Terms & Conditions

Purchase Terms and Conditions Your Reformer’s General Conditions for Supply of Goods

1. The Contract and precedence of documents

1.1 Nature of these General Conditions

• Control Fitness (the Supplier) may change these General Conditions from time to time by uploading a new version of these General Conditions on the Supplier’s website, together with the date on and from which the General Conditions are effective.
• It is the Purchaser’s obligation to check the Supplier’s website or ask the Supplier to provide a copy of the most up to date General Conditions at the time the Purchaser enters into any new Contract. By entering into a Contract after the date upon which the new General Conditions become effective, the Purchaser accepts and is bound by the General Conditions in effect at that time.
• After entry into a Contract, no amendment or variation of the Contract is valid or binding on a Party unless made in writing and signed by both Parties (the General Conditions in effect at the time of Contract will apply and bind).

1.2 Contract

The Contract consists of the following documents:

• the Order;
• the Special Conditions (if any);
• these General Conditions; and
• any other document which is attached to, or incorporated by reference in, the Contract (provided that documents incorporated by reference have been provided or made available to, and accepted by, the Supplier),
• and is binding on the parties on the Execution Date.

1.3 Precedence of Contract documents

• If there is any conflict or inconsistency between the documents constituting the Contract, unless otherwise provided, the documents will rank in order of precedence in accordance with the order in which they are listed in clause 1.2.

1.4 Entire agreement

• The Contract contains the entire agreement between the Purchaser and the Supplier with respect to its subject matter and supersedes all prior communications and negotiations between the Purchaser and the Supplier in this regard.
• No terms or conditions submitted by either Party that are in addition to, different from or inconsistent with those contained in the Contract are binding upon either Party unless specifically and expressly agreed to in a writing signed by duly authorised representatives of both Parties.
• The Purchaser agrees that the Contract in all circumstances prevails over the Purchaser’s terms and conditions of purchase or supply (if any).
• The United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) (CISG) is excluded.

2. Definitions

In these General Conditions (and the Contract) the following terms have the meanings set out below:

Business Day means a day on which banks are open for business in United Kingdom.

Claim means any claim, cause of action, notice, demand, action, proceeding, litigation, investigation, judgement, however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort (including negligence), statute or otherwise and whether involving a third party or a Party to this Deed.

Contract is defined in clause 1.2.

Contract Price is defined in clause 8(a).

Corporations Act means the Corporations Act 2001 (Cth).

Delivery Location means the address that the Purchaser specifies for delivery of the Goods in the Order.

Delivery Price is defined in clause 8(b).

Execution Date means the date specified as such in the Order agreed by the Supplier or in the absence of such the date on which the Supplier accepts the Purchaser’s offer to buy the Goods.

General Conditions means these Supplier’s General Conditions for Supply of Goods.

Goods mean the goods, materials, supplies, equipment or other items being purchased by the Purchaser from Control Fitness including any identified in the Order.

Government Agency means any government or governmental, semi‑governmental, administrative, municipal, fiscal or judicial body, department, commission, authority, tribunal, agency or entity in any state, country or other jurisdiction, including any stock exchange and other selfregulatory organisation established under Law.

Insolvent means the happening of any of the following events:

• being bankrupt or committing an act of bankruptcy; or
• a Party is, or states that it is, unable to pay all of its debts as and when they become due and payable, or it has failed to comply with a statutory demand as provided in section 459F(1) of the Corporations Act; or
• an order is made for the winding up or dissolution, or a resolution is passed or any steps are taken to pass a resolution for the winding up or dissolution, (other than for the purposes of reconstruction or amalgamation the terms of which have previously been approved in writing by Purchaser), and the order is not set aside or the resolution is not withdrawn (as applicable) within 30 days; or
• an administrator, provisional liquidator, liquidator or person having a similar or analogous function under the laws of any relevant jurisdiction is appointed or any action is taken to appoint any such person and the action is not stayed, withdrawn or dismissed within 14 days; or
• a controller (as defined in the Corporations Act) is appointed in respect of any property of the Party; or
• the Party is deregistered under the Corporations Act; or
• the Party enters into, or takes any action to enter into, an arrangement (including a scheme of arrangement or deed of company arrangement), composition or compromise with, or assignment for the benefit of, all or any class of its creditors or members or a moratorium involving any of them (other than for the purposes of reconstruction or amalgamation the terms of which have previously been approved in writing by the other Party); or
• the Party disposes of the whole or any part of the Party’s assets, operations or business other than in the ordinary course of business; or
• the Party ceases, or threatens to cease, carrying on its business; or
• anything analogous to or of a similar effect to anything described above under the law of any relevant jurisdiction occurs in respect of the Party.

Law means:

• the law in United Kingdom;
• any law or legal requirement, including at common law, in equity, under any statute, rule, regulation, proclamation, order in council, ordinance, bylaw, interim development order, planning scheme or environmental planning scheme whether commonwealth, state, territorial or local;
• any decision, rule, ruling, binding order, interpretative decision, directive, guideline, request or requirement of any Government Agency.

Liabilities means liabilities, losses, damages, costs and expenses of any kind and however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort (including negligence), statute or otherwise including where arising under any Claim.

Non Excludable Guarantee has the meaning given in clause 13.3.

Order means a document that specifies the details of the Goods to be purchased and will include details of the particular Good or Goods, price, delivery address, purchaser details, and Payment Terms.

Party means a party to the Contract.

Payment Terms has the meaning specified or reference in the Order or if not identified in the Order as advised by the Supplier to the Purchaser in writing.

PPS Act has the meaning given in clause 12.1.

Purchaser Group means Purchaser and any Related Body Corporate of Purchaser.

Related Body Corporate has the meaning given in the Corporations Act 2001 (Cth).

Security Interest means a security interest as described in the PPS Act.

Specifications mean the written specifications for the Goods as approved and issued by the Supplier and any variation of those specifications made in accordance with the Contract as provided in the Order.

Special Conditions means the special conditions identified in the Order or if not identified in the Order such conditions as advised by the Supplier to the Purchaser in writing as being Special Conditions.

Sub‑contractor means any person engaged by the Supplier to perform all or any part of the Supply on behalf of the Supplier.

Supply means the supply of Goods in accordance with the Contract.

Supplier means Control Fitness

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3. Interpretation

Unless expressed to the contrary, in the Contract:

• words in the singular include the plural and vice versa;
• any gender includes the other genders
• if a word or phrase is defined, its other grammatical forms have corresponding meanings; “includes” means includes without limitation;
• a right includes a benefit, remedy, discretion or power;
• time is to local time in United Kingdom;
• £ is a reference to the Currency referred to in the Order (or English Pounds if not referenced in the Order);
• this or any other document includes the document as novated, varied or replaced and despite any change in the identity of the Parties;
• writing includes:
  • any mode of representing or reproducing words in tangible and permanently visible form, and includes fax transmissions; and
  • words created or stored in any electronic medium and retrievable in perceivable form;
• a clause, schedule or annexure is a reference to a clause, schedule or annexure, as the case may be, of the Contract;
• if the date on or by which any act must be done under the Contract is not a Business Day, the act must be done on or by the next Business Day;
• if any act is done after 5pm on the specified day, it is taken to have been done on the following Business Day;
• any agreement, representation, warranty or indemnity by two or more Parties (including where two or more persons are included in the same defined term) binds them jointly and severally; and
• any agreement, representation, warranty or indemnity in favour of two or more Parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally.

4. Supply of goods

The Supplier will Supply under the terms of the Contract and in consideration of the payment of the Contract Price by Purchaser.

5. Title and risk

5.1 Risk

• Unless the Supplier explicitly agrees in the Order to carry in the risk in the Goods up to the Delivery Location, the risk in the Goods passes to the Purchaser from the time the Goods are dispatched from the Supplier’s premises (Dispatch Time).
• The Purchaser must ensure that the Goods are adequately insured from the Dispatch Time and otherwise accepts all risk of the Goods from that Dispatch Time.

5.2 Title in the Goods

• Subject to clause 5.2(b), title in and to the Goods will not pass to the Purchaser until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of the Goods.
• Nothing in these General Conditions:
  • assigns or transfers any right or title to any intellectual property in the Goods to the Purchaser; or
  • provides you with a licence to use any mark, name, logo, branding or merchandise for any reason (including that you must not use for promotion or advertising or any other commercial exploitation).

5.3 Before transfer of ownership

Until ownership of the Goods has passed to the Purchaser, the Purchaser will:

• have no right or claim to any interest in the Goods to secure any liquidated or unliquidated debt or obligation the Supplier owes to the Purchaser;
• not resell the Goods;
• not be able to claim any lien over the Goods;
• hold the Goods on a fiduciary basis as the Supplier’s bailee and owes the Supplier the duties and liabilities of a bailee;
• store the Goods (at no cost to the Supplier) separately from all other goods of the Purchaser or any third party in such a way that they remain readily identifiable as the Supplier’s property;
• not permit any security interest to be registered or any other encumbrance to be taken over the Goods;
• not deliver them or any document of title to the Goods to any person except as directed by the Supplier;
• not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and
• maintain the Goods in satisfactory condition and keep them insured on the Supplier’s behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request the Purchaser will produce the policy of insurance to the Supplier.

5.4 Use of Goods

The Purchaser must not use the Goods for any purpose other than the intended use of the Goods as we describe in our instructional materials.

5.5 Right to Possession

• The Purchaser’s right to possession of the Goods will terminate immediately if:
• the Purchaser fails to make payment of any amounts due to the Supplier in respect of the Goods;
• the Purchaser becomes Insolvent or unable to pay its debts; commits an act of bankruptcy or is made bankrupt; assigns assets for the benefit of creditors generally; makes a composition or other arrangement with creditors; convenes a meeting of creditors (whether formal or informal); being a company, goes into liquidation, administration or receivership; any proceedings are commenced relating to the Insolvency or possible Insolvency of the Purchaser; ceases to trade; or if anything analogous to the foregoing occurs in relation to the Purchaser;
• the Purchaser fails to comply with any of its obligations under the Contract; or
• the Purchaser encumbers or in any way charges any of the Goods before title has passed to the Purchaser.

5.6 Recovery of Payment

The Supplier will be entitled to recover the Contract Price notwithstanding that title in and to the Goods has not passed from the Supplier.

5.7 Irrevocable Licence

In addition to any rights the Supplier may have under Chapter 4 of the PPS Act, the Supplier is entitled at any time until title in and to the Goods passes to the Purchaser to demand the return of the Goods and, except where the Purchaser is an Individual, is entitled without notice or liability to the Purchaser to enter (or have its representatives enter) any premises occupied by the Purchaser in order to search for and remove the Goods. The Purchaser and its representatives must provide all reasonable assistance to the Supplier and its representatives for this purpose. If there is any inconsistency between the Supplier’s rights under this clause 5.7 and its rights under Chapter 4 of the PPS Act, this clause 5.7 prevails to the extent of the inconsistency.

6. Delivery

6.1 Date of Delivery

• Any dates specified by the Supplier for delivery of the Goods are intended to be an estimate and time for delivery will not be made of the essence by notice. If no dates are so specified, delivery will be within a reasonable time (if you have pre-ordered, delivery will be within a reasonable time of the delivery date given as part of the pre-order).
• Where instructed, the Supplier may leave the Goods at the Delivery Location:
  • it is the Purchaser’s responsibility to ensure that the location can be accessed safely and the Goods once delivered will be secure;
  • risk in the Goods will pass to the Purchaser; and
  • the Goods will be deemed to have been delivered.

6.2 Liability for Failure to Deliver

Subject to the other provisions of these General Conditions, the Supplier will not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss) or loss which does not naturally arise, costs, damages, charges or expenses caused directly or indirectly when keeping or using the Goods, or any delay in the delivery of the Goods (even if caused by the Supplier’s negligence), nor will any delay entitle the Purchaser to terminate or rescind the Contract unless such delay exceeds 120 days and in that event, termination and refund of the Contract Price paid to the Supplier in respect of any undelivered Goods will be the sole remedy of the Purchaser.

6.3 Failure to Accept Delivery

If for any reason the Purchaser fails to accept delivery of any of the Goods at the Delivery Address when they are ready for delivery, or the Supplier is unable to deliver the Goods to the Delivery Location because the Purchaser has not provided appropriate instructions, documents, licences or authorisations, the Purchaser must pay for the cost of redelivery and reasonable storage costs for the Goods until redelivery is actioned.

6.4 Equipment and Labour

Except for where we explicitly agree to provide delivery into the home or premises and you pay the charges for such a service, the Purchaser will provide at the Delivery Location and at its own expense adequate and appropriate equipment and manual labour for unloading and receiving the Goods (and will be responsible for the Goods at and from the Delivery Location).

7. Nondelivery

7.1 Quantity of Goods

The quantity of any consignment of Goods as recorded by the Supplier on despatch from the Supplier’s place of business will be conclusive evidence of the quantity received by the Purchaser on delivery unless the Purchaser can provide conclusive evidence proving the contrary.

7.2 Replacement of Goods

Any Liability of the Supplier for nondelivery of Goods to the Delivery Location will be limited to replacing the Goods within a reasonable time or refunding any money paid for such Goods at the Supplier’s option.

8. Contract Price and Delivery Price

Each of the:

• Contract Price; and
• Delivery Fee,

means the amount payable by the Purchaser to the Supplier in relation to the Supply as set out in the Order, or as otherwise notified by the Supplier to the Purchaser in writing, but exclusive of any GST which the Purchaser must pay in addition, as applicable under relevant laws, when it is due to pay for the Goods.

9. Taxes

9.1 Exclusive of GST

Unless otherwise expressly stated, prices or other sums payable or consideration to be provided under or in accordance with this Contract are exclusive of GST.

9.2 Payment of taxable supply

If a party makes a taxable supply under or in connection with this Contract, the recipient of the taxable supply must pay to the supplier at the same time.

9.3 Adjustments

If an adjustment event arises in connection with a supply made under this Contract, the supplier must give the other party an adjustment note in accordance with the relevant  law.

9.4 Reimbursements

If this Contract requires one party to pay for, reimburse or contribute to any expense, loss or outgoing suffered or incurred by the other party, the amount required to be paid, reimbursed or contributed by the first party will be reduced by the amount on input tax credits (if any) to which the other party is entitled in respect of the reimbursable expense.

9.5 Defined terms

In this clause words and expressions which have a defined meaning in the law have the same meaning as in the law;

• ” law” has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) or, if that Act does not exist for any reason, means any Act imposing or relating to the imposition.

9.6 Survival

This clause 9 will continue to apply after expiration or termination of this Contract.

10. Payments to supplier

10.1 Method of payment

Unless otherwise provided in the Contract, all payments required to be made to the Supplier by the Purchaser pursuant to the Contract must be made in United Kingdom by electronic funds transfer into the Supplier’s nominated bank account.

10.2 Payment Terms

Unless otherwise provided for in these Terms, all amounts payable by the Customer to the Supplier are payable in accordance with the Payment Terms and if no Payment Terms are expressly provided in the relevant Order, all amounts payable to the Company are payable in full within 7 days of the invoice provided by the Supplier or its agent.

10.3 Payment for Goods

• The Purchaser will make all payments due under the Contract in full without any deduction whether by way of setoff, counterclaim, discount, abatement or otherwise.
• If the Purchaser fails to pay the Supplier any sum due pursuant to the Contract in accordance with the Payment Terms, the Purchaser will be liable to pay interest to the Supplier on such sum from the due date for the payment at the annual rate of 2% above the Commonwealth Bank Corporate Overdraft Reference Rate from time to time, accruing on a daily basis until payment is made.

11. Description of Goods

Any non-material deviation from the Specifications, quantity, description, particulars of weights, dimensions and product ingredients of the Goods does not vitiate any Contract with the Supplier or form grounds for any claim against the Supplier.

12. Personal Property Securities Act

12.1 Definitions

In this clause 12: PPS Act means the Personal Property Securities Act 2009 (Cth); PPS Property means any property over which a Security Interest can be legally granted under the PPS Act; PPSR means the Personal Property Securities Register established under section 147 of the PPS Act; Security Interest has the meaning given to that term under the PPS Act; “accession”, “account”, “amendment demand”, “control”, “financing change statement”, “financing statement”, “perfected”, “proceeds”, “purchase money security interest”, “registration event” and “verification statement” have the meanings given to them under the PPS Act.

12.2 PPS Act Provisions

• The Purchaser agrees to grant the Supplier a Security Interest in the Goods to secure the Supplier’s rights against the Purchaser under the Contract.
• The Purchaser acknowledges and agrees that any Security Interest created by this Contract, or any transaction contemplated by it, extends to, and acts as a Security Interest in respect of, any proceeds (including any account) derived from, or from a dealing with, the Goods and accession to the Goods.
• The Purchaser agrees to do anything which the Supplier may require from time to time to:
  • enable the Supplier to register fully valid and effective financing statements or financing change statements with respect to any Interest over PPS Property created by the Contract or any transaction contemplated by it; and
  • ensure that any Security Interest which is purported to be reserved or created by the Contract, or any transaction contemplated it, is:
    • a first ranking perfected Security Interest over all PPS Property;
    • perfected by control to the extent possible under the PPS Act; and
    • if applicable, recorded as a purchase money security interest on the PPSR.
  • The Purchaser agrees:
    • to not, without first providing at least 14 days written notice to the Supplier, change its name, ACN, ABN, address, email address, facsimile number or any other details that have been, or are required to be, recorded on the PPSR in connection with any Security Interest created by the Contract or any transaction contemplated it; and
    • to not, without the prior written consent of the Supplier, lodge or serve a financing change statement or an amendment demand in relation to any Security Interest created by the Contract or any transaction contemplated by it.
• Where the secured Goods are commercial property, and to the extent otherwise permitted by the PPS Act, the Purchaser irrevocably waives the right to receive from the Supplier any verification statement or notice in relation to a registration event in accordance with section 157(3)(b) of the PPS Act.
• The Purchaser and the Supplier agree that:
  • to the extent that section 115(1) of the PPS Act allows them to be excluded, sections 95, 96, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142, and 143; and
  • to the extent that section 115(7) of the PPS Act allows them to be excluded, sections 127, 129(2), 129(3), 132, 134(2), 135, 136(5) and 137,
• do not apply to any enforcement by the Supplier of any Security Interest in the PPS Property.
• The Purchaser waives the right to receive any notice under the PPS Act (including notice of a verification statement) unless the notice is required by the PPS Act and cannot be excluded.

12.3 Termination

On termination of the Contract, however caused, the Supplier’s (but not the Purchaser’s) rights contained in this clause 12 will remain in effect.

13. Limitation of liability

13.1 Liability for our supply

The following provisions set out the entire Liability of the Supplier (including any Liability for the acts or omissions of its employees, agents and subcontractors) to the Purchaser in respect of:

• any breach of these conditions;
• any use made or resale by the Purchaser of any of the Goods, or of any product incorporating any of the Goods; and
• any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.

13.2 Exclusions

• All warranties, conditions and other terms express or implied by statute, trade, custom or usage, common law, or otherwise in relation to the supply of the Goods are, to the fullest extent permitted by law, excluded from the Contract.
• The Goods Act 1958 (Vic) sections 17, 18, 19(a), 19(b), and 20 are excluded.

13.3 Non Excludable Guarantee

Nothing in the Contract limits, excludes, or modifies any guarantee, term, condition, or warranty implied or imposed by law (including the ACL) (NonExcludable Guarantee) to the extent that it would be illegal, or not permissible under law, for the Supplier to, or attempt to, limit, exclude, or modify such a NonExcludable Guarantee.

13.4 Total Liability

• The Seller’s liability for breach of a Non Excludable Guarantee applicable to the Supply is, where permitted, limited to replacement (or the cost of replacement) of the Goods, the supply (or the cost of supply) of equivalent Goods, or the repair (or the cost of repair) of the Goods (at the Supplier’s option).
• To the maximum extent permitted by law, neither party will have any liability to the other for fines, penalties, taxes (except GST) and any exemplary, aggravated or punitive damages, liquidated damages or any indirect or consequential loss (including loss of business, loss of revenue, loss of contract, loss of production, lost opportunity costs), loss which does not naturally arise, legal costs and expenses (except reasonable legal costs awarded by a court) except where:
  • such losses are covered by an insurance policy held by the party and in which case, Liability is limited to the amount of paid out by the insurer; or
  • the Purchaser misuses or infringes any intellectual property belonging to Control Fitness.
• To the maximum extent permitted by law, the Supplier does not have any liability or responsibility for any personal injury, fatigue, or property damage sustained by or through use of the Goods.
• Except to the extent excluded by law, the Purchaser indemnifies the Supplier against any losses, damages, claims, Liabilities, expenses, payments or outgoings incurred by the Supplier to the extent any of these were caused by the Purchaser’s, or any one or more of its agent’s, officer’s, subcontractor’s or employee’s acts or omissions or its breach of its obligations under the Contract.
• The Purchaser accepts the Goods at its own risk except where the Supplier owes a duty of care at law that has not been, or cannot be, excluded by the Contract and, save as set out in the Contract, the Supplier will not be liable to the Purchaser for any loss, damage, injury or death sustained by any person or to any property howsoever caused.

13.5 Indemnity

Except in the case of legal liability caused solely by the Supplier’s negligence, the Purchaser shall be responsible for and shall save, indemnify, defend and hold harmless the Supplier from and against any claims and losses in respect of:

• loss or damage to any property, whether owned by the Purchaser, the Supplier or a third party; and
• personal injury or death of any person,

arising from or in connection with the use of the Goods.

14. Termination

14.1 Right of Termination for Purchaser’s Acts or Omissions

A Party may terminate the Contract with immediate effect by giving written notice to the other Party if the other Party:

• is the Purchaser and fails to pay any amount due under the Contract on the due date for payment;
• commits a material breach of its obligations under the Contract and (if such breach is remediable) fails to remedy that breach within a period of 30 days after receipt of notice in writing requiring it to do so; or
• suspends, or threatens to suspend, payment of its debts or is, or is deemed to be, Insolvent.

14.2 Further Right of Termination

• The Supplier has quoted the price for the Goods on the basis that the materials or component products incorporated into the Goods can be acquired from third party suppliers at an estimated price at a certain date (market price). The Purchaser acknowledges and accepts that the Supplier may pass through increased supply costs to the Purchaser by increasing the Contract Price by an equivalent amount at any time prior to the Supplier’s delivery of the Goods to the Purchaser. If the Purchaser does not agree to the increased Contract Price, the Purchaser may terminate the Contract by written notice within 5 Business Days of receiving notification from the Supplier of the Contract Price increase. In those circumstances:
  • the Supplier must refund to the Purchaser any money paid as full or part payment of the Contract Price; and
  • except as provided under clause 14.2(a)(i), neither Party incurs a Liability to the other Party due to terminating the Contract.
• The Supplier may by written notice to the Purchaser terminate the Contract where an unforeseen event including an act of God, government action, strike, natural catastrophe, pandemic, embargo, labour strike, or any other event outside of the Supplier’s reasonable control results in the Supplier being delayed from supplying the Goods for at least 30 days, and may otherwise suspend performance of its obligations under the Contract for the period that such event continues.

15. Notices

15.1 Form of notice

Any notice, demand, consent or other communication given or made pursuant to the Contract must be in writing and be personally served, sent by post or be a letter sent by email to the Party to whom the notice is addressed at its address shown in the Contract or such other address as that Party may have notified to the other Party.

15.2 Notices deemed given

A notice will be taken to be duly given:

• in the case of personal delivery, when delivered; or
• in the case of delivery by post, 3 Business Days after the date of posting (if posted to an address in the same country) or 7 Business days after the date of posting (if posted to an address in another country); or
• in the case of email, when the message is successfully transmitted,

but if the result is that a notice would be taken to be given or made on a day that is not a Business Day or the notice is sent later than 4.00pm (local time in the place of receipt) it will be taken to have been duly given or made at the commencement of business on the next Business day.

16. Waiver

A failure to exercise, or any delay in exercising any right, power or remedy by a Party does not operate as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the Party granting that waiver unless made in writing.

17. Further assurances

Each Party agrees to do all things and execute all deeds, instruments, transfers or other documents as may be necessary or desirable to give full effect to the provisions of the Contract and the transactions contemplated by it.

18. Severability

Any provision of the Contract which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. This does not invalidate the remaining provisions of the Contract nor does it affect the validity or enforceability of that provision in any other jurisdiction.

19. Governing law

The Contract is governed by the laws of the laws of Victoria, Australia and any dispute is subject to, or claim to be made must be made, in that jurisdiction.

Effective: February 1st, 2024

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Disclaimer

Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by a Control Fitness instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the App or our live classes. Control Fitness is not a medical organisation and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing the Control Fitness OnDemand videos or live classes. Nothing contained in this Website should be construed as any form of such medical advice or diagnosis.

By using the Website you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from Control Fitness, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors 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 and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Control Fitness, or any person or entity involved with Control Fitness, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.

When participating in Control Fitness OnDemand Classes ensure you always:

– Check that you have sufficient space to practice

– Check there are no trip/slip hazards

– Check there are no objects you may fall on or come in contact with

– Check there are no sharp objects or hot surfaces near by
Ensure you have sufficient lighting

– Ensure your camera/screen and other electrical appliances, including cables, are on a levelled surface and not in your training space causing a trip hazard

– Ensure the room has sufficient ventilation

– Ensure you have water to keep hydrated

– Remember to seek medical advice before training if you have any existing injuries or other medical conditions

– Remember that children require adult supervision whilst practicing

– Ensure all household members are aware of the training and avoid entering the space

– The Control fitness Reformer Bed and Studio Beds can support users up to 130kg respectively.

The minimum age requirement is 18 years old.

In no event shall Control Fitness directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, (III) any unauthorised access to or use of Control Fitness secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from the Website, (V) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Website by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Control Fitness OnDemand Video or live classes  is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that Control Fitness shall not be liable for content posted by users or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. Any reference to a person, entity, product, or service on this Website does not constitute an endorsement or recommendation by Your Reformer or any of its employees. Control Fitness  is not responsible for any third party content on the Website or third party web page accessed from this Website, nor does Control Fitness warrant the accuracy of any information contained in a third party website or its fitness for any particular purpose. No communication of any kind between you and Control Fitness or a representative of Control Fitness shall constitute a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in the terms of use. Control Fitness reserves the right to remove any material posted on the Website that it determines in its sole discretion is violative of any law or right of any person, infringes the rights of any person, or is otherwise inappropriate for posting on the website.

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Videos on demand and live classes Subscription terms & conditions

Control Fitness OnDemand App Terms and Conditions

Tracey Hair Control Fitness operates the Control Fitness OnDemand online software as a service application through which you may access our online classes and Services subject to these terms and conditions.

Please read these online classes Terms carefully before using the online classes  or the Service, as your use of the online demand and live classes and the Service is subject to these Terms. Use of your personal information submitted via the website and online classes is governed by our Privacy Policy available on our website. By using the Service via the website/online classes  (whether now or in the future) or continuing to use the videos and live classes, you agree to be bound by these Terms and our Privacy Policy. If you do not accept these Terms or our Privacy Policy you should cease using the online demand and live classes and the Service immediately.

1. Definition of App Terms

• Service means the fitness programs, classes, content, and features provided by us through the website, or other mediums as may be available from time to time.
• Member means any person who is also a subscriber to the online demand classes and live classes.
• User Content means any post, submission, photo, video or other content uploaded or otherwise made available through the Service by any Member or user (including you).

2. App and Terms

• When you register an account with our online demand videos or live classes , you must provide us with personal information such as your name and email address. We may also request additional personal information such as your age (or age range), gender and health information. We will handle all personal information we collect in accordance with our Privacy Policy.
• When you create an account within our App, you will give your details (including your payment details if you wish to access classes), and we will provide you with a username and you will be required to select a password.
• You must keep this username and password secure and take all reasonable actions to protect your username and password from unauthorised use. You must not share, give or sell your username or password to any other person. Excessive viewings or logins under your username may be construed by us as unauthorised use of the Services, which may result in the immediate cancellation of your access to the Services without refund.
• By accessing any part of the online video demand or live classes, you agree that you accept these Terms. If you do not accept these Terms, you must not use any part of the online classes, Service or functionality of the online classes.
• We may revise these Terms at any time. You should check the website regularly to review the current Terms. You will be subject to the online classes Terms as amended and in force at the time that you use the Service. Your continued use of the Services and accessing of the online classes constitutes your acceptance of these App Terms as in force at the applicable time.
• You are responsible for making all arrangements necessary for you to have access to the online classes, including any fees or costs associated with hardware, equipment, software, services and/or carrier fees.
• You must be 18 years old or older to use the Services.

3. Subscription

• You acknowledge and agree that:
  • you must have a subscription to access and use the online classes (Subscription) and to have a Subscription where you can access all of the Services you must pay us the fee stated at the time that you subscribe to the online classes (inclusive of any taxes as may be relevant from time to time) (Subscription Fee);
  • you must pay the Subscription Fee in accordance with the billing frequency specified at the time that you subscribe to the Services (Due Date);
  • your subscription to the Services automatically renews on the Due Date unless cancelled in accordance with this clause 3; and
  • the Subscription Fee is subject to review by us and may be varied by notice in writing to you not less than 30 days prior to the Due Date, and you agree that such notice may occur via email or by other reasonable means. If you do not agree to the Subscription Fee as varied, you may terminate your subscription without consequence effective the day before the Due Date on which the varied Subscription Fee takes effect.
• Your Subscription and use of the Service is conditional on you paying the Subscription Fee in an up-to-date manner.
• All prices are in English Pounds.
• Payment of the Subscription Fee is processed by direct debit by a third party, such as Debit Success, Apple Pay, Google Pay, Stripe or any other provider we may introduce from time to time and you elect to use. You can find the terms and conditions for each direct debit provider by visiting their website.
• For certain direct debit providers, eg: Stripe, your access to (and use of) the Services in your Subscription can be cancelled via your direct debit provider (by following their notice period and cancellation rules).
• In each instance, you will be prompted to complete the direct debit agreement offered by the relevant direct debit provider during the registration process.
• Your payment details must be verified before your access to the Services can be activated. If your initial payment authorisation is revoked, your access to the Services will be terminated before you can commence using the Service.
• Payment of the Subscription Fee will be direct debited from your nominated financial institution or payment method. It is your responsibility to provide valid payment details and ensure that your payment details are up to date at all times.
• If a payment of the Subscription Fee is rejected, invalid or otherwise unsuccessful, your Subscription may be automatically cancelled at the end of the paid Subscription period.
• All payments made are non-refundable unless otherwise stated in these online and live classes Terms.

4. Cancellation

• Except where required to cancel via your direct debit provider, you may cancel your Subscription by emailing [email protected] This may be via your device or via the portal on our website, depending on where and how you first subscribed. Further you can contact us directly. Notice period will apply.
• Depending on the direct debit provider you use, you will be required to give a certain number of days notice (up to 30 days notice) in order to shut off the direct debit (as this period is set by the relevant direct debit provider).
• A confirmation email will be sent to you to confirm your Membership cancellation.
• Any cancellation of the Services by you will take effect at the end of the period to which the Subscription Fee relates.
• Upon cancellation of:
  • the Service, you will no longer be permitted to have access to or the benefit of the Service from the end of your paid subscription period.
  • the Subscription, you will no longer be permitted to have access to or the benefit of the online demand videos and live classes.
• You acknowledge and agree that we may terminate your access to the Service or Subscription in accordance with these Terms at any time and you accept that where any such termination occurs, there is no refund available for the Subscription Fee.

5. Subscription rights

• Subject to these online classes Terms and the up-to-date payment of the Subscription Fee, you will have access to the App and Services on a limited, non-exclusive, non-transferable, non-sublicensable, revocable basis solely for the purpose of:
  • receiving the Services; and
  • at all times, lawful and own personal non-commercial use of the App and the Services,
• (Purpose).
• You warrant to us that you will only use the online videos and live classes and Services for the Purpose and in accordance with these Terms.
• We reserve the right to add, remove or update features or functions of the online classes without notice to you. When we make any such changes to the service, or when a new version is released by us, you may be required to update the service on your device, or this may occur automatically. This may require your review and acceptance of our online classes Terms, in the form current at that time, before you will be permitted to continue use of or access to the updated or new version of the system. If you do not accept any updates or new versions released by the system, you acknowledge that we may not continue to support previous versions of the online classes  and any previous version may cease to be available, used or accessed.
• You must not:
  • reproduce or modify all or any part of the videos;
  • misuse the Service (including you must not copy any videos, share your log in details, hack the website, upload a virus, malware or similar, or engaging in cyber-bullying);
  • use, disseminate or reproduce any of the materials on the Services for commercial purposes without obtaining a licence from us to do so;
  • disassemble, decompile, modify or reverse engineer any part of the App nor merge it with any other software; or
  • directly or indirectly permit any third party to do any of the above.
• In accessing the online videos or live classes, you must comply with all applicable user conduct policies or any other relevant policies relating to the services notified by us to you from time to time by publication on the services, email or other reasonable means. It is your responsibility to check the website regularly to keep up to date with any such applicable policies.
• Unless otherwise stated and except to the extent owned by third parties or their licensors, the copyright and other intellectual property rights in the system and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these classes on demand or live classes Terms, any use of extracts from the App other than as expressly stated is prohibited.
• The on demand classes and live classes may not be used with, and no part of the classes may be reproduced or stored in, any other platform or application or included in any public or private electronic retrieval system or service, without our prior written permission.
• Any rights not expressly granted in these  Terms are reserved.

6. App and Service Access

• While we try to ensure the online classes is available 24 hours a day, we do not guarantee the availability of the videos (or any Service within), and we will not be liable to you (nor, except to the extent that a non-excludable guarantee applies, will any refund be given) if the Service within) is unavailable or otherwise not fully or properly functioning at any time or for any period.
• Access to the online classes may be suspended temporarily at any time and without notice and without refund.
• The transmission of information via the website is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the App; any transmission is at your own risk.

7. Links to and from other platforms

• We may provide links to third party platforms or websites. Such links are provided solely for your convenience. If you use these links, you leave the website. We have not reviewed and do not control any of these third-party platforms or websites, and we are not responsible for these platforms or websites or their content or availability. We do not endorse or make any representation about these platforms or websites, their content, or the results from using such platforms or websites. If you decide to access any of the third-party platforms or websites linked to the Services, you do so entirely at your own risk.
• You may link to the Services, provided that:
  • you do so in a fair and legal way which does not damage or take advantage of our reputation;
  • you do not establish a link from an application, platform, website or other medium that is not owned or validly licensed by you or in a way that suggests a form of association with or endorsement by us where none exists;
  • any service or content from which you link must comply with the content standards set out in these App Terms;
  • we have the right to withdraw linking permission at any time and for any reason.
• From time to time we will provide links to products which are paid promotions or we otherwise will receive a benefit or commission. When we do so, we will identify them appropriately.

8. Intellectual Property

• The Services, including, without limitation, all content, materials, design, text, images, video, photographs, illustrations, artwork, graphic material, code, content, protocols, software, and documentation (our IP) provided to you by us, are our property or the property of our licensors and are protected by copyright, trademarks and other proprietary rights and laws relating to intellectual property. Nothing contained in these App Terms should be construed as granting, by implication, estoppel or otherwise, any license or right to use our IP without our express prior written consent.
• You represent and warrant to us that, with regard to your User Content:
  • you own or have the necessary licences, rights, consents and permissions to use, and you irrevocably authorize us to use the User Content and all patents, trademarks, trade secrets, copyright and other proprietary rights in and to any and all of the User Content to enable their inclusion and use in the manner contemplated by us and these App Terms; and
  • you have the written consent, release and/or permission of each and every identifiable person in the User Content to use their name or likeness to enable inclusion and use of the User Content in the manner contemplated by us and these App Terms.
• You agree not to upload, publish, or otherwise transmit any User Content that is discriminatory, harassing, offensive, threatening, or harmful to any individual or group based on their race, ethnicity, gender, sexual orientation, religion, disability, or similar. You acknowledge that any violation of this clause may result in immediate termination of your account or access to the classes online or Service, and may also be subject to legal consequences as applicable under the relevant laws and regulations. You agree that the User Content will not:
  • include material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights or obligations of confidentiality, including privacy rights, unless you are the owner of such rights or have permission from the proper owner to post the material and to grant us all of the rights granted in these App Terms;
  • publish inaccuracies, falsehoods or misrepresentations that are defamatory or could damage us or any third party;
  • include material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or which encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law or which is otherwise inappropriate;
  • post advertisements or solicitations of business; or
  • contain any material or content with a virus, worm, trojan, malware, ransomware or any other defect or error which may affect our Application, Service, software or systems.
• We also reserve the right, for any reason, to remove or not publish any or all of User Content and to remove content posted by you without prior notice.
• You grant us a perpetual, irrevocable, royalty-free, worldwide, transferable licence to use and disseminate User Content in connection with the Services, the App, or our business activities. You understand and acknowledge that, when you submit content in any form to us, we may distribute or publish (including in an edited form) User Content on other environments that we own or operate (eg: our social media accounts) or the web platforms of any of our third party affiliates.
• You understand and acknowledge that, when you provide User Content or submit content in any form to us, we may authorise such content to be distributed or published on other environments that we own or operate (e.g. our social media accounts) or the web platforms of any of our third party affiliates.
• You indemnify us, and will keep us indemnified, against any breach of this clause 8 and against any claim or action by a third party, and any liability, cost, expense or charge of any kind whatsoever in connection with any such claim or action, that the third party’s intellectual property rights have been breached in any way whatsoever.
• You have rights if you believe your copyright is being infringed. If you are a copyright owner and believe that any of the Services infringes your copyright, please contact us by email at [email protected]
• We acknowledge that all personal information provided by you remains your property.
• All suggestions, solutions, improvements, corrections, and other contributions provided by you regarding the App, any of the Services, or any of our other materials and documents supplied or provided to you is owned by us, and you hereby assign any such rights to us.
• Control Fitness retains all right, title and interest in and to our IP, and except for the limited rights and licenses granted to you under these online classes Terms, nothing may be construed to restrict, impair, encumber, license, alter, deprive or adversely affect our IP, or any of Control Fitness rights or interests therein. Nothing in these Terms:
  • assigns or transfers any right or title to any intellectual property in any of our intellectual property to you; or
  • provides you with a licence to use any mark, name, logo, branding or merchandise for any reason (including that you must not use for promotion or advertising or any other commercial exploitation).

9. Your Reformer Community Guidelines and User Content Moderation Policy

• You agree that when engaging with Control Fitness, our instructors, and other Members across online classes and Service your conduct and User Content will comply with Control Fitness Community Guidelines and User Content Moderation Policy published on our website.

10 .Physical exercise and medical disclaimers

• To take part in or exercise following the Services, you must be in good physical health. You must not use the online classes and live classes  or the Service if you have been told not to engage in physical activity or sport on health or medical grounds.
• The Services include information, instructions, products and services relating to exercise and fitness. You acknowledge and agree that the disclaimers in this clause 10 apply to all such information, instructions, products and services.
• Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by a Control Fitness instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the online classes. Control fitness is not a medical organisation and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing the Your Reformer OnDemand videos. Nothing contained in the App (or our Website for that matter) may or should be construed as any form of such medical advice or diagnosis.
• By using the website/online classes you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that you participate in the programs provided in the videos and live classes at your own risk. It is your responsibility to judge your physical and mental capabilities for such activities and to seek medical advice before engaging in any exercise program we make available.
• You agree that by participating in classes and activities in the online videos and live classes, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time, instructors 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 and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Control Fitness, or any person or entity involved with Control Fitness, including its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
• When participating in Control Fitness OnDemand classes provided in the App and on the website you must ensure that you always take all appropriate precautions, including that you must:
  • check that you have sufficient space to practice;
  • check there are no trip/slip hazards;
  • check there are no objects you may fall on or come in contact with;
  • check there are no sharp objects or hot surfaces near by;
  • ensure you have sufficient lighting;
  • ensure your camera/screen and other electrical appliances, including cables, are on a levelled surface and not in your training space causing a trip hazard;
  • ensure the room has sufficient ventilation;
  • ensure you have water to keep hydrated;
  • seek medical advice before training; and
  • ensure all household members are aware of the training and avoid entering the space.
• You must use Control Fitness equipment in accordance with its specifications and safety warnings on the manuals provided with the equipment at the time of purchase. Any use other than as advised may pose a risk to your health or safety for which Control Fitness has no liability.
• The minimum age requirement to participate in the programs provided in the App is 18 years old.

11. General disclaimers

• We may make changes to the material on the Service at any time without notice.
• We do not represent or warrant that the Service or any other material accessible from the website is free from computer viruses, worms, trojans, malware or any other defect or error which may affect your software or systems. You should protect your software, devices and systems by installing and implementing your own security and system checks.
• We provide you with access to the App and Service on the basis that, to the maximum extent permitted by law, including the United Kingdom Consumer Law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the App and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the App or Service, or be otherwise implied or incorporated into these App Terms, by statute, common law or otherwise).
• We are not responsible for and do not necessarily hold the opinions expressed by any content contributors. Opinions and other statements expressed by users of the Services and third parties (e.g. bloggers) are theirs alone, not opinions of us. Content created by third parties is the sole responsibility of the third party and we do not endorse, warrant or guarantee its accuracy and/or completeness.

12. Liability

• Nothing in these Terms excludes or limits our liability for any liability which cannot be excluded or limited under applicable law, including the United Kingdom Consumer Law. Nothing in these online live and on demand classes  Terms affects your statutory rights, including rights relating to the consumer guarantees applicable to the supply of services under these Terms.
• Subject to your statutory rights under the United Kingdom Consumer Law more generally, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service or the App (including the use, inability to use or the results of use of the Service or the App) or resulting from any violation by you of these App Terms or any breach by you of your responsibilities, representations and warranties.
• You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the App or website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
• You indemnify and hold us and applicable affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on an indemnity basis, made by any third party due to or arising out of your breach of these App Terms, your use of the Service or App or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
• Subject to clause 12(a) and without limiting clause 12(b), our liability to you, whether based on contract, tort (including negligence), statute, equity or any other cause, is limited to the amount of Subscription Fees you have paid to us in the 12 months preceding the event giving rise to the liability.
• To the maximum extent permitted by law, neither party will have any liability to the other for fines, penalties, taxes (except GST) and any exemplary, aggravated or punitive damages, liquidated damages or any indirect or consequential loss (including loss of business, loss of revenue, loss of contract, loss of production, lost opportunity costs), loss which does not naturally arise, legal costs and expenses (except reasonable legal costs awarded by a court) except where:
  • such losses are covered by an insurance policy held by the party and in which case, liability is limited to the amount of paid out by the insurer; or
  • you misuse or infringe any intellectual property belonging to Control Fitness
• To the maximum extent permitted by law, we do not have any liability or responsibility for any personal injury, fatigue, or property damage sustained by or through use of the App or Service by you or others.

13. Ending access and removing content

• We reserve the right to, without notice and for any reason deemed appropriate by us:
  • remove any information or other content from the App or website, including any of the Services or any User Content in whole or part;
  • prevent access to the App or Services by you or any other user or group of users where we reasonably believe you are in breach of these App Terms or are accessing or using the App in a manner detrimental to it or other users; and/or
  • intercept, remove or alter any content stored on the App or website.
• We may terminate your Subscription and/or your access to the Services on the following grounds:
  • by mutual agreement, if you do not agree to the Subscription Fee variation contemplated by clause 3(a)(iv);
  • you breach a material term of these App or service Terms and do not rectify that breach within 7 days’ written notice from us to do so;
  • you commit persistent breaches of these App or service Terms;
  • you do not pay the Subscription Fee when it is due;
  • you breach the Your Reformer Community Guidelines or User Content Moderation Policy; or
  • if anything outside of our reasonable control prevents us from providing the Services or access to the App;
  • for convenience, on 30 days’ written notice to you (you may terminate for convenience however remain liable for the Subscription Fees already paid up to the end of the relevant subscription period).
• If your subscription is terminated under clause 13(b)(vi) or 13(b)(vii), we will refund a pro-rated amount of any prepaid Subscription Fee applicable to a period after the termination date.
• Exercise of these rights will not prejudice or affect our accrued rights, claims or liabilities under these App Terms. The provisions of these App Terms dealing with intellectual property, privacy and consequences of termination survive the exercise of these rights and may be enforced at any time.

14. Notices

• All notices under these App and online classes Terms must be in writing and sent to the corresponding party’s address provided.
• Notices are deemed received in the case of hand delivery upon delivery and in the case of postal delivery 4 business days after sending. Unless delivered personally, all notices must be addressed to the party’s appropriate address set out in the relevant registration form, or on our website (as applicable).
• Any notice sent by email or electronically is deemed received on the day after the day of sending, provided the email was successfully delivered.
• A notice is deemed to be in writing if sent by post or by any form of electronic communication that is electronically date stamped or which produces an electronic record of the date and timing of sending, including emails.

15. General

• If any of these App and online video and live classes Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
• These Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
• Except as provided under clause 2(e), these App Terms cannot be amended or varied except in writing and signed by both parties.
• Any failure or delay by you or us in enforcing (in whole or in part) any provision of these App Terms will not be interpreted as a waiver of your or our rights or remedies.
• You may not assign or transfer any of your rights or obligations under these App Terms without our prior written consent. We may transfer any of our rights or obligations under these App Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase, or are sold to.
• The headings in these App Terms are included for convenience only and do not affect their interpretation.
• These App Terms shall be governed by and construed in accordance with the law of the State of Victoria. Disputes or claims arising in connection with these App Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Southend on Sea.

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Direct Debit Terms & Conditions

Your Reformer Direct Debit Terms

• These are the Tracey Hair  terms trading as “Control Fitness”.
• By purchasing or using a Your Reformer direct debit payment option, you agree to the following terms and conditions, which supplement and form a part of the agreement or contract with Control Fitness for the Product or Subscription you acquire. Capitalised terms not defined here have the meaning given to them elsewhere in our terms and conditions of supply.
• A “Direct Debit Customer” is any individual who has engaged a Control Fitness direct debit payment option. A “Direct Debit agreement” is either a “YControl Fitness  Payment Plan+ OnDemand”, a “Rental + OnDemand” or a “OnDemand” Membership, as defined below.

Third Party Direct Debit Provider

Control  Fitness uses a third party direct debit billing provider, such as Debit Success, Apple Pay, Google Pay, Stripe or any other provider we may introduce from time to time and you elect to use. When entering into a direct debit agreement with Your Reform, you are also entering into an agreement with the relevant payment provider subject to their terms and conditions as well.

Subscriptions, Direct Debit Coverage and Billing Cycles

• A “Subscription” to the Control Fitness OnDemand online software-as-a-service application (App) provides you with full access to Control Fitness available classes, content, and features for as long as the Subscription remains active and payment remains up-to-date.
• Usually a Subscription requires direct debiting to be in place, however, depending on the Product you purchase or rent, and depending on whether you have a Control Fitness Payment Plan in place or otherwise, you may receive a free Subscription period (as expressly provided for at the time of purchase). Thereafter, to continue the Subscription will require direct debiting to be in place.
• As a Subscriber you may possess one Subscription. The Subscriber is responsible for all activity under their Subscription.
• Billing Cycles. Upon completion of the Direct Debit Authority you will be paying on a monthly basis.  Any subscription recurs on your selected weekly, fortnightly or monthly basis until it is cancelled in accordance with these Control Fitness Direct Debit Terms. Billing occurs at the beginning of the relevant cycle and provides access for one week, fortnight or month thereafter. By purchasing a Subscription or engaging a Control Fitness Payment Plan, you acknowledge that your Subscription or Control Fitness  Payment Plan (as relevant) has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Control Fitness, or for a YR Payment Plan, payment in full. To seek to change or terminate your Subscription or Control Fitness Payment Plan, contact the Team at [email protected]
• Other Offers. Control Fitness may offer additional promotions or discounts related to Subscriptions and YR Payment Plans from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the signup process will form part of these Control Fitness Direct Debit Terms. Unless specified in writing, all discount offers that require a payment are non-refundable. Any free trial or other promotion must be used within the specified time frame of the trial or promotion. You may be required to have a valid payment method on file in order to initiate a free trial of use of the App; in this case, if you do not cancel before your free trial period ends, your account will be converted to a paid Subscription and will be charged in accordance with these Control Fitness Direct Debit Terms.
• Termination. For Subscribers on a Control Fitness Payment Plan that would like to terminate their account and have completed the minimum payments as per the agreement with you, we require 14 days written notice via an email to Control Fitness customer service team on [email protected]. For those Subscribers on a YR Payment Plan that are requesting to cancel with payments still owing on the minimum term, you will be expected to pay the balance of your equipment purchase in one payment to Control Fitness upon receipt of an invoice specifically generated for this reason, from Control Fitness. Upon presentation of the receipt of this payment, Control Fitness will be in touch to organise to terminate your account and provide written confirmation this is done. All Control Fitness Payment Plan agreements are subject to be paid in full prior to Control Fitness account termination. For Subscribers on a “Rental” only option, you cannot terminate earlier than the minimum rental period stated (as expressly provided for at the time of entering into the rental) and thereafter we require 14 days written notice via an email to Control Fitness customer service team on [email protected] and collection of the Rental Bed will take place at an agreement collection date and time, within 14 days of termination. During this period, you agree that, and Control Fitness relies on, you will keep, and return to us, the equipment in a clean and tidy condition, in a fully operational state without any damage (other than usual wear and tear). For those Subscribers on the “OnDemand” subscription only, we required 14 days written notice via an email to Your Control Fitness customer service team on [email protected] . For all terminated Subscribers, account access will cease on the final day of the 14 day notice period automatically.

Account Registration

Account Registration. You can register by successfully completing a Control Fitness purchase, or by creating an account on the Control Fitness Website, as further described in our Terms. All information that you provide must be accurate, including your name, address, credit, debit or charge card numbers and expiration dates, and any other payment information. You are responsible for keeping such information up-to-date and must provide changes to [email protected]. Control Fitness  use of your information is governed by our Privacy Policy. YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSORS IF YOUR PAYMENT METHOD IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD.

Dated: 1st February 2024