1. Description of Services
Welcome to Barre Base Anywhere, which is owned and operated by Barre Base Limited, a New Zealand company registered under number 6467592 (“we, us, our or Barre Base”). These Terms of Service apply to all users of our online subscription services and community (“you, your”) including:
- our website https://barrebaseanywhere.co.nz;
- any associated software application we may develop or license;
- any associated video, audio, visual, written materials, website links;
- any associated user interfaces, and
- all other content, software, features and functionalities associated with services that provide subscribers with access to view and discover our pre-recorded or live audio-visual exercise presentations which are streamed over the internet to compatible devices
(individually and collectively the "Services”).
2. Acceptance of Terms
3. Changes to Terms
- We will notify you at least 30 days before making any material changes to these Terms of Service (such as the price), unless the changes need to be implemented quickly for security, legal or regulatory reasons, in which case we will notify you of the changes as soon as we can. If any change to these Terms of Service will materially disadvantage you, or materially affect the availability of the Services, we will provide you with 30 days' notice before the changes become effective and you can choose to cancel your subscription before the changes take effect.
- Where possible, we will ensure that any changes to these Terms of Service which materially disadvantage you will not come into effect until the start of your next subscription period. If a materially adverse change is going to come into effect during your current subscription period, you can cancel your subscription before the change comes into effect and we will, to the extent required by applicable law, provide you with a refund for amounts you have paid for the Services but not received.
- If you continue to use the Services following any change to these Terms of Service your continued use constitutes your acceptance of the amended Terms of Service. These Terms of Service were last updated in August 2021.
4. Changes to Services
- We may regularly make changes to any element of the Services or associated content. In particular, the availability of content may change from time to time for various reasons, whether they are beyond are control or not. We therefore have the right to add or withdraw content at any time, with or without notice. There may also be times when we have to remove certain features or functionality and/or stop allowing certain devices or platforms from being able to access the Services. We may also update or upgrade the Services from time to time.
- If changes to any element of the Services are likely to materially adversely affect the Services, we will try to make sure that any changes will not adversely affect you during your current subscription period, so that you have the chance to cancel your Services before the next subscription period begins. If we have to make an adverse change to the Services during your subscription period, we will give you at least 30 days' notice and the right to cancel. If you do not cancel your subscription after we have notified you about any changes and before these changes take place, and you continue to use the Services, unless prohibited by law, you agree that this constitutes your acceptance of the changes. If you choose to cancel your subscription, we will, if required by applicable law, provide you with a refund for amounts you have paid for the Services but not received.
5. Your Fitness
You are responsible for exercising within your limits when using the Services. We do not guarantee or promise any results from your use of the Services. This means you agree to:
- consult your doctor before using the Services and follow his or her advice. The Services do not constitute medical or professional advice or care.
- not use the Services if you have a history of chest pain, knee, ankle, wrist, shoulder, joint, or spinal (back or neck) problems or injuries. Do not participate in indicated videos if you are prone to seizures. Flashing lights and rapid imagery changes may be used in the Services. Motion sickness may be experienced.
- read and follow all safety guidance provided as part of the Services, especially before participating for the first time or if you are unfamiliar with the exercises on the Services.
- stop using the Services immediately if at any time you feel you are exercising beyond your current fitness abilities, or you feel discomfort, pain, dizziness, or nausea.
6. Your Age
The Services are not generally suitable for use by children under the age of 14. Individuals under the age of 18 years may use the Services by using their parent or legal guardian's account with us with the consent and supervision of the applicable parent or legal guardian and by following these Terms of Service. If you are the parent or legal guardian of a child, you are responsible for monitoring and supervising your child's use of the Services and ensuring that they follow these Terms of Service, including those set out under “Your Fitness”.
7. Your Information
- You are solely responsible for the information you input or upload to the Services, and warrant and represent you have the right and authorisation to register for the Services and post content generated by you. Barre Base may in its sole discretion decide that the information you input or upload is not appropriate or that it does not comply with the Terms of Service, our policies and any applicable laws and regulations. In that case, Barre Base may remove or delete any content generated by you.
- We may offer the Services or third-party services and products to you based on the preferences that you identify in your registration and at any time thereafter unless you opt-out of receiving third party services and products.
- You agree that we may collect and use technical data and related information that is gathered periodically to facilitate the provision of updates, product support and other services. We may use this information if it is in a form that does not personally identify you as a user.
8. Your Username/Password/Security
You are responsible for maintaining the confidentiality of your information as it relates to the Services, including your username and password. To maintain exclusive control over your information, you should not reveal your password to anyone. You are responsible for all uses of your username and password whether or not authorized by you. If you wish to have someone else use your device, it is important you always log out so no other individual will have access to your content. You agree to immediately notify Barre Base of any unauthorized use of your username and password.
9. Your Use of Services
- The Services are offered only for digital content, video streaming and related materials and is only a conduit for video streaming and related materials. Each user is solely responsible for deciding whether the Services offered are suitable for your own purposes and whether the Services match your needs.
- If you choose to access any component of the Services for which there is a fee, you agree to pay all fees and charges associated with your account on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card or such other payment method we offer, which you select. You agree to maintain valid payment information as part of your account information when applicable.
- So long as you pay for your Services as required, Barre Base grants you a non-exclusive, non-transferrable, personal, non-sub licensable, limited right and license to use the Services chosen by you. Barre Base makes no guarantees as to the resolution and quality of your digital content when streaming. The quality and speed of your stream of digital content has many different variables, including your connection speed, location, download speeds, devices, player and bandwidth.
- As of August 2021, we offer a subscription plan which requires you to pay to use our Services for one month in advance. Your current payment period begins from the date of your payment and ends one month after that. To renew your subscription, you need to pay for another one month in advance.
- We may offer other subscription plans, including subscriptions with differing subscription periods, conditions and limitations. Any specific terms relating to a particular subscription plan will be notified to you via the Services before you sign up for any particular subscription. The specific terms will take precedence over the terms set out in these Terms of Service to the extent that a conflict arises.
- You may cancel your subscription at any time, and you will continue to have access to the Services until the date of cancellation takes effect, usually at the end of your current subscription period.
- We may put your subscription on hold temporarily at any time in order to protect ourselves from fraudulent or illegal activity and will notify you as soon as possible. If such activity is caused by you, you will be in breach of these Terms of Service, and we may cancel your subscription.
11. Free Trial Period
Your subscription may start with a free period of access. The duration of any free period of access will be specified during your online sign-up. Restrictions may apply, which will be confirmed in the terms accompanying any applicable offers. Free periods of access are for new subscribers to the Services only (one per subscriber) and are subject to availability. We will begin charging you for subscription fees at the end of the free period of access of your subscription, unless you cancel prior to the end of the free period of access.
By purchasing a subscription, you expressly agree that we are authorised to charge your selected payment plan in accordance with the payment method you select. Receipts are sent to the registered email account once the charge is successful. Your subscription will continue in effect unless and until you cancel your subscription or we terminate it. You must cancel your subscription according to the terms of that specific plan prior to the next charge in order to avoid billing. For example, if you wish to cancel your subscription with effect from 1 July, you will need to provide notice no later than midnight on 30 June.
Unless required by law, there are no refunds or credits for partially used periods. However, following any cancellation, you will continue to have access to the Services through to the end of your current payment period.
If a payment is not successfully settled and you do not edit your payment method information or cancel your subscription, we may suspend your access to the Services until we have obtained payment. When you update your payment method, you authorise us to charge the updated payment method for any uncollected amounts. This may result in a change to your payment dates or subscription period.
For certain payment methods, the issuer of your payment method may charge you a foreign transaction fee or other charges. Check with your payment method service provider for details, not us. If you are paying for your subscription via a third party and you wish to change your payment method, you will need to do so through that third party, not us.
If you access the Services or purchase a subscription through a third party (for example, an app-store):
- if you have any problems with billing or payments, please contact that third party in respect of any refunds or credits relating to your subscription in accordance with that third party's terms; and
- your payment will be to that third party and you will be subject to that third party's terms. Important information on the applicable terms of sale, charges, taxes, payment methods, your right to cancel a transaction and when you can exercise this right (where applicable), and the technical steps to conclude a transaction, will be detailed in the third party's terms and conditions. You must comply with those terms and conditions and also with these Terms of Service. In the event of any inconsistency between these Terms of Service and those terms and conditions, the third party terms and conditions shall take precedence over these Terms of Service.
13. Your Comments & Suggestions
While Barre Base values user feedback, please be specific in your comments and do not submit creative ideas, inventions, or suggestions. If you send creative ideas, inventions, or suggestions, all such submissions shall be the property of Barre Base in whole or in part. Barre Base shall own exclusively all now known or later discovered rights to the submissions and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to users or any other third party. No part of the submissions shall be subject to any obligation of confidence and Barre Base shall not be liable for any use or disclosure.
14. Social Networking
You may have the option to use Twitter, Facebook or other social networking Services through the Services to share links and content. You undertake this option as your sole responsibility, including but not limited to complying with all of the terms and conditions of the social networking Services.
15. Your obligations
The Services may be used only for lawful purposes. Barre Base specifically prohibits any use of the Services, and all users agree not to use the Services, for any purposes other than as designated by Barre Base. You are prohibited from violating or attempting to violate the security of the Services, including, without limitation:
- accessing data not intended for you or logging into a server or account which you are not authorized to access.
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Services, overloading, "flooding", "spamming", "mailbombing" or "crashing";
- forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
- scraping or harvesting data, or
- the use of robots to skew payouts.
You must not, and must not allow third parties, to:
- attempt to copy, reproduce, publish, transmit, broadcast, archive, download (other than through caching necessary for personal use), distribute, modify, display, perform, license, transfer, exchange, translate, create derivative works from, offer for sale, or use (except as explicitly authorised in these Terms of Service) content and information contained on or obtained from or through the Services without express written permission from us;
- use the Services for public performances including, without limitation, performance in or for any fitness facility;
- use our content (including, without limitation, the choreography or music contained therein) to teach or instruct any fitness class;
- circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Services;
- use any robot, spider, scraper or other automated means to access the Services;
- decompile, reverse engineer or disassemble any software or other products or processes accessible through the Services (except as permitted by applicable law);
- insert any code or product or manipulate the content of the Services in any way;
- use any data mining, data gathering or extraction method;
- infringe any third party's rights;
- transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Services. We may modify or delete any material that is considered defamatory, offensive or otherwise unlawful, or that infringes the rights of anyone else;
- access, view and/or purchase the Services using a virtual proxy network;
- register multiple times for a free period of access (which would constitute a breach of these Terms of Service); or
- upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Services, including any software viruses or any other computer code, files or programs.
You agree to:
- pay all charges issued by us relating to your subscription;
- comply at all times with these Terms of Service;
- use the Services for your own personal and non-commercial use, and not for any commercial or business purpose;
- ensure all information you give us is correct at all times, and notify us immediately of any changes to your contact details;
- follow the instructions and directions we provide about using the Services and only use them in accordance with all applicable laws, rules and regulations;
- be responsible and liable for any use by any other person (authorised or unauthorised) of the Services we provide to you, including, without limitation, any charges associated with that use and any consequences if an applicable person misuses the Services or breaches these Terms of Service or suffers any injury or damage to their property;
- make sure everyone you are responsible for and who may use or do anything in relation to the Services also meets the responsibilities set out in these Terms of Service; and
- be responsible for configuring your information technology, computer content and compatible devices in order to access our website and other Services. You should use your own virus protection software.
16. Intellectual Property
- The Services, associated content, the name “Barre Base Anywhere” and all our other tradenames and logos are protected by copyright and/or other proprietary intellectual property rights owned by or licensed to us.
- You have no intellectual property rights in or to the Services or any associated content, other than the right to use them in accordance with these Terms of Service.
- You may not remove, alter, or in any way tamper with any copyright notices or other proprietary markings included in the Services or any associated content. Any copying, access, transfer, public performance or communication to the public or other use of the Services or any associated content other than as expressly authorised by applicable law or these Terms of Service shall constitute an infringement of applicable intellectual property rights and a breach of these Terms of Service. In the event of applicable infringement, we may without notice block your access to the Services and terminate your subscription and pursue any rights or remedies available to us.
- The Services (including without limitation all programs, complied binaries, interface layout, interface text, documentation, resources and graphics) are the sole and exclusive property of Barre Base Limited and are protected by copyright, trademark, and other intellectual property common and statutory laws of New Zealand.
- You agree that Barre Base owns and retains all rights to the Services and that is content is solely owned and controlled by us and all such material are protected and copyrighted, trademarked and protected by copyright, trademark, and other intellectual property common and statutory laws of New Zealand. You may not sell or modify the Services or associated content, or reproduce, display, publicly perform, distribute, or otherwise use the Services in any way for any purpose. In the event of applicable infringement, we may without notice block your access to the Services and terminate your subscription and pursue any rights or remedies available to us.
17. Copyright Infringement Notification
If you believe that any copyrighted work is accessible through the Services in a way that constitutes copyright infringement, please notify Barre Base by emailing us at email@example.com with the following information:
- The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
- A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
- Identification of the URL or other specific location on the Services where the material or activity you claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;
- Your name, address, telephone number, and e-mail address;
- A statement by you, that the information you have provided is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and you have a good faith belief that use of the copyrighted materials is not authorized by the copyright owner, any agent of the copyright owner, or the law.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against, you can send Barre Base a counter-notice that includes the following:
- Your name and address, and telephone number;
- The source address of the removed content;
- A statement under penalty of perjury that you have a good faith belief that the content was removed in error; and
- your consent that you will accept service of process from the person who provided the original complaint.
18. Cancellation or Termination by Us
- We may end your right to use all or any part of the Services or your subscription immediately if we have a reasonable belief that you have breached these Terms of Service or if you are using the Services in any manner other than for its intended purpose, fraudulently or illegally. If what you have done can be fixed, we may give you a reasonable opportunity to do so.
- If we decide to discontinue any part of the Services, we will give you at least 30 days' prior notice (unless we need to discontinue the Services (or any part of it) immediately for legal reasons, including in order to comply with a court order). If we discontinue the Services, we will, to the extent required by applicable law, provide you with a refund for amounts you have paid for the Services but not yet received.
- If we end your rights to use the Services or your subscription, you must stop all use of the Services and your subscription.
19. Our Liability
We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to limit or exclude liability for fraudulent misrepresentation, willful misconduct or gross negligence by us or our employees or agents or any other liability which cannot be limited or excluded under applicable law.
We acknowledge your rights as a consumer under the Fair Trading Act 1986 and the Consumer Guarantees Act 1993, but provided we have acted with reasonable care and skill, we will not be held liable for any direct, indirect or consequential loss or damage of any kind, whether to you or your property. Compensation for personal injury by accident in New Zealand is covered by the Accident Compensation Act 2001.
If we breach these Terms of Service, we will only be liable for losses which are a reasonably foreseeable consequence of that breach. Losses are foreseeable where they could be contemplated by you and us at the time of you agreeing to these Terms of Service.
We are not responsible for:
- any use of the Services which is not authorised by us;
- any malfunction of or interruption to the Services due to unforeseeable circumstances that prevent us from fulfilling our obligations to you;
- errors, viruses or bugs present in or arising from your use of the Services;
- incompatibility of the Service with any other software or hardware (including any of your devices); and
- any act or default of any third party platform, service provider, supplier, device manufacturer or provider of a device operating system, which are beyond our reasonable control.
You have certain statutory rights under the applicable laws of your territory (such as the Consumer Guarantees Act in New Zealand). Nothing in these Terms of Service is intended to affect these statutory rights.
To the fullest extent permitted by law, apart from the liability set out in subclause (a) above, in no event shall our total liability to you for all losses or damages arising from your use of the Services or your subscription exceed the amount you have paid for your subscription.
We do not warrant that the operation of Services will be uninterrupted or error-free, or that the Services are free of computer viruses or other harmful mechanisms.
We are not responsible for any lack of functionality or failure to provide any part of the Services or for any loss of content or date that is due to your equipment, your devices, your operating system or internet connection.
We do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail as the transmission of data or information over the internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. In no event will such data or information be deemed to be confidential, create any fiduciary obligations on our part, or result in any liability to you in the event that such information is inadvertently released or accessed by third parties without consent.
To the fullest extent permitted by law, we take no responsibility for the information you have uploaded to the services and shall not be responsible or liable for the deletion, correction, destruction, damage, or loss of such information, or failure to store any of such information. Nor are we responsible for loss of information through the action of any third party or because of circumstances beyond our control. All users are expected to have their own backup of all of their information.
We make no claims that the Services may be lawfully accessed in any specific location. Access to the Services may not be legal by certain persons or in certain states or certain countries, or may require government authorization or registration. When you access the Services, you are solely responsible for compliance with the laws and regulations of your jurisdiction.
Through the use of third-party web services and APIs, the Services interoperates with a range of third-party service features. We do not make any warranty or representation on the availability of those features. Without limiting the previous sentence, if a third-party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, we may cease to make available that feature to you. To avoid doubt, if we exercise our right to cease the availability of a third-party feature, you are not entitled to any refund, discount or other compensation.
You acknowledge that the Services may link to third party websites or feeds that are connected or relevant to the Services. Any link from the Services does not imply that we endorse, approve or recommend, or have responsibility for, those websites or feeds or their content or operators. To the maximum extent permitted by law, we exclude all responsibility or liability for those websites or feeds.
You agree to defend, indemnify, and hold harmless us and our affiliates, officers, directors, employees, agents, representatives, and partners, harmless from and against any loss, liability, claim, action, or demand, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of the Services; (ii) any user generated content or communications, or (iii) your breach of these Terms of Service. We will notify you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We may assume the exclusive defense and control of any matter subject to immediate indemnification.
By using the Services you consent to receive electronic communications from Barre Base. These communications will include emails about your account, password, access, marketing, transactional and other information related to the Services. You can contact us at firstname.lastname@example.org. with any queries, concerns or complaints.
- Nothing in these Terms of Service is intended to create or will be construed as creating a joint venture, partnership, employer/employee or principal and agent relationship between you and Barre Base.
- These Terms of Service shall be governed by and construed in accordance with the laws of New Zealand, You irrevocably consent to the exclusive jurisdiction of the courts located in the in New Zealand in connection with any action arising out of or related to these Terms of Service and waive any objection based on lack of personal jurisdiction, place of residence, improper venue forum non-convenience in any such action.
- If any court having competent jurisdiction holds any provision of these Terms of Service invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Service shall continue in full force and effect.
- The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative.
- You may not assign these Terms of Service or any of your rights or obligations under them.
- Except as expressly specified herein, these Terms of Service shall create rights and obligations only between Barre Base and each individual user and it does not create any rights for any other parties.
- We will not be liable for or responsible for any failure to perform any of our obligations under these Terms of Service that is caused or contributed to by any event that is outside our reasonable control, including without limitation acts of God, riots, acts of war, terrorism, epidemics, governmental action, fire, power failures, earthquakes or other disasters.