Terms & conditions

Terms & Conditions

These Terms and Conditions are incorporated into any contract between Project 12 under Ginger Tea Collective Pty Ltd ("Project 12", “we”, “us”, “our”) and You for the provision of the Services and the Products by Project 12 to You.

IT IS AGREED as follows:

Privacy Policy

Project-12.com (the "Site") is owned and operated by Tess Alexander. Tess Alexander is the data controller and can be contacted at:

hello@project-12.com

Purpose

The purpose of this privacy policy (this "Privacy Policy") is to inform users of our Site of the following:

  1. The personal data we will collect;

  2. Use of collected data;

  3. Who has access to the data collected;

  4. The rights of Site users; and

  5. The Site's cookie policy.

This Privacy Policy applies in addition to the terms and conditions of our Site.

GDPR

For users in the European Union, we adhere to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (the "GDPR"). For users in the United Kingdom, we adhere to the GDPR as enshrined in the Data Protection Act 2018.

We have not appointed a Data Protection Officer as we do not fall within the categories of controllers and processors required to appoint a Data Protection Officer under Article 37 of the GDPR.

Consent

By using our Site users agree that they consent to: 1. The conditions set out in this Privacy Policy.

When the legal basis for us processing your personal data is that you have provided your consent to that processing, you may withdraw your consent at any time. If you withdraw your consent, it will not make processing which we completed before you withdrew your consent unlawful.

You can withdraw your consent by: Contacting the Data Protection Officer.

Legal Basis for Processing

We collect and process personal data about users in the EU only when we have a legal basis for doing so under Article 6 of the GDPR.

We rely on the following legal basis to collect and process the personal data of users in the EU:

1. Users have provided their consent to the processing of their data for one or more specific purposes.

Personal Data We Collect

We only collect data that helps us achieve the purpose set out in this Privacy Policy. We will not collect any additional data beyond the data listed below without notifying you first.

Data Collected Automatically
When you visit and use our Site, we may automatically collect and store the following information:

  1. Clicked links; and

  2. Content viewed.

Data Collected in a Non-Automatic Way
We may also collect the following data when you perform certain functions on our Site:

  1. First and last name;

  2. Age;

  3. Email address;

  4. Phone number;

  5. Address; and

  6. Payment information.

This data may be collected using the following methods:

1. Creating an account.

How We Use Personal Data

Data collected on our Site will only be used for the purposes specified in this Privacy Policy or indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in this Privacy Policy.

The data we collect when the user performs certain functions may be used for the following purposes:

1. Communication.

Who We Share Personal Data With

Employees
We may disclose user data to any member of our organisation who reasonably needs access to user data to achieve the purposes set out in this Privacy Policy.

Other Disclosures
We will not sell or share your data with other third parties, except in the following cases:

1. If the law requires it;
2. If it is required for any legal proceeding;
3. To prove or protect our legal rights; and
4. To buyers or potential buyers of this company in the event that we seek to sell the company.

If you follow hyperlinks from our Site to another Site, please note that we are not responsible for and have no control over their privacy policies and practices.

How Long We Store Personal Data

User data will be stored until the purpose the data was collected for has been achieved. You will be notified if your data is kept for longer than this period.

How We Protect Your Personal Data

In order to protect your security, we use the strongest available browser encryption and store all of our data on servers in secure facilities

While we take all reasonable precautions to ensure that user data is secure and that users are protected, there always remains the risk of harm. The Internet as a whole can be insecure at times and therefore we are unable to guarantee the security of user data beyond what is reasonably practical.

Your Rights as a User

Under the GDPR, you have the following rights:

  1. Right to be informed;

  2. Right of access;

  3. Right to rectification;

  4. Right to erasure;

  5. Right to restrict processing;

  6. Right to data portability; and

  7. Right to object.

Children

We do not knowingly collect or use personal data from children under 16 years of age. If we learn that we have collected personal data from a child under 16 years of age, the personal data will be deleted as soon as possible. If a child under 16 years of age has provided us with personal data their parent or guardian may contact our privacy officer.

How to Access, Modify, Delete, or Challenge the Data Collected

If you would like to know if we have collected your personal data, how we have used your personal data, if we have disclosed your personal data and to who we disclosed your personal data, if you would like your data to be deleted or modified in any way, or if you would like to exercise any of your other rights under the GDPR, please contact our privacy officer here: Hello@Project-12.com

Do Not Track Notice

Do Not Track ("DNT") is a privacy preference that you can set in certain web browsers. We do not track the users of our Site over time and across third party websites and therefore do not respond to browser-initiated DNT signals.

Cookie Policy

A cookie is a small file, stored on a user's hard drive by a website. Its purpose is to collect data relating to the user's browsing habits. You can choose to be notified each time a cookie is transmitted. You can also choose to disable cookies entirely in your internet browser, but this may decrease the quality of your user experience.

We use the following types of cookies on our Site:

1. Functional cookies
Functional cookies are used to remember the selections you make on our Site so that your selections are saved for your next visits.

Modifications

This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy we will update the "Effective Date" at the top of this Privacy Policy. We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email of changes to this Privacy Policy.

Complaints

If you have any complaints about how we process your personal data, please contact us through the contact methods listed in the Contact Information section so that we can, where possible, resolve the issue. If you feel we have not addressed your concern in a satisfactory manner you may contact a supervisory authority. You also have the right to directly make a complaint to a supervisory authority.

Contact Information

If you have any questions, concerns or complaints, you can contact our privacy officer at:

Hello@project-12.com

Activity Waiver & Release

IN CONSIDERATION OF the covenants and agreements contained in this Agreement and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties to this Agreement agree as follows:

Consideration

  1. Being of lawful age and in consideration of being permitted to participate in the activity described below, the Participant releases and forever discharges the Activity Provider (Tess Alexander and Project 12), the Activity Provider's spouse, heirs, executors, administrators, legal representatives and assigns from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims and demands for or by reason of any injury to person or property, including injury resulting in the death of the Participant, which has been or may be sustained as a consequence of the Participant's participation in the activity described below, and not withstanding that such damage, loss or injury may have been caused solely or partly by the negligence of the Activity Provider.

  2. The Participant understands that the Participant would not be permitted to participate in the activity described below unless the Participant signed this Agreement.

Details of Activity

3. The Participant will participate in the following activity: Online workout, Pilates, High Intensity Interval Training, and Exercise.

Concurrent Release

4. The Participant acknowledges that this Agreement is given with the express intention of effecting the extinguishment of certain obligations owed to the Participant and with the intention of binding the Participant's spouse, heirs, executors, administrators, legal representatives and assigns.

Fitness to Participate

5. The Participant acknowledges that the Participant does not have any physical limitations, medical ailments, physical or mental disabilities that would limit or prevent the Participant from participating in the above-mentioned activity. If required, the Participant will obtain a medical examination and clearance.

Full and Final Settlement

  1. The Participant hereby acknowledges and agrees that the Participant has carefully read this Agreement, that the Participant fully understands the same, and that the Participant is freely and voluntarily executing the same.

  2. The Participant understands that by signing this Agreement, the Participant agrees to be forever prevented from suing or otherwise claiming against the Activity Provider for any property loss or personal injury that the Participant may sustain while participating in or preparing for the above noted activity.

  3. The Participant has been given the opportunity and has been encouraged to seek independent legal advice prior to signing this Agreement.

  4. This Agreement contains the entire agreement between the parties to this Agreement and the terms of this Agreement are contractual and not a mere recital.

Governing Law

10. This Agreement will be governed by and construed in accordance with the laws of the State of Queensland.

Liability Waiver for Project 12 Online Workouts

Welcome to Project 12! By accessing and participating in our online Workouts, you acknowledge and agree to the following terms and conditions:

Your Obligations:

By engaging in Project 12 Workouts, you confirm that:

  1. You understand that Pilates is a form of exercise, and like any physical activity, it carries inherent risks to your health and safety.

  2. You voluntarily assume all risks associated with participating in the Workouts and acknowledge your responsibility to create a safe environment for your participation.

  3. You do not have any pre-existing injuries, illnesses, or conditions that may hinder your safe participation in the Workouts.

  4. If you experience any discomfort, illness symptoms, shortness of breath, pain, or dizziness during the Workouts, you will stop immediately and seek medical advice.

  5. If you are pregnant or postnatal, you have consulted with a medical professional before engaging in the Workouts and understand that they may not be suitable for these stages.

  6. You are at least 18 years old, or you have obtained parental/guardian consent to participate in the Workouts.

Limitation of Liability:

Project 12 disclaims any liability for injuries or damages to yourself or equipment used during the Workouts. Our instructors do not provide medical advice.

  1. You release Project 12 (including its entities, franchisees, members, employees, and contractors) from any claims, losses, damages, or expenses, including those related to personal injury, property damage/loss, or wrongful death, arising during the Workouts, regardless of negligence.

  2. Any liability related to the Workouts under statutory rights is limited to either resupplying the Workouts or reimbursing the reasonable cost thereof.

Indemnification:

You agree to indemnify and hold Project 12 harmless from all liabilities, claims, and expenses, including legal fees, arising from your use of the Website, App, Facebook page, Instagram page, or any violation of these terms and conditions.

By participating in Project 12 Workouts, you acknowledge that you have read, understood, and agreed to these terms and conditions.

End User Licence Agreement

Licence

  1. Under this End User Licence Agreement (the "Agreement"), Project 12 (the "Vendor") grants to the user (the "Licensee") a non-exclusive and non-transferable licence (the "Licence") to use Project 12 Website (the "Software").

  2. "Software" includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product.

  3. Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a licence for use only and is not in any way a transfer of ownership rights to the Software.

  4. The Software may be loaded onto no more than one computer. A single copy may be made for backup purposes only.

  5. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties.

  6. The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.

  7. Failure to comply with any of the terms under the Licence section will be considered a material breach of this Agreement.

    Licence Fee

  8. The original purchase price paid by the Licensee will constitute the entire licence fee and is the full consideration for this Agreement.

    Limitation of Liability

  9. The Software is provided by the Vendor and accepted by the Licensee "as is". Liability of the Vendor will be limited to a maximum of the original purchase price of the Software. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the

End User License Agreement (EULA) Page 2 of 4 use or failure to use the Software.

  1. The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.

  2. The Vendor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.

    Warrants and Representations

  3. The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor warrants and represents that granting the licence to use this Software is not in violation of any other agreement, copyright or applicable statute.

    Acceptance

  4. All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee ("Acceptance") on registration of the Software with the Vendor.

    User Support

  5. No user support or maintenance is provided as part of this Agreement.

    Term

  6. The term of this Agreement will begin on Acceptance and is perpetual.

    Termination

  7. This Agreement will be terminated and the Licence forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Software or return the Software to the Vendor.

    Force Majeure

  8. The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.

Governing Law

  1. The Parties to this Agreement submit to the jurisdiction of the courts of the State of Queensland for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of Queensland.

    Miscellaneous

  2. This Agreement can only be modified in writing signed by both the Vendor and the Licensee.

  3. This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.

  4. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.

  5. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.

  6. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.

  7. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor's successors and assigns.

    Notices

  8. All notices to the Vendor under this Agreement are to be provided at the following address: hello@Project-12.com

Liability Waiver for Online Workout Subscription Service

I, hereby acknowledge that I have voluntarily enrolled in an online workout subscription service provided by Project 12, which includes access to virtual fitness classes, training sessions, and related content (hereinafter referred to as "the Service").

In consideration of being permitted to participate in the Service, I hereby agree to the following:

  1. Assumption of Risk: I understand and acknowledge that participating in physical exercise programs involves inherent risks of injury, including but not limited to musculoskeletal injuries, sprains, strains, and other physical injuries. I voluntarily assume all risks associated with my participation in the Service.

  2. Fitness Level and Health: I certify that I am in good health and have no medical conditions or physical limitations that would prevent me from safely participating in the Service. I agree to disclose any relevant medical information to Project 12 prior to starting the Service.

  3. Release of Liability: I hereby release, waive, discharge, and covenant not to sue Project 12, its officers, employees, instructors, and affiliates from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by me while participating in the Service.

  4. Indemnification: I agree to indemnify and hold harmless Project 12 from any and all claims, liabilities, damages, expenses, or losses arising out of my participation in the Service, including but not limited to legal fees.

  5. Photography and Video: I grant Project 12 the right to take photographs, videos, or other media during my participation in the Service and to use such media for promotional or marketing purposes, without compensation to me.

  6. Jurisdiction: This waiver and release shall be governed by and construed in accordance with the laws of Queensland, Australia, and any legal action or proceeding arising out of or related to this waiver shall be brought exclusively in the courts located in Queensland, Australia.

by electronically agreeing to this waiver in the form of registration, I acknowledge that I have read, understood, and voluntarily agreed to all of the terms and conditions set forth herein.