Membership Terms & Conditions

Viewer Terms of Service Agreement

Last updated: Jul 10, 2024

VIVA LIFE PILATES & FITNESS PTY LTD. Terms of Service Agreement

This Viva Life pilates & fitness to you,Terms of Service Agreement (“Agreement”) is between you and Viva Life. (for the purposes hereof, “VIVA LIFE,” “we” or “us”). The Agreement governs your use of the website (“Site”), an online platform that allows consumers like you to purchase and view video programs and purchase products or services from Viva Life Pilates and Fitness’s websites and applications (collectively, the “Services”).

Notice: Section 10 of this Agreement contains a mandatory ARBITRATION AGREEMENT. By using the Services on the Site, you agree that any claims you may have against Viva Life Pilates and Fitness relating to the Site and/or Services must be ARBITRATED, and you waive the right to (1) assert claims against Viva Life Pilates and Fitness in court; (2) participate in a class action; and (3) have a jury hear your case.

1. Acceptance

By creating an account, viewing videos, making a purchase, downloading Viva Life Pilates and Fitness-branded applications that we power, or otherwise visiting or using the Site, you accept this Agreement and consent to contract with us electronically.

If you are an entity other than a natural person, the person who registers the account or otherwise uses the Site must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.

We may update this Agreement by posting a revised version on our Site. By continuing to use the Site, you accept any revised Agreement.

You may terminate the Agreement at any time by deleting your account. We reserve the right to suspend or terminate your account for your breach of the terms hereof. If Viva Life Pilates and Fitness deletes your account for breach, you may not re-register. In the event of any termination or expiration of the Agreement, the following sections will survive: Section 7 (Disclaimers), Section 8 (Limitation of Liability), Section 9 (Indemnification), Section 10 (Arbitration Agreement; Jury Waiver; Class Action Waiver), and Section 11 (General Provisions).

2. Accounts

Registration: You must create an account to use the Site and Services. To do so, you must provide an email address. By creating an account, you agree to receive notices from us and our third-party affiliates (i.e., Squarespace and Shopify) at this email address.

Age Requirements: You may not create an account if you are younger than 16 years of age. By creating an account, you represent that you are at least 16 years of age, and, to the extent required by law, you have the permission of a parent or guardian to create an account and use the Site.

Parents and Guardians: By granting your child permission to use the Site through your account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.

Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.

3. Privacy

Please review our Privacy Policy on the Site to learn about the information we collect from you when you use of the Site, how we use it, and with whom we share it.

By creating an account, you agree that Viva Life Pilates and Fitness will have access to your account information and account activities, such as the viewing and purchase of the Services, and your contact information. Viva Life Pilates and Fitness is not responsible for any third-party use or disclosure of your data (including that of Squarespace and Shopify).

4. Program Viewing and Purchase Options

Viva life Pilates and Fitness may offer the following purchase options through Viva Life Pilates & fitness websites and applications:

Purchase: After paying the stated fee, you may use the Services an unlimited number of times

Subscription: For a recurring fee, you may use the Services within Viva Life Pilates and Fitness’s subscription channel an unlimited number of times during your subscription period. Viva Life Pilates and Fitness may add or remove programs from the channel at any time.

To make a purchase, you must provide a valid payment method. We may apply taxes to any charges. Prices and other terms of purchase are subject to change. If Viva Life Pilates and Fitness provides you access to a program on a free basis, such access will be deemed a “purchase” for the purpose of this Agreement.

ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE.

Free trials and Discounts: Viva Life Pilates and Fitness may offer free-trial or discounted subscriptions. When a free-trial period ends, your paid subscription begins (unless you have cancelled) and you must pay the full monthly or annual fee. If Viva Life Pilates and Fitness provides a discount for the first subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee.

Automatic Renewal: To the extent permitted by applicable law, subscriptions automatically renew for the subscription period until you cancel. Your payment method will be charged at the beginning of each subscription period. If Viva Life Pilates and Fitness offers a free-trial period, your payment method will be charged at the end of the free-trial period unless you cancel before the end of that period.

How to Decline Renewal: To pause or cancel a subscription, visit your account settings. Your changes will be applied to your next subscription period.

5. Licenses and Intellectual Property

License to Programs: Subject to the terms hereof, you have the right to stream and/or (if offered) download for your personal entertainment purposes: (i) Services that you have purchased; and (ii) Services made available within a channel that you have subscribed to during your subscription period.

Restrictions: You may not resell streams or downloads, use any of the Services for any commercial purpose, redistribute or retransmit any Services, publicly perform or display any Services, or make derivative works from any Services. All rights not expressly granted herein are reserved by Viva Life Pilates and Fitness.

Third Party Services: Subject to the terms hereof, Squarespace grants you permission to use the Service for the sole purpose of viewing the Services for your personal entertainment. All rights not expressly granted by Squarespace are reserved. Subject to the terms hereof, Shopify grants you permission to use the Shopify services for the sole purpose of buying Services for your personal use. All rights not expressly granted by Shopify are reserved.

Viva Life Pilates and Fitness Apps: If you download Viva Life Pilates and Fitness’s application (an “app”) that operates on a third-party platform (e.g.,Mindbody): (i) you have the right to use such app for your personal, non-commercial use on devices permitted by the platform operator; (ii) as between Viva Life Pilates and Fitness and the platform operator, Viva Life Pilates and Fitness shall be responsible for the apps and their content and providing any warranty, support, or indemnification with respect to such apps as required by law; and (iii) the platform operator shall have the right to enforce the terms of this clause with respect to your use of the app.

Your Content; Feedback: To the extent that you submit any content to Viva Life Pilates and Fitness (i.e. in your profile, a comment, or forum), you grant Viva Life Pilates and Fitness an irrevocable, worldwide, non-exclusive, royalty-free, perpetual right and license to use, copy, adapt, transmit, distribute, license, and publicly perform and display such content in all media for any purpose whatsoever. Any content submitted must comply with the Acceptable Use Policy set forth in Section 6. If you make suggestions to Viva Life Pilates and Fitness on improving our products or services, Viva Life Pilates and Fitness may use your suggestions without any compensation to you.

6. Acceptable Use Policy

We may allow you to upload, submit, or publish (collectively, to "submit") content such as images and text (collectively, "content"). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 6. Viva Life Pilates and Fitness may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. Viva Life Pilates and Fitness may remove or limit access or availability to any content or account that it considers in good faith to violate this Acceptable Use Policy.

6.1 Copyright Policy

You may only upload content that you have the right to upload and share. .

6.2 Prohibited Technical Measures

You will not:

Except as authorised by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of the Site; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;

Submit any malicious program, script, or code;

Submit an unreasonable number of requests to Viva Life Pilates and Fitness or

Take any other actions to manipulate, interfere with, or damage the Site.

7. Disclaimers

YOUR USE OF THE SITE AND ANY PROGRAM IS AT YOUR OWN RISK. FORM PROVIDES THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Viva Life Pilates and Fitness DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Without limiting the above, Viva Life Pilates and Fitness makes no representations or warranties concerning:

The availability of the Site in a particular jurisdiction.

The availability of the Site for any particular device, operating system, or browser.

The continued support for a particular feature of the Site.

The viewing quality of any Services. Viva Life Pilates and Fitness does not guarantee that you will be able to use the Site at all times, or view any Services uninterrupted, error-free or displayed at any particular resolution. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection.

The content of any Services or the suitability of any Services for any audience. All opinions and statements expressed by or in the Services (or related materials) are those of the Viva Life Pilates and Fitness.

The continued availability of any Services or the availability of particular Services within a subscription channel. Services may be withdrawn at any time without notice.

Any of Viva Life Pilates and Fitness actions or omissions with respect to your personal information.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Viva Life Pilates and Fitness, ITS PARENT, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND PARTNERS SHALL NOT BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES; (II) DAMAGES RELATING TO ANY DISPUTE BETWEEN YOU AND Viva Life Pilates and Fitness ;

The foregoing limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not Viva Life Pilates and Fitness has been informed of the possibility of such damage, and whether a remedy set forth herein is found to have failed its essential purpose. Some jurisdictions may not allow the exclusion of certain warranties or the exclusion or limitation of liability as set forth above, so these limitations above may not apply to you.

9. Indemnification

You shall indemnify, defend, and hold harmless Viva Life Pilates and Fitness and its parent, directors, officers, employees, representatives, consultants, agents, suppliers, and partners from any liability, claim, demand, damages, losses, and costs (including attorneys’ fees) arising from: (i) your unauthorised use of any Services; (ii) your breach of this Agreement or violation of any law or third-party right; or (iii) any content that you upload or submit to us.