Terms & Conditions

Welcome to the Grounded Movement Studio website and Subscription service.

Anna Rutherford provides a subscription service and one-off digital product purchases that provides our subscribers with access to live-streamed and pre-recorded yoga, meditation and movement content, directly to compatible phones, ipad’s/tablets, televisions, computers, and other devices.

These Terms & Conditions apply to your use of the Grounded Movement services, including but not limited to:

  1. The website
  2. Grounded Movement Studio Subscription which allows access to applications, media streaming services and all other content and services as delivered by Anna Rutherford. 
  3. Other websites or online content provided by or for Anna Rutherford, including materials, classes, resources, products, tools, content, services and social networking features.
  4. All other services provided by Anna Rutherford (all of the aforementioned, collectively being referred to as Services and Content).

SUBSCRIPTION

To access our full services you will need to sign up as a Grounded Movement Studio Member. The term member is used interchangeably with subscriber and customer.

Subscription gives you access to Anna Rutherford’s existing and live-streamed content in the Grounded Movement Studio. Subscription is available on a monthly and annual basis. Under a monthly subscription you will be charged a fee monthly for your subscription. Under an annual membership, you will be billed for 12 months in advance (Subscription Fee). All subscription types are set to reoccur.

Your Subscription grants you a limited, non-exclusive, personal and non-transferable licence in order to stream the Services and Content.

Your monthly subscription commences on the day you first pay your Subscription Fee and will expire one calendar month thereafter. Your annual subscription commences on the day you first pay your Subscription Fee and will expire twelve calendar months thereafter. Your Subscription will automatically renew for the same term upon expiry unless terminated in accordance with these Terms & Conditions. By signing up for a Subscription, you authorise Anna Rutherford to charge your Subscription Fee to the card details you provide.

The Subscription Fee is currently A$30 per month or A$240 per annum, inclusive of any applicable Australian Goods and Services Taxes. The Subscription Fee is payable in Australian dollars or other currency as applicable.

The Subscription is offered to you on the condition that you accept and agree to be bound by these Terms & Conditions in its entirety without modification of any kind.

At times, we may offer a subscription at a discount, with a promotional offer or under different terms to those disclosed in the Terms & Conditions (Promotional Offer). If any Promotional Offer applies to your subscription, these will be communicated to you at the time you initially subscribe.

Payment Method and Billing

On signing up for Subscription with The Grounded Movement Studio, you must provide us with a valid, accepted method of payment. 

By completing the Membership form and providing us with a Payment Method you authorise us to automatically charge you the Subscription Fee via the Payment Method you provide.

The Membership Fee is charged in advance via direct debit monthly or annually depending on your selected subscription, on the date corresponding to the date on which you initially commenced your Subscription (Billing Date).

Please note, if you are not based in Australia, the issuer of your Payment Method may charge you a foreign transaction fee or other charges for payment of the Subscription Fee.

The Subscription Fee is inclusive of all other fees and taxes (if applicable).

You are responsible for notifying us of any changes to your payment information and to update your information if your credit card has expired. If for any reason we are unable to process your automatic payment via your payment method, we have the right to cancel your Subscription until payment of your Subscription Fee is received. You are required to notify us of any billing problems or discrepancies within forty-five (45) days after the billing date by emailing anna@groundedmovementstudio.com.au

Personal Information made public by you via one of our Services (such as a chat/message board), is done so at your own risk, and with the understanding that third parties may access and use this Personal Information to send you unsolicited material.

As email communications are not always the most secure, please ensure you do not include credit card or other personal information in your email correspondence to us.

Other Data includes your:

  1. information collected via cookies and other technologies that record data about your use of the internet, websites, or third parties that promote our website or third parties that are used for other purposes;
  2. browser and device data;
  3. transaction data;
  4. business data;
  5. information collected by our advertisers, affiliates, business partners and other third parties;
  6. any other data collected by not mentioned above.

Please note, in some circumstances you may have the ability to update your settings to disallow or refuse cookies, however please note this may affect your ability to use the Services & Content and any other functionality we make available. We cannot control or be held responsible for the use of cookies or other technologies utilised by third parties.

Any services or functionality hosted by a third party, but accessed by you via our Services or website, may be subject to the privacy policies and practices of that third party.

Termination by you

If you choose to terminate your Subscription, this can be done at any time via Members tab – select “Cancel”.

Membership will be cancelled immediately.

Annual subscriptions are available at a discounted rate and are billed upfront, that is, for the twelve months in advance. The annual subscription is non-refundable.

If you do not pay your Subscription Fees or if we have reason to suspect that you or a third party are using the Subscription improperly or inappropriately (for example sharing your Subscription with multiple people or posting inappropriate comments on the community Chat or social media), or illegally or if you otherwise do not comply with these Terms & Conditions, we reserve the right to immediately terminate or suspend your Subscription and access to the Services without any notice to you. We shall have no liability to you or any third party because of such termination or for any loss or damage as a result of termination or suspension and you will still be responsible for paying any outstanding Subscription Fees to us unless we advise you otherwise.

We may terminate your Subscription, due to any other reason that we determine satisfactory.

Subscription Terms of Use

By signing up for a Subscription and accessing the Services and Content, you accept and agree that:

  1. you are representing to us that you are over the age of 18 and you are of legal age to form a legally binding contract;
  2. you have provided to us information in relation to your Subscription that is true, accurate, current, complete and to the best of your knowledge;
  3. you are obliged to maintain and promptly update your account information if your circumstances change;
  4. you will only access the services and content available for your own personal, non-commercial use.
  5. you will use the Services and Content in accordance with all applicable laws and regulations.
  6. you understand that your Subscription grants you a limited, non-exclusive, personal and non-transferable licence in order to stream the Services and Content;
  7. services and content may update from time to time without notice and may vary in functionality across Devices.
  8. you have not previously had your Subscription cancelled or terminated by us;
  9. you must not download (other than through caching necessary for personal use), copy, reproduce, offer for sale, distribute, modify, mimic, display, publicly or privately screen, perform, publish, license, pose as a representative of, create plagiaristic works from, or use the services and content (except as expressly permitted in these Terms & Conditions), without our prior written permission;
  10. you will not attempt to do any of the following:
    1. act in a way to bring harm, disrepair, technical issues, compatibility issues or any other acts that may affect the operation of the Services and Content;
    2. manipulate, circumvent, remove, alter or effect any digital rights management, anti-piracy or other protective measures used in connection with the Services and Content;
    3. manipulate, impair or disable the content or services in any way; or
    4. decompile, reverse engineer or disassemble the Services or Content;
    5. attempt to bypass any technology which prevents access to the Services and Content in certain geographic locations;
  11. you grant a licence to us, to use and distribute your User Content. You understand that we may use or display any comments, information, testimonials, ideas, reviews, techniques or any other material contained in any communication you may send to us or post on the Services, website or advertising platforms (Commentary), without any payment to you, for any purpose whatsoever. Accordingly, by commenting, posting, displaying or otherwise making available any User Content on or through our website, services or content, you hereby grant us authority to use, copy, create derivative works, publicly display, store or otherwise use this User Content. This includes, but is not limited to, marketing and promotion, product development and improvement of the Services and content provided. In addition, you agree not to enforce any moral rights in and to the Commentary, to the extent permitted by law;
  12. you are solely responsible for your Account management, commentary and must ensure your Account login and password remain unknown to other persons.
  13. we may remove your Account commentary without notice;
  14. you must not use your Subscription and/or User Account to conduct or display defamatory, offensive, misleading, derogatory to us or any other persons, harassing, illegal, false, or obscene behaviour or infringe on the rights of third parties;

SERVICES AND CONTENT

The availability, quality and speed of delivery of streamed Services and Content may vary from time to time due to a number of factors, including but not limited to:

  1. internet connection of service providers including movement teachers and persons engaged to provide the Services and Content;
  2. your internet connection. You shall be responsible and liable for all of your own equipment, internet connectivity and software. Further you are solely responsible for establishing your internet connection and for all charges associated with internet access and usage. An internet connection is required to access the Services and Content. Bandwidth, coverage and data limits may vary depending on your provider;
  3. your device/s. It is your responsibility to ensure that your Device/s are compatible with the Services and Content provided. Note that device compatibility may change from time to time, particularly due to technology updates;
  4. changes to Services and Content. We are constantly improving our library content, live content and services in order to provide you with a premium subscription experience. As a result, the Services and Content may change from time to time without notice;
  5. other unforeseen circumstances that may arise.

The Services and Content may contain advice, opinions, promotional and marketing offers, website links and product in connection with or provided by third parties. Third party software may be required to access the Services and/or Content (Third Party Content). We are not responsible for any Third Party Content. Your use, provision of information to, and reliance on Third Party Content may be subject to terms and conditions set by that third party. We do not necessarily recommend, approve, endorse, control or sponsor any Third Party Content, especially product, teachers, poses, medical tests, advice or claims, practitioners, procedures or treatments, and you use and rely on any Third Party Content at your own risk.

Medical Disclaimer

Prior to starting any yoga, meditation or movement classes, workshops or tutorials offered by us, you should seek professional medical advice from your chosen physician to determine whether the Services and Content provided are suitable for your needs. Anna Rutherford and other teachers, staff or representatives of The Grounded Movement Studio are not trained to and cannot provide you with medical advice, injury advice or diagnosis of symptoms. The use of equipment, poses presented, moves, instruction, advice or information included in your Subscription are suggestions only and should be used as a guide only. It is your responsibility to ensure you elect to use poses, movements and use of the Services and Content that are suitable to you and your body. Use your own judgement in deciding on whether to rely on information contained within the Services and Content. No suggestions, comments, advice or information contained in the Service and Content should be construed as any form of medical advice, treatment or diagnosis. Always seek advice from a qualified medical practitioner for health issues. In the event of a medical emergency, contact your doctor or emergency services.

By Subscribing to Anna Rutherford’s Grounded Movement Studio and by using the Services and Content provided, you represent that you understand that the Services and Content provided contains physical exercise which carries the risk of injury, whether it be physical or mental. It is your responsibility, and you should use your own judgement in deciding on your physical and mental capabilities for each exercise and class. Choose poses, movements, classes and exercises that are suitable to you and your body, and do not participate in classes, exercises, poses or activities that exceed your capabilities. Teachers, staff, representatives or third parties demonstrating physical exercises via the Services and Content may suggest physical exercises, poses or adjustments and it is your responsibility to determine whether this is suitable for you and your body. You expressly waive and release any claim that you may have at any time for injury of any kind against Anna Rutherford of The Grounded Movement Studio, it’s associated entities, any person or entity involved with Anna Rutherford, including without limitation its directors, teachers, employees, independent contractors, agents, contractors, affiliates and representatives.

Geographical limitations

Some Services and Content may not be available in your geographic location and as a result these Services and Content cannot be viewed or accessed. The Services and Content is only available in, and may vary between, the countries in which we offer the Services and Content.

Member Account, Password and Security

You are solely responsible for your Account management, User Content and Commentary. You are solely responsible for maintaining the confidentiality of your account information, login and security of your password. You are solely and fully responsible and liable for all access to and use of the website, services and content that occur in your account, whether it be accessed by yourself or a known or unknown third party. All rights attaching to a Subscription you created are granted to you only.

Access your Subscription information by going directly to My Account after you have logged in. We will not request your Payment information via email.

In the event your device/s are lost or stolen, you should de-activate your Subscription, via the Members tab. You agree to immediately notify us by emailing anna@groundedmovementstudio.com.au of any unauthorised use of your account or password, or any other breach of security. You understand that we will not be liable for any loss or damage that arises from your failure to comply with these items.

Views Represented

Services and Content provided and/or promoted by Anna Rutherford does not necessarily represent the views and opinions of us, our directors, sponsors, partners or affiliates.

Liability

The Services and Content provided by Anna Rutherford are provided ‘as is’ and ‘as available’ with all faults and without warranty. Accordingly, to the maximum extent permitted by law, we do not guarantee, represent or warrant to you that the Services and/or the Content:

  1. are or will remain compatible with any Device/s;
  2. are provided error-free or uninterrupted, particularly with reference to internet connection;
  3. provide accurate, reliable, suitable or complete advice, suggestions or information;
  4. are or will remain available in your geographical location; or
  5. are monitored or protected from User Account Content and Commentary or Third Party Content that may be in breach of these Terms of Use or applicable laws; or
  6. that the Services are free of viruses or other spyware that could damage your Device/s.

We disclaim all liability for any loss or damage (including, but not limited to, special, indirect, consequential loss or damage or loss of profits) rising directly or indirectly in connection with above mentioned items i – vi and the use of the Services and/or the Content by you or any third party.

In Australia services with guarantees that cannot be excluded under The Australian Consumer Law, are listed in Schedule 2 of the Competition and Consumer Act 2010 (Cth). Where permitted by law we limit our maximum liability in relation to the Services and Content to be equal to a refund of the Subscription Fee paid for the affected period. In event of a major failure of the Services and Content, you may be entitled to a resupply or refund of your Subscription fee for the affect period.

Indemnity

You agree to indemnify, defend and hold harmless Anna Rutherford from and against any loss, damage, costs (including legal costs), expenses or other liability arising out of any claim or demand in relation to your Subscription, User Account, or your use of the Services and/or Content. The indemnity given by you is limited to the extent that any negligence or breach of these Terms & Conditions by us has contributed to the liability in question.

Other Terms

These Terms & Conditions are governed by the laws of Queensland, Australia.

Should a conflict between these Terms & Conditions and any information provided by our teachers, employees, support team, the Services or otherwise arise, these Terms & Conditions will prevail.

If any provision or inclusion of these Terms & Conditions shall be found to be unenforceable, invalid or illegal, the remainder of the provisions shall continue to remain in full force and effect.

Copyright and Property

The Content and Services are the property of Anna Rutherford, or, where applicable and agreed upon, the property of third parties. All intellectual property rights in the Services and Content are reserved accordingly, aside from the limited, non-exclusive, personal and non-transferable licence which has been granted to you in these Terms & Conditions.

If you suspect any works have been reproduced or distributed in a way that constitutes copyright infringement or if you are aware of any infringing material available through our Services please contact us immediately.

We do not endorse or accept unsolicited resources or ideas for Services and Content. Should you send to us by any means and in any format, any content, resources or ideas, you do so with the knowledge that no payment will be provided to you. By sending this content, resources or ideas you waiver any claim against us regarding the use of same.

Modifications

We may make modifications to these Terms & Conditions, the Services and Content provided.

If changes are made which relate to your Subscription (specifically your Subscription Fees, Billing Dates, Payment Methods or Cancellation of your Account), we will let you know by email at least fourteen (14) days before the changes take place. Should you not be satisfied with the changes, you may cancel your Subscription in accordance with these Terms & Conditions.

Any other changes to the Services and Content, may be done without notice to you.

You acknowledge and agree that it is your responsibility to review these Terms & Conditions on a regular basis to ensure you keep up to date with the latest modifications and current Terms & Conditions.

Contact and Communication

Please get in contact if you have any other questions. 

If we need to contact you, we will usually send an email to the address you provided when you signed up for your Subscription.

Please ensure you provide accurate contact details as this is how we will send important information like Account access details, payment authorisations, cancellation confirmation and password change requests. Any electronic communications given by us should be treated as notice given in writing. You understand that by signing up for your Subscription you authorise us to contact you by electronic means of communication.

We will send you information such as e-newsletters, promotional offers, special deals, surveys and promotional announcements via email or other means of communication. If you’d prefer not to receive these emails you can opt out via the ‘Unsubscribe’ section provided in the communication. If you are unable to locate the ‘Unsubscribe’ section, please email anna@groundedmovementstudio.com.au for assistance.

Subscription Support

If you require assistance with your Subscription, you can reach us via the contact options above.

If you are not satisfied with the above Terms & Conditions, please do not proceed with your subscription or use of our services as your continued use means you agree to, and abide by these Terms & Conditions.

Our Privacy Policy, along with any other terms and conditions that appear on our Website, also form part of these Terms & Conditions.

 

Last updated May 2023