TERMS AND CONDITIONS


CUSTOMER TERMS AND CONDITIONS

Last Updated: April 2025.

  • Introduction
    1. The Unite Health website and incorporated online store, located at www.unitehealth.com.au (Website), is owned, controlled and operated by Unite Health Management Pty Ltd (86 166 079 312) (Unite Health, we, our, and/or us).
    2. As a condition of using the Website including purchasing any of our products on the Website, you agree to the following terms and conditions (Terms) and to be legally bound by these Terms.
    3. If you do not agree with the Terms, you should stop using the Website and you should not purchase or use our goods and services. 
    4. We have the right to vary the Terms at any time and without notice to you. You agree that it is your responsibility to be aware of any changes made to the Terms, and by continuing to use the Website you agree to be governed by the Terms as varied from time to time.

 

  • What We Do
    1. Unite Health provide online and face-to-face Pilates, fitness and wellbeing related training courses and related products (the Business). 
    2. A detailed list of Unite Health’s products can be found on the Website, and include professional development products, Certification Products and other fitness and wellbeing related goods and services (each a Product).
    3. Certain terms and conditions throughout this document may only apply to our certification products, such as APPI Clinical Pilates Certification for Physiotherapists and Allied Health Professionals (Certification Products).
    4. You may find out more about the Products we offer on the Website.

 

  • User Accounts 
    1. We may assign you (or you may be required to nominate) a username and/or password and account information in order for you to access and use certain areas of the Website and Products (User Account). Each time you use your User Account, you will be deemed to be authorised to access and use the Website in accordance with the Terms. 
    2. It is your sole responsibility to protect the security and confidentiality of your User Account and for all activities on the Website using the User Account, including without limitation all communications, transmissions and obligations (including, without limitation, financial obligations) incurred on the Website through such access or use of your User Account. 
    3. You must immediately notify us of any unauthorised use of your User Account or any other actual or threatened breach of the Website’s security that you may be aware of. 
    4. We may revoke or suspend your use of your user account if you breach these Terms, or for operational purposes relating to Business.

 

  • Product Information, Pricing And Ordering 
    1. Relevant information applicable to each Product is available on our Website. If you unsure of any Product information have any queries in relation to the information available on our Website please contact us.
    2. All Products are inclusive of scheduled contact hours, course manuals or materials, and a certificate of attendance, but do not include additional education materials such as reading articles and DVDs.
    3. You may place orders for Products via our Website (each an Order).
    4. Product prices are specified on the Website. We reserve the right to change Product prices at our discretion and without notice.
    5. Unless otherwise stated, all prices are in Australian Dollars.  GST (as that term is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)) is added to the order total where legally required and you are purchasing within Australia.
    6. By placing an order via the Website, you are offering to purchase a Product on and subject to these Terms. 
    7. We will send you a confirmation email once we have processed your Order. If any of the information in the confirmation email is incorrect please contact us immediately.
    8. While we try our best to fulfil all Orders and subject to us adhering to our obligations under these Terms, you agree that we have the right to accept, reject or cancel an Order for any reason at any time, and all Orders are subject to availability of the relevant Product on your requested dates (which can be subject to change from time to time, for reasons such as teacher availability and lack of enrolments). If we cancel an Order which has been paid for but not yet delivered, we will provide a full refund of all monies paid to us in relation to the cancelled Order.
    9. We may offer sales and discount codes (each a Promotion) from time to time, and you agree that:
      1. Promotions apply to full priced Products only;
      2. Some promotions may apply to specific Products only;
      3. Only one discount code can be used in connection with an Order;
      4. Discount codes cannot be used in conjunction with any other offer;
      5. Discount codes are not transferable; 
      6. Discount codes must be used by the date specified (where applicable); 
      7. Promotions cannot apply retrospectively to previous Orders; and
      8. We may change or cancel any Promotion at any time (unless contrary to law). 

 

  • Payments
    1. We may offer different payment schedule options depending on the type of Product you have purchased, in our discretion. The payment structures applicable to your purchased Product are specified on the Product information page on the Website, or will be visible upon checkout via the Website.
    2. You agree to make all payments in respect of the Product on or before the agreed due dates as specified in your Order confirmation.
    3. We reserve the right to:
      1. suspend our delivery of our services to you if your account is outstanding by more than 7 days; and
      2. charge Interest on any and all overdue payments and may refer any debts to a debt collector or solicitor (where you agree to pay us for all costs incurred by us in doing so).
    4. You must complete all payments due to us in respect of any Certification Products in order to receive a certification examination date or be eligible to undertake certification examinations related to your Products. 

 

  • Course Delivery and Participation Requirements 
    1. The method of delivery for your particular Product is specified on the Website or your Order confirmation. We may offer face-to-face, online and hybrid delivery methods (restrictions may apply to specific Products – see our Website for further information or contact us).
    2. If you are enrolled in a Certification Product you must complete the relevant coursework:
      1. within two years from the date of your Order if your Certification Product is a clinical course; or
      2. within 12 months if your Certification Product is a Pilates instructor course; and

If you don’t you will be required to purchase the Product again.

    1. For Certification Products, you must attend 100% of classes to be eligible to sit certification examinations. You must notify us as soon as possible of your inability to attend a class, where:
      1. For clinical Certification Products (which can be completed out of sequence), we will either:
        1. provide you with a recording of the class where you commit to making up that class within 30 days of the missed class date; or
        2. transfer your class to the next available class date if you cannot make up that that class within 30 days,. If you do not wish to wait until the next available class date, you must notify us so that we can arrange a 1:1 mentor session for you with a course presenter at a rate of $150.00 per hour (payable in advance and in full).
      2. For non-clinical Certification Products (which must be completed in sequence), we will provide you with a recording of the class so that you always remain up to date.
    2. You agree to pay the Transfer Fee for class transfers under 6(c)(i)(B).

 

  • Course Transfers
    1. You may transfer course dates for a Product to other course dates (subject to availability) by written notice to us at least 30 days prior to the first course date for the Product, subject to the following:
      1. You pay us the applicable Administration Fee (as defined at clause 18 below);
      2. You are only allowed to request a course transfer once in relation to the Product; and
      3. The new course dates must be within 12 months of the original course dates.

 

  • Examinations (Cancellations, Transfers and Time Frames)
    1. You may transfer an examination date:
      1. by written notice to us at least 14 days prior to the examination date without incurring any cost; and
      2.  by written notice to us within 14 days of the scheduled examination date provided you pay the Cancellation Fee (as defined at clause 18 below).
    2. You must sit any examinations for Certification Products within 12 months of completing the final module for that Certification Product. After this time, your payment for the examination will expire, and you will be required to repurchase it and the relevant rates set by us at that time.
    3. You agree to pay the Resit Fee to resit or resubmit an examination if you do not achieve a minimum pass mark for that examination.

 

  • Intellectual Property
    1. Unite Health is a trade mark of Unite Health Pty Ltd. Other product and company names displayed on the Website may also be trade marks of their respective owners.
    2. We own or have a licence to use, all images, videos, literary works, designs, source code and data, and any other copyright matter contained in the Website and our Products (Content). 
    3. While you may browse or print the Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of the Content for any other purpose. 
    4. Any use of Content that contravenes these Terms or otherwise infringes our Intellectual Property rights or the Intellectual Property rights of our third party affiliates will be taken seriously and dealt with to the fullest extent of applicable laws.

 

  • Australian Consumer Law
    1. Our goods and services come with ‘consumer guarantees’ (Consumer Guarantees) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) which cannot be excluded by these Terms.  
    2. Nothing in these Terms shall override your rights as a consumer under the Australian Consumer Law, your Consumer Guarantees or any other non-excludable rights you may have at law.

 

  • Refund Policy For Change Of Mind

Subject to your rights under clause 9 above, we do not offer refunds due to ‘change of mind’ and you will still be liable to make all payments due to us in relation to Products by the agreed due dates.

 

  • Problems With Our Products
    1. If you believe a Product you have purchased has a problem or is not what you ordered, please notify us by email at info@unitehealth.com.au (this is referred to as a Fault Notice) with the following information:
      1. Customer name; 
      2. Date of purchase; 
      3. Order number;
      4. Problematic Product(s); 
      5. Description of problem; 
      6. The outcome you request.
    2. So that we can best deal with the relevant issues, we kindly request that you email all Fault Notices to us within 7 days of the problem with the Product occurring. 
    3. Upon receiving a Fault Notice, we will promptly assess and discuss the Fault Notice with you, and where we agree there is an issue with the Product, you will be entitled to receive a remedy in accordance with the Australian Consumer Law.
    4. Please refer to the Australian Consumer Law for your rights as a consumer in relation to the purchase of our Products.

 

  • Limitation Of Liability 
    1. To the extent permitted by section 64A of the Australian Consumer Law, our liability to you for any Loss or Claim suffered by you under these Terms including in respect of our failure to comply with any Consumer Guarantees, is limited to (at our election):

For goods, to any one of the following:

    1. The replacement of the goods or the supply of equivalent goods;
    2. The repair of the goods;
    3. The payment of the cost of replacing the goods or of acquiring equivalent goods; or
    4. The payment for having the goods repaired. 

For services, to any one of the following:

    1. Supplying the services again; or 
    2. Paying the cost of having the services supplied again.
    1. Subject to clause 10 of these Terms, without overriding any Consumer Guarantees, and only to the extent permitted by law, you agree:
      1. Your use of, and reliance on, this Website (including all Content) and participation in our Products is entirely at your own risk, and we exclude our liability to you (including because of our negligence) for all types of Loss resulting from: 
        1. your use of or reliance on this Website (including all Content);
        2. your participation in our Products; 
        3. any periods of downtime, suspension or revocation of access to the Website (or any part of it); 
        4. delays to, interruptions of or cessation of the Website (or any part of it);   
        5. errors or omissions in the Website (or any part of it) or Products; 
        6. any material or information supplied on or removed from the Website including the Content; 
        7. your use of the Website (or any part of it), including use in breach of the Terms;
      2. We do not make any representations, warranties or guarantees in relation to the supply of goods or services by us; and
      3. We hereby disclaim all liability in connection with any Loss arising out of or in connection with any use of, or reliance on, the Website or participation in our Products.
      4. If we are found to be liable to you under these Terms or otherwise, to the extent permitted by law, then our maximum aggregate liability will not exceed the total fees you have paid to us in relation to our services.

 

  • Personal Information
    1. We are committed to the transparent management of your personal information. 
    2. So that we can fulfil your Orders and provide the Products, we will need to collect certain personal information from you. 
    3. We agree to take all reasonable steps to protect your personal information submitted to us via the Website in accordance with our Privacy Policy.

 

  • Third Party Links 

The Website may include links to third party websites, over which we have no control. Such links do not indicate, expressly or impliedly, any endorsement by us of the third party website or the Products and services provided on that third party website. You agree that we are not responsible for the availability of, and content provided on, third party websites. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on third party sites, or that third party sites will be virus free.

 

  • Indemnity 
    1. You indemnify us (and our representatives) from and against all Claims and Loss, which may be bought against or suffered or incurred by us (or our representatives) arising out of or in connection with a material breach of these Terms by you (or your representatives) or an unlawful or negligent act or omission carried out by you (or your representatives) in relation to these Terms.  
    2. We have an obligation to mitigate any Claim or Loss which may be made or brought against or suffered or incurred by us.
    3. Your obligation to indemnify us under this clause will be reduced proportionally to the extent that we caused or contributed to the Loss or Claim.  

 

  • Governing Law
    1. The Terms are governed by and are to be construed in accordance with the laws of the State of Victoria, Australia and you agree that the courts of the State of Victoria, Australia will exclusively adjudicate over any dispute in relation to these Terms.  
    2. If any term of these Terms conflicts with the provision of any legislation of the Commonwealth of Australia or any State, that legislation will prevail. 
    3. This Website may be accessed from outside Australia.  We make no representation that the Content available through this Website complies with the laws (including intellectual property laws) of any country outside Australia.  If you access this Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

 

  • Definitions
  • Administration Fee means a fee of $75.00, which is a genuine pre-estimate of Loss suffered by us in relation to facilitating the course transfer and covers Loss relating to amongst other factors the administration of the transfer, rescheduling of staff and loss of income.
  • APPI means the Australian Physiotherapy and Pilates Institute.
    1. Cancellation Fee means a fee of $150.00, which is a genuine pre-estimate of Loss suffered by us in relation to the cancellation and covers Loss relating to amongst other factors the rescheduling of staff, cancelling suppliers (such as teaching staff), loss of income and bringing forward other examinations.
    2. Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature, whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.
    3. Consequential Loss means special, incidental, indirect or consequential damages, loss of revenue, anticipated savings, profits, goodwill, reputation, interest or business.
    4. Intellectual Property means all rights in relation to trade marks, copyright, patentable inventions and designs, whether existing now or in the future, and whether or not registered or registrable, and includes any rights subsisting in or relating to trade secrets, know how, techniques and confidential information.
    5. Interest means interest at the rate of 2% above the rate set down from time to time under section 2 of the Penalty Interest Rates Act 1983 (Vic), such interest which is capitalised monthly.
    6. Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs, and includes Consequential Loss.
    7. Resit Fee means a fee of $150.00, which is a genuine pre-estimate of Loss suffered by us in relation to facilitating the resit examination and covers Loss relating to amongst other factors the administration of the resit examination and staff resourcing.
  • Transfer Fee means a fee of $75.00, which is a genuine pre-estimate of Loss suffered by us in relation to facilitating the class transfer and covers Loss relating to amongst other factors the administration of the class transfer and staff resourcing