TERMS OF USE / TERMS AND CONDITIONS

 

Welcome to Mariah and Co Online Studio!

Mariah and Co is a modern, all-in-one online studio keeping it real + simple with short, to the point classes so multitasking women can move anytime, anywhere. We provide high-quality classes including; Pilates, Yoga, Pilates Flow, Cardio, Pre and Postnatal, Stretch and Meditation. We love creating a community of people from around the world continuing or beginning their health and wellness journey. Our online studio is not directed toward people under 18 years of age. 

​

Please read these terms and conditions carefully. Your use of our Services is your acceptance of these terms. If you do not accept the Service Terms, you must discontinue use of the Services immediately.

​

OUR SERVICES

​

Any electronic information or any paid services whether in-person or digital supplied to you by Mariah and Co  will constitute part of ‘Service’ and not a product. Any cancellation rights will apply and be interpreted accordingly as a Service under the Consumer Rights Legislation. 

These terms include our Privacy Policy, Website Terms, Cookies Policy, Health Form and Waiver.

​

YOUR WELLBEING AS A CLIENT

​

These terms of use apply for the use of our Services between us and you as an individual who participated in our classes (paid or unpaid) and/or purchased (including free or paid for) of any of our services sold on or off our website. 

​

Nothing contained on our Services or in connection with our Services constitutes medical advice, diagnosis or treatment. It is your responsibility to obtain advice to your specific needs and suitability for you to undertake any physical activity, meditation or breath work exercises and other services recommended or offered on or through our Services. You attempt to do any exercise solely at your own risk.

​

You acknowledge that your wellbeing is your responsibility. Whilst we can make suggestions you have the insight as to what feels best for your body. You agree that if anything feels painful, distressing or dangerous that you will cease immediately. When practicing online you are solely responsible for your space and ensuring that you do not damage yourself, property or others during participation in our Services. The Service provided has recognition as a safe practice, however, there are always some risks associated with any sort of physical activity. No claim is made about the efficacy of the Service provided. 

​

 

PAYMENT

​

If you are required to register with us to book appointments, join our Services, access some of our content, you agree that you will keep your username and password confidential and will not share this information with any third party. You also agree not to register multiple email addresses. We may terminate your access to our Services if you violate these terms, or are engaged in illegal or fraudulent use of our Services.

​

Online studio payment is done through a third party, Vimeo OTT and Stripe. Any dealings with third parties included within or on the Online Studio involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Mariah and Co encourages you to conduct your own research and due diligence regarding such third parties and their products and services.

​

Monthly subscriptions are billed monthly. Annual subscriptions are billed Annually. There are no refunds. You can cancel at anytime. We may terminate your access to our Services if you violate these terms, or are engaged in illegal or fraudulent use of our Services. If your access is terminated there will be no refund of the remainder of your subscription. When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If Mariah and Co increases the price of the subscription, Mariah and Co will notify you 10 days before the change will occur. The increase will apply to the next payment due from you after the notice.

​

TERMINATION OF SERVICE

​

Mariah and Co reserves the right to terminate your access to the Services, our Website and any Materials: (i) at any time without notice at our sole discretion; (ii) with a 10 day written notice to you, (iii) in the event that you become bankrupt or insolvent. You shall remain liable for the total sums due to us through the termination period.We may terminate your access to the Services if we consider a breach of any Service Terms, the Website Terms of Use, Privacy Policy, in violation of any applicable law or regulation, or may cause potential harm to Mariah and Co, staff, the Website users or our clients.

​

LIABILITY

​

Mariah and Co uses reasonable care and skill expected of a wellbeing professional related to the Services offered. Mariah and Co will not be liable for any actions or omissions by you arising from or as a result of use of the content, Materials or the Services, to the maximum extent permitted by law this includes for any personal injury, death or damage to property whether arising in contract, negligence, statutory or other law including any indirect, incidental, special or consequential loss suffered by you. Where liability cannot be excluded, any liability incurred by Mariah and Co in relation to the use of the Services or the Materials is limited to the extent provided for by Consumer Law. Mariah and Co makes no warranties or representations whether express or implied relating to or about the Services, Materials or any of the content discussed or provided to you.

​

In the event of live streaming; there may be instances where internet connection or software developments delay or cause a session to be cancelled. We shall endeavour to rearrange your appointment at a suitable time with you within the next TIME PERIOD of the postponed date. Mariah and Co will not be liable for any loss incurred by you whether direct or indirect as a result of any failure to connect to the Services including any consequential or financial loss arising from such failure.

​

INDEMNITY

​

You agree to defend and hold harmless Mariah and Co and its independent contractors, harmless from any claims, liabilities, damages, costs, and expenses, including reasonable legal fees, arising in any way from your use of the Services and Materials, your breach or violation of the law, these Service Terms.

​

INTELLECTUAL PROPERTY 

​

We include documents, videos, photographs, images, know-how, audio and files as part of our marketing activities and Service that may be emailed, shared on social media or hosted on our Website/a third party platform this includes the compilation, layout, look and feel of our website (“Materials”). The trademarks, logos, service marks and trade names (collectively “Trademarks”) displayed on Materials are registered or unregistered Trademarks of Mariah and Co or other persons and may not be used unless authorised by the trademark owner. Both the Materials and Trademarks are owned by Mariah and Co unless otherwise stated and referenced according to our license with such copyright owner. The Materials and Trademarks are protected by law and any use not expressly agreed in writing is strictly prohibited.

​

YOUR USE OF OUR CONTENT

 

You may only access and use the Material that is available for non-commercial and personal use. None of the Materials, Services or any part of it may be reproduced elsewhere. Your personal and non-commercial use does not preclude the condition to keep the Trademark on any Material downloaded to identify the Material’s origin. Your misuse of any Trademark is strictly prohibited. Any distribution or copying outside of this specified use is a breach of copyright and in pursuit of such a breach. All rights are reserved by Mariah and Co. You will fully indemnify us in the event of your breach of our intellectual property rights.

If you wish to seek to reproduce or use the material not owned by us in any way, then it is your responsibility to obtain approval for such use where necessary.

​

NO USE PERMITTED: You agree not to share, edit, reuse, modify, resell, copy, market, distribute, transmit, communicate to the public, make available via links, peer-to-peer file sharing or other technology the Materials, Trademarks or any other content provided as part of the Services for commercial or financial gain. Nothing contained in the Materials should be construed as granting any license or right to use any Trademark without Mariah and Co’s written permission or the trademark owner.

​

Please do not use our Trademarks, Materials or our content without obtaining our express written permission from us first. If you wish to use any of our Materials, please use in writing.

​

SOCIAL MEDIA

​

Please feel welcome to share the Materials on social. This does not grant a trademark or copyright license for use for such shared Material. Please credit us as provided above. It is a condition of your use that you may not remove any copyright or trademark notices on any Material. Social media platforms using the links provided by us to either using our social media handles or link back to the relevant website page.

​

Any permissions given to use our Materials require that you USER GENERATED CONTENT contact us attribute back to us with by Mariah and Co " and if online please include a hyperlink back to this Website or specified social media handle. We reserve the right to charge for reuse or sharing.

​

USER GENERATED CONTENT

​

Our Services include the ability for you to share your own content (written, images and videos) with our other Clients. You agree to only submit content that follows the Posting Rules in the Website Terms that form part of these Service Terms. Any breach of these rules or terms may result in immediate termination

of your access to our Services without compensation. You acknowledge that content posted by other clients contains opinions and personal experience and is not advice or any representation of Mariah and Co or our Services.

​

YOUR CONTENT SUBMISSIONS INTELLECTUAL PROPERTY RIGHTS

​

You may submit, post and/or upload content including comments and pictures) to various parts of our services. In posting your content to our services, you confirm to us that you are the owner of the content or have the express from the owner to post the content, and it does not violate any privacy rights, copyright or other intellectual property rights, contract rights or any other rights of any person or legal entity. If it is not your content, you must receive their permission in writing before you repost. The owner may charge for the repost and require a credit for their work. By submitting content, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and full sub-licensable right to license and to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content that you post (in whole or part) and/ or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such content. We reserve the right to remove your content, at any time and for any reason, in accordance with our Posting Rules. You warrant that you have read and agree to the Posting Rules which are incorporated in these terms of use and govern all interactions with us.

​

ADVERTISING

Mariah and Co's Services may contain advertisements. The inclusion of advertisements in the Service does not imply endorsement of the advertised products or services. Mariah and Co shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements in the Services. Your data is handled in accordance with our Privacy Policy.

​

IMAGE AND PRIVACY POLICY 

​

Usage of your personal information is governed by Privacy Policy, which forms part of these Service Terms. In the event that Mariah and Co undergoes reorganisation or is sold to a third party, you agree that any personal information Mariah and Co holds about you may be transferred to that reorganised entity or third party and used in accordance with the Privacy Policy.

​

COMMUNICATIONS WITH YOU

​

Our communications are governed by our Privacy Policy. Any information sent to us via email or through the Website is not secure and is done so on a non-confidential basis. You can update your preferences or unsubscribe at any time using the email signup boxes that will take you to your preferences. 

​

THIRD PARTY LINKS AND CONTENT

​

Some of our Services (including Website and communications) contain or use materials, information, products and services provided by third party partners. We have no control over third party content, and we are unable to guarantee the accuracy of such third-party content. We make no representation with respect to, nor do we guarantee or endorse, the quality, non-infringement, accuracy, completeness, timelessness, or reliability of such third-party materials, information, services or products. The appearance of third-party links in the Services is not intended to endorse any particular organisation, service or products. You agree that your access of any such third-party content is at your own risk and that we are not responsible, or liable, to you or any third party, for the content or accuracy of any material provided by any third party, including advertisers. Links to other sites and resources provided by third parties, including links contained in advertisements, banner advertisements and sponsored links, are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. You access any of the third-party websites linked in the Services entirely at your own risk and subject to the terms and conditions of use for such website. We suggest that you always get independent advice to verify the accuracy of information before reliance on it. Please see our use your data, Privacy Policy, for additional information about third parties and how they may collect and use of your date. 

​

JURISDICTION AND GOVERNANCE

​

These Service Terms are governed by the laws of NSW, AUSTRALIA.  Your payment of the Services is agreement to submit to the exclusive jurisdiction of the courts of NSW, AUSTRALIA in the event of any dispute. This Services and Mariah and Co are located in Service Terms shall be construed as being performed in NSW, AUSTRALIA and in case of any cross-border orders these NSW, AUSTRALIA.

​

COMPLAINTS

​

Mariah and Co's Mission and Values are upheld in all our work with all our customers.We want to make the best possible services and your feedback is grateful received. Each situation is different so we will discuss with you how to best proceed for all concerned.

In the unlikely event that you wish to complain about any aspect of our Service you should contact us as soon as possible, in order to try and resolve the matter on the spot. Contact us here. All customers must uphold the Values another a customer inappropriate, unsafe or misaligned with our in conduct with us. Should we consider any behaviour by you or Mission or Values, we may request to cease working with the customer. In extreme situations, we can terminate the Services with the customer immediately.

​

AMENDMENTS OF TERMS OF USE

​

We may modify the Service Terms from time to time, and such modification shall be effective upon its on the Website or linking it to your email correspondence with us. You agree to be bound by any modification to the Service Terms when you use the Services after any such modification is posted; it is therefore important that you review the Service Terms regularly.

​

If you have any other questions or comments regarding this agreement or the Mariah and Co online studio, please feel free to contact us.