Disclaimer & Cancellation Policy.
www.soulflexibleonline.com.au Terms & Conditions Disclaimer
Type of website: Ecommerce
Effective date: 1st day of January, 2024
Click through to Privacy Policy
Last Update: 14th January, 2024
TERMS AND CONDITIONS
These terms and conditions (the "Terms and Conditions") govern the use of www.soulflexibleonline.com.au (the "Site") and www.soulflexible.com.au (the "App") . This Site and the App are owned and operated by VWP Corporation Pty Ltd. This Site is an ecommerce website.
By using this Site and the App, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
14 DAY FREE TRIAL PERIOD
Signing up to our 14-day trial provides you free access to our App for a total of 14 days.
We require you to sign up using your nominated credit card for your monthly subscription payment of $24 per month following the inital 14-day trial period.
If you do not wish to continue your subscription following the 14-day trial period you are required to cancel your subscription online via the “Manage my Account” link prior to the 14th day close of business.
If you continue, your subscription automatically renews each month and you will be automatically billed until you cancel online. Please note: on sign up you have agreed to these terms and conditions.
PRE-EXERSIZE SCREENING
If you have a pre-existing injury or current injury you must have medical clearance from your physiotherapist or doctor before beginning classes with us.
If you are pregnant, you must have medical clearance from your physiotherapist or doctor before beginning classes with us.
Members in their first trimester, may practice any of our classes;
Members in their second and third trimester, may practice pregnancy specific classes only. Pregnancy guidelines recommend not laying on your back for extended periods of time, omitting abdominal exercises and replacing with kegels and; avoiding prone positions.
Please get in touch with us if you have questions or concerns hello@soulflexible.com.au
SUBSCRIPTION MEMBERSHIP & CANCELLATION TERMS
To use the App you’ll sign up to our monthly subscription via the App.
Your subscription automatically renews each month and you will be automatically billed until you cancel your subsciption membership with us.
Cancellations
To cancel your subscription, you can cancel online immediately via your Manage My Account link, supplied at checkout, found in the footer of our website, or by clicking here - Manage My Account.
Alternatively, you can email hello@soulflexible.com.au providing 7-days notice of intention to cancel.
Our monthly subscriptions can be cancelled at any time.
There are no lock in contracts or cancellation fees.
Once cancellation has been completed by our administrator, the user will have until the end of their current billing cycle to access the App.
Following the billing cycle period the user's access to the App will be removed.
Refunds are not provided for change of mind purchases or for the remaining current billing cycle.
Deleting the App from your phone does not cancel your agreement with us or the subscription that you signed up to. All cancellations must be processed and therefore are required in writing with 7 days notice or cancelled by you via the “Manage My Account'“ link.
Payments & Credit Card Privacy
We accept the following payment methods on our Site:
Credit Card.
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument each month until you cancel your subcription membership.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
If you have missed a payment and we are unable to charge the agreed amount after 4 repeats, your membership will be cancelled and you’ll no longer have access to the App. If you are on the founding member price of $19.95 and wish to sign up again you’ll sign up at the new price of $24.00 per month.
If your credit card is due to expire, you can update your credit card details via the “Manage My Account” link (which is also located in the footer of our website and at checkout).
We use an external service provide, Stripe, to store your credit card details and all your information is kept private and confidental. Following cancellation your stored card will no longer be used. If you wish to have your credit card details removed from Stripe email their privacy team privacy@stripe.com
REFUNDS ON SERVICE
We do not provide refunds for services sold on our Site or App as follows:
We do not offer refunds for change of mind, service not utilised or anything else, or for any other reason. Refer to cancellation policy above.
We do not offer refunds for trials not cancelled online via the 14-day trial period.
Intellectual Property
All content published and made available on our Site and App is the property of VWP Corporation Pty Ltd and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files, videos and anything that contributes to the composition of our Site.
Age Restrictions
The minimum age to use our Site and App is 18 years old. By using the Site and App, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.
Sale of Services
These Terms and Conditions govern the sale of services available on our Site.
The following services are available on our Site:
From the Site users can download the Soul Flexible mobile Pilates App.
The services will be paid for in full when the services are ordered and monthly after that.
These Terms and Conditions apply to all the services that are displayed on our Site and App at the time you access it. All information, descriptions, videos or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, videos or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk.
We reserve the right to modify, reject or cancel your service whenever it becomes necessary. If we cancel your service and have already processed your payment, we will give you continued access to our App until the end of your billing period.
Third Party Goods and Services
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.
Consumer Protection Law
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
Limitation of Liability
VWP Corporation Pty Ltd and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site or App.
Indemnity
Except where prohibited by law, by using this Site or App you indemnify and hold harmless VWP Corporation Pty Ltd and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the State of Western Australia.
Additional Terms
OUR ROLE:
Soul Flexible offers on demand Pilates classes via our App. We are not a technology or tech support company.
USER CONDUCT:
You must not use the Pilates App in any way that causes, or is likely to cause harm to yourself or to others. You must use the App as it is intended and follow the instructions and guidance of your teacher.
You understand that you are responsible for managing current physical injuries and/or mental health. Should any exercises or movements cause you pain you are advised to stop immediately and consult your Doctor, Allied Health Professional or in person Pilates Practitioner.
If you have a current injury you are required to seek medical approval from your Doctor or Allied Health Professional stating that you can participate in online unsupervised classes.
PERSONAL INFORMATION:
Your submission of personal information through the Site and App is governed by our Privacy Policy, which can be viewed by clicking on the Privacy Policy link located at the bottom of our Site. (the Privacy Policy). These Terms and Conditions incorporate by reference the terms and conditions of the Privacy Policy.
PASSWORD SECURITY:
You are solely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorised use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your or anyone else's password.
If you require a password update, you can contact the administrator directly who can reset your password at your request.
USER ACCOUNT:
VWP Corporation Pty Ltd does not give users permission to share user logins with multiple users. We reserve the right to terminate your account at any time should this occur.
GENERAL CONDITIONS:
We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or App, use of the Service, or access to the Service or any contact on the App through which the Service is provided, without express written permission by us.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and App: and the way we expect users to behave on our Site and App. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
m: 0401 436 986
e: hello@soulflexible.com.au
a: Cheltenham Approach, Harrisdale, WA, 6112
You can also contact us through the feedback form available on our Site under the Contact Us section located at the bottom of our Site.