CUSTOMER TERMS AND CONDITIONS
This is a legally binding agreement between you, the customer (you or your) and Pedestrian Group Pty Ltd ACN 112 839 568 (we, us or our) which sets out the terms and conditions upon which you may attend a class. By attending a class, you agree to the terms and conditions set out below.
When you place an Order, you are entering into a contract with a Coach for a Class and we merely arrange the Class. We are not a participant in and have no obligations or control over the actual Class.
You acknowledge that we are do not endorse, screen, review or supervise the Class at any time.
Nothing in this Agreement will be taken as giving rise to a relationship of employment, agency or partnership between you and us.
You can create an Account via the Pedestrian Website, either using your email address or your Facebook account.
When creating an Account, you must provide the required personal details, ensuring that these are complete, current and accurate.
You are responsible for maintaining the security of your account details and all related passwords. We are not liable for any loss or damage arising from your breach of this clause REF _Ref347926652 r h 2.3.
If you wish to place an Order:
you must login to your Account;
you must complete the required fields in the Online Order Form, including your credit card details;
once your Online Order Form is submitted we will charge the Fee to the credit card specified in your Online Order Form; and
following receipt of payment, we will send you a confirmation email with instructions for logging into your selected Class.
CANCELLATIONS, REFUNDS AND CREDITS
If the Class is cancelled at any time prior to the scheduled Class time, we will use reasonable endeavours to notify you by email and to reschedule the Class, or issue you a full refund of the Fee, at our sole discretion.If you fail to attend your scheduled Class for any reason at the scheduled date and time in accordance with the instructions emailed to you in the Order confirmation, you will not be issued a refund and will be charged the full Fee.
You must ensure that all the details provided in your Online Order Form are complete, current and correct.
You are solely responsible for attending your Class at the scheduled date and time in accordance with the instructions emailed to you in the Order confirmation, and maintaining an uninterrupted internet connection of a speed appropriate for viewing live streaming video for the duration of the Class.
All intellectual property in the Class and its content are owned by Pedestrian and/or a third party, and you have no right or claim to any such intellectual property.
You must not make audio, audio-visual or image recordings of any Class without our written consent. All content provided and/or presented during the Class is for your individual use only, and you must not distribute any recordings, written or otherwise, to anyone for any other purposes (including for commercial purposes).
You must not act in an unreasonable or offensive manner at any time during the Class, including during your interactions with the Coach or other Class participants.
You warrant that:
you are 18 years of age or over; or
you are the parent or legal guardian of the participant who wishes to attend the Class and you enter into this Agreement on the participant’s behalf. Any references to “you” or “your” in this Agreement will be taken to mean “the participant” or “the parent or legal guardian” as the context requires.
You understand and agree that the Pedestrian Website is provided on an “as is” and “as available” basis. We do not make any representations or warranties in connection with this Agreement, including no representations or warranties that:
the Class will meet your requirements;
the Class content and/or materials will be effective, accurate or reliable; or
the operation of the Pedestrian Website will be secure, confidential, uninterrupted, error-free, accurate, complete or current.
We update and carry out maintenance on the Pedestrian Website regularly, so we may need to suspend access, service or functionality on the Pedestrian Website from time to time, without notice. We will not be liable if, for any reason, the Pedestrian Website is not available at any time or for any period of time.
LIABILITY AND INDEMNITY
You indemnify, defend and hold us harmless against all loss, damage, claims, liabilities, costs and expenses (including but not limited to legal fees) on a full indemnity basis, arising directly or indirectly from, or in respect of:
any loss, liability or damage incurred by you or arising from or in connection with your use of the Pedestrian Website, or in connection with any Class; and
any negligent, wrongful or unlawful act or omission or breach of this Agreement by you.
To the extent permitted by law, our total liability in connection with this Agreement will be limited at our option to:
resupplying the Class to you; or
refunding the Fee paid by you under this Agreement for the relevant Class from which the liability arose.
We exclude liability for loss of profit, loss of revenue, loss of business opportunities, loss of data and any indirect or consequential loss arising from or in connection with this Agreement.
We will not be liable for any delay or non-performance of our obligations caused by strike, fire, flood, technical failure or any other circumstances beyond our reasonable control.
We may subcontract the performance of any part of our obligations under this Agreement to any third party or assign this Agreement or any of our rights or obligations under this Agreement.
This Agreement contains the entire understanding between us and you concerning the subject matter of the Agreement and supersedes all prior communications.
The failure of either party to enforce any provisions under this Agreement will not waive the right of such party thereafter to enforce any such provisions.
All notices and consents relating to this Agreement must be in writing.
This Agreement cannot be varied except in writing and signed by the parties.
If any term or provision of this Agreement is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from this Agreement and the remaining terms and conditions will be unaffected.
Clauses REF _Ref347928643 r h 7 (Warranties) and REF _Ref347928629 r h 8 (Liability and Indemnity) will survive the termination of this Agreement.
This Agreement is governed by, and construed in accordance with the laws of New South Wales. The parties agree to submit to the exclusive jurisdiction of the courts of New South Wales.
In this Agreement:
Account means your personal account on the Pedestrian Website as described in clause REF _Ref347831400 r h 2;
Fee means the fee payable for the Class, as specified on the Online Order Form;
Class means an online lesson that you will view via a third party conferencing provider on the Pedestrian Website that will be delivered by a Coach at a time scheduled by us;
Coach means a person conducting the Class;
Online Order Form means the online order form used to book a Class, found on the Pedestrian Website;
Order means an order placed by you via the Pedestrian Website for a Class;
Pedestrian Website means HYPERLINK “http://www.pedestrian.tv” www.pedestrian.tv; and
In this Agreement, unless the context requires otherwise:
References to persons include bodies corporate, unincorporated associations or partnerships.
Any reference to a party to this Agreement includes its successors and permitted assigns.
The headings in this Agreement are for convenience only and have no legal effect.
The singular includes the plural and vice versa.
“Including” and similar words do not imply any limitation.
References to a statute include references to that statute as amended or replaced from time to time.