to release us (and our officers, directors, agents, employees, affiliates, and third party partners) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Service or any meeting you attend. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

Fees

K-FORMA reserves the right to implement additional fees for the Service at any time by providing you notice. Certain content offered through the Service is available to you for a fee (“Paid Content”). K-FORMA uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the Service. The processing of payments or credits, as applicable, in connection with your use of the Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms. K-FORMA is not responsible for any errors by the Payment Processor. In connection with your use of the Service, K-FORMA will obtain certain transaction details, which K-FORMA will use solely in accordance with its Privacy Policy.

Access: Modifications to the Service

K-FORMA does not provide you with the equipment to use the Service. You are responsible for all fees charged by third parties to access and use the Service (e.g., charges by ISPs or mobile carriers).

K-FORMA reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. K-FORMA will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

No Support

Unless otherwise agreed by K-FORMA in writing, K-FORMA is not obligated to provide any support for the Service.

Privacy & Personal Information

K-FORMA collects registration and other information about you through the Service. By creating a K-FORMA We Move Online account, purchasing something from our website, and/or accepting these Terms & Conditions you agree to allow us to collect, share & use your personal information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfilment of your order, and keeping you up to date on new products, services, and offers. Our collection and use of this information is described in detail the K-FORMA Privacy Policy, which is incorporated into these Terms.

Feedback

If you provide feedback to K-FORMA regarding the Service (“Feedback”), you acknowledge that the Feedback is not confidential and you authorise K-FORMA to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to K-FORMA a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose.

Changes to Terms

We reserve the right to modify these Terms from time to time. If we modify these Terms, we will indicate that we have done so on the K-FORMA website or otherwise provide you notice. It is your responsibility to review these Terms regularly. Use of the Service after the effective date of a modification constitutes your acceptance of any modified Terms.

Termination

You may terminate your use of the Service at any time by terminating your account and deleting any K-FORMA software from your device or personal computer. Termination of your account is your sole right and remedy with respect to any dispute with K-FORMA regarding the Service or these Terms. K-FORMA may suspend or terminate your access to the Service at any time, for any reason. If K-FORMA suspects that you have violated any provision of these Terms, K-FORMA may also seek any other available legal remedy. Your rights under these Terms will terminate automatically if you fail to comply with any of these Terms. Upon termination, you must destroy or delete any copy of K-FORMA software in your possession. You remain solely liable for all obligations related to use of the Service, even after you have stopped using the Service. Neither K-FORMA nor any of its licensors, suppliers, or publishers are liable to you or to any third party for any loss caused by any termination of the Service or termination of your access to the Service.

K-FORMA We Move Online Membership

You can become a K-FORMA We Move Online Member by signing up to pay monthly or yearly for unlimited access to our online classes.

Recurring Billing

The membership fee will be billed at the beginning of the paying portion of your membership and each month or year thereafter unless and until you cancel your membership. We automatically bill your payment method each month or year on the calendar day corresponding to the commencement of your paying membership. We reserve the right to change our billing timing, in particular if your payment method has not successfully been charged.

No Refunds

Payments are non-refundable and there are no credits for partially used periods. Following a cancellation, however, you will continue to have access to your K-FORMA We Move Online Membership through the end of your current billing period.

Cancellations

You may cancel your K-FORMA We Move Online Membership at any time for any reason. To cancel your recurring subscription, please visit your membership settings by logging into your account. Following a cancellation, you will lose access to all online content you enrolled in during your membership at the end of your billing period. If you choose to sign back up as a member, your billing date will update to the day you paid.

Third-Party Content

We may email or provide you coupons, offers, and other specials from third parties (collectively “Promotions”). K-FORMA is not responsible for the redemption, errors, omissions, or expiration of Promotions. All Promotions featured as a part of the Service are subject to change without notice and we have no control over their legality or the ability of any merchant to complete the Promotion (including, the sale in accordance with the offer).


The Service may contain links to Web pages and content of third parties ("Third-Party Content") as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness. Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Service. You access and use Third-Party Content at your own risk.

The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.

Disclaimer of Warranties

Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. K-FORMA, its affiliates, licensors, suppliers, and distributors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. K-FORMA does not warrant uninterrupted use or operation of the Service or that any data sent by or to you will be accurate, complete, transmitted in uncorrupted form, or transmitted within a reasonable amount of time. You will be solely responsible for any delay or loss of any kind that results from your access or use of the service, including loss or harm to your mobile device. No advice or information, whether oral or written, obtained by you from K-FORMA, through or from the service, will create any warranty not expressly stated in these terms. Some states may prohibit a disclaimer of warranties and you may have other rights that vary from state to state.

Limitation of Liability

Neither K-FORMA nor its affiliates, licensors, suppliers, or distributors will be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses even if advised of the possibility of these damages, resulting from your access or use of the service.


Except as otherwise expressly set forth in these terms, the maximum total liability of K-FORMA, its affiliates, licensors, suppliers, and distributors to you for any claim related to the service, whether in contract, tort, or otherwise, is the greater of the amount you paid for the service or $10. Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in this section will apply even if any limited remedy fails of its essential purpose.

Indemnity

You will defend, indemnify and hold K-FORMA, its affiliates, directors, officers, agents, employees, and its licensors, suppliers, and Distributors harmless from any costs, damages, expenses, and liability caused by your use of the Service, your violation of these Terms, or your violation of any rights of a third party through use of the Service.

Assignment

These Terms, and any rights or licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by K-FORMA without restriction. Any assignment attempted in violation of these Terms is void.

Governing Law; Venue

These Terms will be governed by and construed in accordance with the laws of the State of New South Wales, or the Commonwealth of Australia, as applicable. You agree that any judicial proceedings will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state and federal courts in New South Wales, Australia.

Claims

You agree that any cause of action arising out of or related to the Service must commence within one year after the cause of action accrues. Otherwise, that cause of action is permanently barred.

Waiver and Severability of Terms

The failure of K-FORMA to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by K-FORMA. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

Consent to Electronic Communications

By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your use of the Service, including without limitation any SMS / text messaging fees, data charges, and other fees. You can unsubscribe or change your email preferences here.  

Entire Agreement

These Terms are the entire agreement between you and K-FORMA regarding your use of the Service.

Contacting K-FORMA

For questions, comments, complaints, or claims related to the Service, please contact K-FORMA at:

 

K-FORMA PTY LTD t/a K-FORMA

16 Tallowood Crescent

Byron Bay NSW 2481, Australia

info@kforma.com.au

Last Updated: July 1, 2023

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