TERMS AND CONDITIONS

WEBSITE TERMS AND CONDITIONS

Introduction

This website (Website) is created by Satori Studios Pty Ltd ACN 158 562 577 trading as BaiLa Fitness (“BaiLa Fitness”, “we”, “us”, “our”). By using or accessing this Website, you agree to these terms and conditions. If you don’t agree to these terms & conditions, please don’t use or access this Website. BaiLa Fitness may change these terms and conditions from time to time, so you should check these terms and conditions regularly.

When accessing and using the BaiLa Fitness Website and sub-domains the user (“you”) is agreeing to:

  • these terms and conditions as mentioned below;
  • the licence terms and conditions for Instructors;
  • being 18 years old or older; and
  • the BaiLa Fitness Privacy Policy.

If you disagree with any parts of these terms and conditions, please stop using this website and its related services immediately.

Changes

These terms and conditions may be updated or changed at any time. Any such modifications will be effective immediately upon public posting.  We will not be held liable if the Website is unavailable at any time. From time to time, we may restrict access to some area (or all) of the Website, to users.

Your continued use of the Website following the posting of the revised Terms and Conditions means you accept and agree to changes.

Your physical condition
You acknowledge the risks and dangers associated with the strenuous exercise that forms part of the content and services offered via this Website, which include, but are not limited to serious bodily injury, death or other damage or injury. You assume all such risks and responsibility for damages, liabilities, losses or expenses which you may incur as a result of your participation.

Each time you use this Website, you must ensure you are in good physical condition and know of any medical or other reason why you should not exercise. If unsure, you should not use the Website until you have sought appropriate medical guidance and been given the go-ahead by a qualified medical practitioner.

You agree to give us all relevant personal health and fitness information both before and during the course of any exercise program or other activity. You acknowledge that pre-exercise or other screening is any substitute for medical advice and does not guarantee against injury or death.

You must not use the Website if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety or that of other members and others. We may suspend or cancel your account if we have reason to suspect that you have not complied with this paragraph or these terms & conditions more generally.

BaiLa Fitness and its affiliates make no guarantee, warranty, representation or promise of any health outcomes associated with your use of the Website, including but not limited to weight-loss, weight gain or other changes in body composition or your health or wellbeing more generally.

Eligibility
For safety and security reasons you represent that you are at least 18 years old to register for this Website. BaiLa Fitness reserves the right to verify your age.

We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of your account, if we believe that you may or will bring our reputation, those individuals and instructors who represent us in the market place and our other users into disrepute or otherwise will interfere with other parties’ rights to have reasonable use of and access to the Website or to the contents and components of the Website or are in any way in breach of these terms and conditions.

Your use of this Website
You must not:

  • use this Website (including by posting content) in a manner that violates a law or regulation of any country or may cause harm, distress or loss to any person;
  • disrupt, interfere with, reverse engineer or compromise the security of this Website or any software or hardware used in connection with this Website; or
  • restrict, inhibit or interfere with any other user’s use or enjoyment of this Website.

Merchandise Orders
All orders placed through the Website are subject to BaiLa acceptance. After your order has been placed, we will provide you with an email confirming our receipt of your order. The confirmation you receive does not constitute our acceptance of your order. Rather, we are only confirming our receipt of your order. BaiLa may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your payment card or payment method has already been charged for an order that is later cancelled by us, we will issue you a refund. If you do not receive confirmation that your order has been placed, please contact us on info@bailafitness.com.au.

For any product defect, please contact us on info@bailafitness.com.au so that we can determine whether a replacement or possible refund is needed.

Fees and payment
All prices are quoted on this Website are in Australian dollars. All prices are subject to change without notice. We reserve the right to correct misprints.

There are no fees to access the BaiLa Basics section of the Website.

All pricing detailed on this Website is inclusive of applicable taxes. Shipping and handling charges will be exclusive of prices and an additional expense by you.  We will incur the costs ourselves for delivery of the items. 

All orders of merchandise, garments and fitness bands are subject to any additional applicable taxes on the purchase or delivery of the Merchandise and applicable shipping and handling charges.

BaiLa Fitness offer several methods of payment for you to purchase the services and Merchandise offered via this Website including, but not limited to, credit cards, debit cards, and Paypal.

Instructors
BaiLa Fitness has instructors who are not employees of us. They are subcontractors. All instructors have completed a one day intensive training course providing them with the knowledge and resources to lead their own classes.  At the end of the training, instructors receive a licence that allows them to teach a regular class. The licence that the instructor enters with us as at the date of completion of their instructor training course, sets out the specific terms and conditions that instructors must comply with in order to be a BaiLa Fitness instructor. These specific terms and conditions can be viewed and on the Instructor subscription section

In Australia, it is a legal requirement to also obtain a Group Fitness Certificate III course in order to teach a group fitness classes.

A certified Basic Instructor can teach classes in gyms, dance studios, dance schools, sports halls and his or her own facilities.

 Privacy
All personal information that you supply in connection with this Website will be collected, used, disclosed and managed by BaiLa Fitness according to the terms of its Privacy Policy, a copy of which is available on this Website. You consent to BaiLa Fitness dealing with your personal information in accordance with its Privacy Policy. You also agree to use this Website in accordance with any other policies that we publish on this Website from time to time.

You can access our privacy policy at www.baila.com.au/privacy

You must tell us promptly if you change your contact or payment details or if there is a change to other relevant personal information, including anything that may affect your health or safety.

You understand that photos, films, videos or audio recordings may be taken of subscribers for promotional purposes. Your permission will first be obtained if this is done. By registering your account, you agree to allow your image, recording or likeness to be used for any legitimate purpose by us or our affiliates and you assign your rights in any of these materials to BaiLa Fitness.

Intellectual property rights
The mark BaiLa Fitness © and all related names, logos, products and service names, designs and slogans are trademarks of BaiLa Fitness. All other names, logos, products, service names, designs and slogans on this Website are the trademarks of their respective owners.

This Website and all of its content including, without limitation, all text, software, software course code, trademarks, logos, designs, images, photographs, audio visual materials, videos, written materials and any other form of material (“Website Content”) is protected by copyright and other intellectual property rights throughout the world and is owned by us or licensed to us by third parties.  All rights or licenses of the Website content not expressly granted by the Terms and Conditions are reserved.

You must not copy, modify, transmit or adapt this Website, its contents and videos or otherwise infringe the intellectual property rights of BaiLa Fitness without BaiLa Fitness prior written consent.

Links
This Website may from time to time contain hyperlinks to websites operated by third parties (Linked Sites). Linked Sites are not under the control of BaiLa Fitness. BaiLa Fitness is not responsible for, and does not control or approve, the contents or operation of any Linked Site. Your use of a Linked Site is subject to the terms and conditions of the Linked Site. Any personal information that you provide to a Linked Site will be subject to the privacy policy and practices (if any) of the operator of the Linked Site.

Cookies
During your use of this Website, BaiLa Fitness may issue and request cookies to and from your computer or mobile device. By using this Website you authorise BaiLa Fitness to issue and request such cookies.

Warranties and limitations
To the extent permitted by law:

  • all statutory and implied guarantees, warranties and conditions of any kind in connection with this Website and its contents are expressly disclaimed. BaiLa Fitness does not exclude any statutory or implied guarantee, condition or warranty which cannot be lawfully excluded;
  • BaiLa Fitness does not warrant that your access to this Website will be uninterrupted or that this Website will operate error free, that any defects will be corrected or that this Website and their servers are free of computer viruses, trojans, spyware and other harmful material;
  • BaiLa Fitness does not warrant that it will be able to prevent any unlawful, harmful or inappropriate use, modification or alteration of this Website, or that it will give notice of such use, modification or alteration;
  • BaiLa Fitness does not warrant or make any representations about the correctness, accuracy, currency, completeness, reliability, quality or otherwise of this Website or its contents. Your use of this Website and the information on it is at your own risk; and
  • this Website and its contents are provided on an “as is” basis without any warranties of any kind. BaiLa Fitness may change this Website or limit or terminate your access to this Website at any time without notice.

Some laws imply terms, conditions and guarantees into agreements such as these terms and conditions that cannot be excluded. If BaiLa Fitness breaches a non-excludable term, condition or guarantee, it will be liable for that breach. However, if  is allowed to limit its liability for that breach under the relevant law, BaiLa Fitness’ liability will be limited to supplying the same services again or paying the cost of having the services supplied by someone else (at BaiLa Fitness’ option).

BaiLa Fitness makes no representation that the content of this Website complies with the laws of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

Limitation of Liability
To the extent permitted by law and without limiting any non-excludable consumer rights you may have, BaiLa Fitness and its affiliates will not be liable for any direct, indirect, incidental, special, consequential or punitive loss or damage, loss of profits, revenue, expectation, business, savings, data or unavailability of systems or any other loss whatsoever, whether arising under contract, statute, tort (including negligence) or otherwise, in connection with this Website, or any use of or access to, or any inability to use or access, this Website.

You will hold us and our affiliated companies (including but not limited to BaiLa Fitness) harmless against any claims, proceedings losses, liabilities, costs or other expenses (including legal costs) incurred by them in connection with, whether directly or indirectly, your breach of these terms and conditions, your use or access of this Website or any violation by you of any applicable law or these terms and conditions.

Inconsistency
In the event of any inconsistency between these terms and conditions and our Privacy Policy, the terms of our Privacy Policy prevail to the extent of the inconsistency.

Force Majeure
BaiLa Fitness and their affiliates will not be responsible for any delay in performing their obligations under these terms and conditions due to causes beyond their reasonable control.

Termination
You may terminate your account at one month’s notice to us in writing.

BaiLa Fitness may limit or terminate your access to this Website at any time without notice including but not limited to there being any violation of these terms and conditions by you at any time; any abuse or defamation to our brand; and or, any other offence towards BaiLa Fitness.

Applicable law
By using this Website, you agree that any claim or dispute arising in connection with these terms and conditions, or your use of this Website, will be resolved in accordance with the law applying in the State of Victoria, Australia and under the exclusive jurisdiction of the courts of Victoria and of the Commonwealth of Australia.

These terms and conditions were last updated in August 2020.