Terms of service

OVERVIEW

Welcome to Mobility Matters Pilates. The terms “we”, “us” and “our” refer to Mobility Matters Pilates.

We operate this website and store, including all related information, content, features, tools, products and services (the “Services”) to provide you with access to Mobility Matters Pilates programs and resources. Mobility Matters Pilates is powered by Shopify, which enables us to provide the Services.

These Terms of Service (“Terms”), together with any policies referenced (including our Privacy Policy and Refund Policy), set out your rights and responsibilities when you use our Services.

Please read these Terms carefully. They include important information about limitations of liability, disclaimers, and licensing restrictions.

By visiting, interacting with, purchasing from, or using our Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree, you must not use the Services.

SECTION 1 – ACCESS, ELIGIBILITY AND ACCOUNT

By using the Services, you confirm that you are at least the age of majority in your place of residence and that you have authority to enter into this agreement (including on behalf of a facility or organisation where applicable).

To use the Services (including making a purchase), you may be asked to provide certain information such as your name, email address, billing and payment details. You warrant that information you provide is accurate, current and complete.

You are responsible for maintaining the security of your account credentials and for all activity under your account. You must not transfer, sell, assign, or license your account to any other person or entity.

SECTION 2 – OUR PROGRAMS AND SERVICES

Mobility Matters Pilates provides movement-based programs designed to support general mobility, strength and wellbeing. Our programs are educational and general in nature and are not medical advice, physiotherapy, or a substitute for clinical assessment.

We have made every effort to provide accurate descriptions of products and services. However, we do not guarantee that the appearance, format or presentation of content will be identical across all devices.

We may update, change, improve, or discontinue any product or service at any time. We may limit sales or access in certain circumstances (for example, suspected licence breaches).

SECTION 3 – ORDERS AND PURCHASES

When you place an order, you are making an offer to purchase. We may accept or decline any order at our discretion. An order is not accepted until we confirm acceptance and payment has been processed.

Please review your order carefully before submitting. Where access is granted immediately (for example, digital content), we may be unable to accommodate cancellation requests after purchase.

Purchases are subject to our Refund Policy [LINK].

SECTION 4 – LICENSING AND FACILITY USE (IMPORTANT)

4.1 Per-facility licence requirement

All Mobility Matters Pilates digital programs and resources are licensed on a per-facility basis unless expressly stated otherwise in writing.

This means:

Each individual facility must purchase its own access/licence
If an organisation operates multiple facilities (for example, 20 sites), a separate purchase is required for each facility
Licences are non-transferable between facilities, branches, locations, or sites

If you are unsure what counts as a “facility” for licensing, contact us before purchase.

4.2 Permitted use

A valid purchase grants the purchasing facility a limited, revocable, non-exclusive licence to use the content internally within that specific licensed facility, for staff education and delivery to residents/clients in that facility only.

4.3 Strictly prohibited use

To protect the integrity of the program and our intellectual property, the following are strictly prohibited:

Sharing videos or resources with other facilities or third parties
Using one purchase across multiple locations or sites
Downloading, saving, copying, distributing, forwarding, uploading, or storing any video or resource
Screen recording, photographing, or capturing the content
Uploading content to shared drives, internal portals, LMS platforms, USBs, or cloud storage
Creating derivative works based on our content, including filming your own version based on our class structure for distribution

We may monitor for misuse and unauthorised access patterns where permitted by law and platform tools.

4.4 Breach of licence

If we reasonably suspect a breach of this section, we may (without limiting other rights):

Suspend or terminate access immediately
Disable accounts or links
Require purchase of additional facility licences
Pursue recovery of losses and/or legal action where appropriate

SECTION 5 – SAFETY, SUPERVISION, AND INJURY

5.1 Facility responsibility and screening

Facilities are responsible for resident/client safety and participation decisions. This includes:

Determining suitability to participate (including medical clearance if needed)
Following internal policies and duty of care obligations
Providing appropriate supervision and assistance
Ensuring safe setup (chairs, spacing, equipment, environment)
Ensuring staff delivering/supporting sessions are trained and understand modifications

5.2 What happens if someone is injured

If an injury, incident, or adverse event occurs during or after participation, the facility is responsible for:

Stopping the activity as needed
Providing appropriate first aid and/or medical escalation
Following the facility’s incident reporting and clinical governance procedures
Documenting the event in line with facility requirements
Informing us if the incident relates to content delivery so we can review and improve safety guidance

Mobility Matters Pilates is not responsible for incidents arising from:

Inadequate screening or supervision
Misuse of content
Use outside the licensed facility
Altering the program, pacing, or safety instructions
Using unsuitable equipment or unsafe environments

5.3 No medical advice

Our content does not provide medical diagnosis or individualised clinical advice. If a participant has pain, complex medical history, recent surgery, high falls risk, or other concerns, the facility should seek appropriate medical/allied health advice before participation.

SECTION 6 – PRICES AND BILLING

Prices may change without notice. The price charged is the price at the time the order is placed.

You agree to provide current, complete and accurate purchase and account information. You authorise us (and Shopify/payment providers) to charge the payment method provided.

SECTION 7 – DELIVERY OF DIGITAL CONTENT

Delivery for digital content may be provided via streaming access, login-based portals, links, or other platforms.

You acknowledge that:

Access is provided for the licensed facility only
Access may be time-limited depending on what is purchased
Sharing, downloading, or storing content is prohibited as set out in Section 4

We are not responsible for access issues caused by:

Your internet connection
Device compatibility
Facility IT restrictions or firewalls
Third-party platform outages (including Shopify)

SECTION 8 – INTELLECTUAL PROPERTY

All content on the Services, including videos, class structures, program design, scripts, text, graphics, branding, and materials, is owned by Mobility Matters Pilates or its licensors and is protected by intellectual property laws.

You must not reproduce, distribute, modify, publicly display, republish, download, store, transmit, or exploit any material without our prior written consent, except as permitted under the per-facility licence in Section 4.

All rights not expressly granted are reserved.

SECTION 9 – OPTIONAL TOOLS AND THIRD-PARTY LINKS

The Services may include tools or links provided by third parties. We do not control these third parties and are not responsible for their content, security, or privacy practices. Use them at your own risk.

SECTION 10 – RELATIONSHIP WITH SHOPIFY

Mobility Matters Pilates is powered by Shopify, which enables us to provide the Services. Any purchases made through our store are made directly with Mobility Matters Pilates, not Shopify. Shopify is not responsible for any aspect of transactions between you and us.

SECTION 11 – FEEDBACK

If you submit feedback (including reviews, suggestions, or testimonials), you grant us a worldwide, royalty-free licence to use it for operating and promoting the Services. You confirm you have the right to submit that feedback.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

We may correct errors and update information at any time without notice, including after an order is submitted. We may cancel orders where information is inaccurate.

SECTION 13 – PROHIBITED USES

You must use the Services lawfully. You must not:

Breach the per-facility licence or share content
Attempt to bypass security features
Upload malware or interfere with site operation
Scrape or harvest data
Infringe our intellectual property rights

We may suspend or terminate access if these Terms are breached.

SECTION 14 – TERMINATION

We may terminate or suspend access to the Services at any time if we believe you have breached these Terms, including licensing restrictions. You remain liable for amounts due up to the date of termination. Sections intended to survive termination will continue to apply.

SECTION 15 – DISCLAIMER OF WARRANTIES

To the extent permitted by law, the Services and all products are provided “as is” and “as available”. We do not guarantee uninterrupted, secure, or error-free access.

Any reliance on information provided through the Services is at your own risk.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, Mobility Matters Pilates (and our employees, contractors, service providers, and platform partners) will not be liable for any indirect, incidental, special, or consequential loss, or for any injury, loss, claim, or damages arising from:

Participation in movement activities
Use or misuse of the content
Inadequate screening or supervision
Use outside the licensed facility
Alteration of instructions, pacing, or setup
Platform outages or third-party service interruptions

Nothing in these Terms excludes any consumer guarantees that cannot be excluded under Australian Consumer Law. Where liability cannot be excluded, it is limited to the maximum extent permitted by law.

SECTION 17 – INDEMNIFICATION

You agree to indemnify and hold harmless Mobility Matters Pilates from claims, damages, losses, and expenses arising from:

Your breach of these Terms (including licence breaches)
Your violation of any law
Your facility’s delivery, supervision, screening, or implementation of the program

SECTION 18 – SEVERABILITY

If any provision is found unenforceable, the remaining provisions remain in full force.

SECTION 19 – ENTIRE AGREEMENT

These Terms and any policies referenced form the entire agreement between you and us and supersede prior communications.

SECTION 20 – GOVERNING LAW

These Terms are governed by the laws of South Australia, Australia. You submit to the exclusive jurisdiction of the courts of South Australia.

SECTION 21 – CHANGES TO TERMS

We may update these Terms at any time by posting the updated version on this page. Your continued use of the Services after changes are posted constitutes acceptance.

SECTION 22 – CONTACT

Questions about these Terms should be sent to:
mobilitymatterspilates@gmail.com