This Site gives you an opportunity to browse and purchase products and services offered by HTPilatesPlus.

These Terms and Conditions (Terms) govern your use of this Site, as well as HTPilatesPlus products and services, and form a binding contractual agreement between you and us.

These Terms are important and you should ensure that you read them carefully and contact Hollie Turner at holliephysio@gmail.com if you have any questions before purchasing our products or engaging our services.

These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.

1. By accessing, downloading or using the products and services offered on our Site, whether or not you register as a member, you agree to be bound by these Terms, which you acknowledge that you have read and understood.

2. We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site. Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to contact us at holliephysio@gmail.com and immediately discontinue your use of the products and/or services.

3. HTPilatesPlus provides support and guidance for you to set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire and motivation.

4. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.

5. If you decide to purchase our Programs via this Website, you agree that our Programs are not intended in any way to diagnose, treat or prevent any medical condition and we therefore recommend that you seek medical advise from your medical practitioner before proceeding, if you have any concerns regarding your health. Our programs do not amount to medical advice and simply constitute our recommendations.

6. Prior to undertaking any new form of exercise, you should consult with your doctor or other healthcare practitioner to ensure that you are mindful of your current health and any restrictions that may be appropriate for you.

7. When participating in our classes, work at your own pace and don’t over-exert yourself. Stop immediately if you feel pain or discomfort with any of the exercises and liaise with HTPilatesPlus class instructors or Hollie Turner at holliephysio@gmail.com. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.

8. You must notify holliephysio@gmail.com if you have any pre-existing injuries or medical conditions which may impact upon your ability to perform the exercises in our classes. An individual consultation is recommended prior to class commencement.

9. By undertaking any exercise program (including the use of any equipment purchased from us), you acknowledge that you do so at your own risk and that the creators, instructors and distributors of our exercise programs will not be liable for any personal injury, loss or liability of whatsoever nature arising as a result of, or in connection with, your undertaking of any such exercise program or following advice contained on our website or given by our instructors.

10. The regular Pilates classes are safe for women to participate in up to 12 weeks of pregnancy or the end of their first trimester. From the second trimester onwards, pregnancy specific modifications are recommended. These are available by contacting holliephysio@gmail.com These Pregnancy Specific Workouts are safe for women to attend throughout their entire pregnancy up to full term, if they feel comfortable to do so.

11. By participating in our classes, you will be performing physical activity and exercise which has an inherent risk of personal injury. Participating in Pilates is undertaken at your own risk.

12. You must inform holliephysio@gmail.com if there are any risks to your health by participating in Pilates, such as if you have a pre-existing injury, illness, muscle soreness/discomfort or are pregnant, prior to commencement. Participating in any form of exercise through HTPilatesPlus with a Medical Condition is done entirely at your own risk.

13. You acknowledge that your participation in any form of exercise may involve risks, including risk of personal injury.

14. Clients are advised to seek medical advice prior to commencing any exercise program if they are in any doubt about their ability to engage in exercise.

15. By participating in our classes, you agree that our liability for any death, physical or mental injury (including aggravation, acceleration or recurrence of any such injury), the contraction, aggravation or acceleration of a disease, the coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that is or may be harmful or disadvantageous to you or the community, or that may result in harm or disadvantage to you or the community, that may be suffered by you as a result of the supply of Pilates by HTPilatesPlus is hereby excluded, save that this limitation of liability does not apply to significant personal injury suffered by you as a result of reckless conduct by HTPilatesPlus in supplying Pilates instruction and classes.

16. Before you purchase our products and/or services, you must register an account with us.

17. You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.

18. We may at any time request a form of identification to verify your identity.

19. If you are a registered user or member to this Site, you acknowledge and agree that:

1. You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password).

2. You will not reveal (or cause to be revealed through any act or omission) your Password to any other person.

3. You will immediately notify us if your Password is lost or becomes known to any other person

4. You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person.

5. Any information you provide to us for posting or inclusion in our HTPilatesPlus Community, at any time, becomes our property.

20. To the extent that you provide personal information, HTPilatesPlus will treat such information strictly in accordance with its Privacy Policy.

21. You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorised use of your registered details.

22. Where a member service is for one user only, you will not let any other person use your Password or any registered user or member services.

23. Our Website will guide you through the ordering process. Before submitting your Order, you will be given the opportunity to review and amend it. Please ensure that you have checked your Order carefully before submitting it to us.

24. Orders shall be accepted at our sole discretion. Our acceptance of your Order will take place when you place an order on our Website and we confirm it, at which point a contract will come into existence between you and us (“Order”).

25. If we are unable to accept your Order, we will inform you of this and will not charge you. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Program etc.

26. If we accept your Order, we shall acknowledge this and then upon payment, we will confirm what Programs you have agreed to buy, and you will then be able to access the program.

27. By placing an Order with us, you agree that you are over the age of 18 years old and in good health. You will not proceed with your purchase if you cannot make these representations to us.

28. We cannot guarantee that our Programs will always be available.

29. We make all reasonable efforts to ensure that all prices shown on our Website are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.

30. All prices on our Website include GST. If the GST rate changes between your Order being placed and us taking payment, the amount of GST payable will be automatically adjusted when taking payment.

31. The price payable for access to the Programs shall be the prices shown on our Website and you agree to make the payment to us as indicated in the ordering process.

32. Our Programs are available on an “as is” and “as available” basis. You therefore use the Programs at your own risk.

33. From time to time, we may make changes to our Programs to ensure that we continue to offer a good service and we will update these via this Website.

34. These Terms also set out the basis upon which you may use our Website whether you continue to purchase our Programs, or simply browse, and these are as follows:

35. We may change and update our Website from time to time to reflect changes in our products, services, user needs or business priorities.

36. Access to our Website is temporary and we reserve the right to withdraw or amend access at our discretion.

37. There may be occasions when our Website, or any content on it, will not be available or maybe interrupted. We may suspend, withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will always try to give you reasonable notice of any suspension or withdrawal.

38. You are also responsible for ensuring that anybody else who accesses our Website through the internet connection is made aware of these Terms and any other such applicable terms and conditions and ensuring that they comply with these.

39. The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

40. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.

41. Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

42. We wish to make it clear that we have no control over the content of those sites or resources.

43. We do not guarantee that our Website will be secure or free from bugs or viruses.

44. You are responsible for configuring your information technology, computer programs and platform to access our Website. You should use your own virus protection software.

45. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored, or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

46. We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond our reasonable control.

47. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

48. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

49. You must not establish a link to our Website in any website that is not owned by you.

50. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.

51. We reserve the right to withdraw linking permission without notice.

52. You confirm to us that you are over the age of 18 years old and you are able to participate in our Programs.

53. You acknowledge and confirm that you are in good mental and physical health and are unaware of any reason why you are unsuited to taking part in any of the Programs or may be likely to suffer illness or injury when taking part in the Programs we offer on our Website. If you are in any doubt whatsoever about your ability to take part in the Programs we offer on our Website, you should seek appropriate medical advice from a suitably qualified health professional or from Hollie Turner by contacting holliephysio@gmail.com. Any information on our Website should not be considered a substitute for consultation with a suitably qualified health professional.

54. By using our Website and agreeing to these Terms, you agree that you have sought the professional advice of either Hollie Turner at holliephysio@gmail.com or a suitably qualified health professional and that they have agreed that you are able to participate in our Programs.

55. By using our Website and Program, it is your responsibility to ensure that the area that you exercise in is safe and that you stop exercising immediately if you notice any detrimental physical effects. You confirm that in this case, you will seek the advice of Hollie Turner at holliephysio@gmail.com or a suitably qualified health professional and you agree that you will not continue to use any of our Programs unless that health care professional has advised you that you are fit and able to do so.

56. You agree to indemnify us and keep us indemnified from and against any and all losses, damages, liability, claims resulting in any way from your use of our Website or your participation in our Programs, your use of any of our products / services or resulting from any other breach of this Agreement by you whether directly or indirectly.

57. When using our products and/or services, you may be given access to Facebook groups, other online or in person forums or events in which you may post comments, photos, messages or other material (Your Content). When posting Your Content, you agree that you will not post or otherwise publish through this Site or our HTPilatesPlus Community any of the following:

1. Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.

2. Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.

3. Information that includes personal or identifying information about another person without that person’s consent.

4. Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.

5. Any information or content that impersonates any person or entity.

6. Any material, non-public information about companies without authorisation to do so.

7. Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).

58. By posting or otherwise publishing Your Content on our Site or HTPilatesPlus Community, you:

1. Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose.

2. Warrant that you have the right to grant the above licences.

3. Warrant that Your Content does not breach these Terms; and

4. Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

59. We reserve the right (but have no obligation) to:

1. Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and

2. Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.

60. Our Site and HTPilatesPlus Community is a space for learning and is a pitch-free, solicitation-free and sales-free environment.

61. Whilst using this Site and/or our HTPilatesPlus Community, we ask that you not:

1. Contact anyone who has asked not to be contacted.

2. Collect personal data about other users for commercial or unlawful purposes.

3. Infringe other user’s privacy rights.

4. Violate the intellectual property of others.

5. Post anything that contains software viruses, worms or any other harmful code; or

6. Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.

62. We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our products and/or services, you agree to respect the same rights of the other HTPilatesPlus product and/or services participants (Participants) and representatives of HTPilatesPlus.

1.  That any confidential information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us.

2.  Not to disclose such information to any other person or use it any manner other than in discussion with Participants during training sessions.

3.  That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us.

4.  If you violate, or threaten to violate any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.

64. While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of other Participants in the strictest of confidence.

65. All material on this Site, in our HTPilatesPlus Community or otherwise delivered by us by us including (but not limited to) course content, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may access, browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior express written permission if you’d like to use, copy, record or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.

66. You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.

67. The trademarks, logos, and service marks displayed on our Site are the registered and/or unregistered trademarks of HTPilatesPlus. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to HTPilatesPlus, in any manner that is likely to cause confusion with customers, or in any manner that disparages HTPilatesPlus.

68. Nothing contained on this Site or in our HTPilatesPlus Community should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark without our express written permission.

69. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that HTPilatesPlus will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

70. We reserve the right to suspend or terminate your use of the Site, the HTPilatesPlus Community or our products and/or services generally, if you breach any of these Terms, as determined by us in our sole discretion.

71. Refunds are not provided for our Pilates classes in the community as these are based on attendee numbers at the start of the series.  The opportunity to make up any missed classes at a different class time during the series may be possible, subject to availability.  Missed classes should be made up within the 10 week series.  In extenuating circumstances, and only if a new class series has been purchased, the option to carry missed classes over to a new series may be given at the discretion of HTPilatesPlus.

Cancellation within 28 days of the retreat will result in a loss of 25% of the full amount paid.  No refunds will be given within 14 days of the retreat start date but you can provide a replacement guest for your booked space. 

79. If you choose the fortnightly payment option, then the first instalment will be due up-front with each following payment due in fortnightly instalments thereafter and will be deducted from your nominated credit card and:

1. you agree to ensure sufficient funds are available on your nominated credit card to meet any account withdrawals made by us on your scheduled due dates; and

2. if payment is defaulted or not received, you authorise us to debit those funds from your nominated credit card without need for notification at a future date.

80. Each refund request will be assessed on a case-by-case basis and when genuine value has not been received or isn’t able to be received, refunds may be granted at the discretion of HTPilatesPlus.

81. Some of our payments are operated through an online and automated billing system (Online Payment). Where your payments are made via Online Payment:

1. You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.

2. If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.

82. Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with us, you also affirm the same rights and undertakings explained in these Terms to them.

83. We reserve the right to suspend or terminate any product or service, at our discretion, if payment is defaulted or if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Programs.

84. We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.

85. We endeavour to work with clients who have financial difficulties to ensure actions such as those listed above do not happen. If you are having difficulties or require a payment plan, please contact us.

86. In circumstances where we invoice you for payment, payment is due and payable by the payment date noted on the invoice. Failure to make payment by the payment date may lead to suspension of use of our product and/or services.

87. If an auto-debit is declined due to insufficient funds, our payment provider may charge for any failed transactions. This fee will be passed on to you approximately 7 days after the failed payment.

88. We are in no way responsible for additional fees that you may incur from your bank in relation to processing payment of fees.

CANCELLATION OF 1:1 ASSESSMENTS & FOLLOWUP APPOINTMENTS

No-Show Policy: A “no-show” is someone who misses an appointment without calling more than 24 hours in advance to cancel. This will result in a fee of 50% of the full appointment fee.   Thank you for your acceptance and adherence to this policy.

90. The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under the New Zealand Consumer Law.

91. We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any personal injury, loss or damage (including but not limited to loss of opportunity, loss of reputation or goodwill, loss of privacy or loss or corruption of information or data);for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site, HTPilatesPlus Community, attendance at our classes or Our Content. This includes but is not limited to any theft, unauthorised access or third-party interference.

92. In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site, HTPilatesPlus Community or Our Content.

93. These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:

1. Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).

2. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.

3. Accessing websites or servers maintained by other organisations through links on our Site, HTPilatesPlus Community or products or services. Links are provided for convenience only. We do not endorse linked websites, nor their products and services and you access them at your own risk.

4. The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.

94. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, HTPilatesPlus Community or through use of our products or services.

95. You cannot transfer or assign your HTPilatesPlus membership without Hollie Turner’s prior written consent.

96. We may assign or transfer our obligations under these Terms at any time, subject to giving you four (4) weeks prior notice in writing.

97. We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.