This website is owned and operated by Pixicato Play. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors access to our play events along with related content. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

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In order to use our website and/or receive our services, you must be at least 13 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

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Commercial Terms

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

“The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.

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Intellectual Property Ownership

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Pixicato Play. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

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Right to Suspend or Cancel User Account

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

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Indemnification

You agree to indemnify and hold [website owner] harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

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Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Pixicato Play, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service. 

To the maximum extent permitted by applicable law, [website owner] assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein.

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Right to Change and Modify Terms

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

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Promotional Emails and Content

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. 

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Preference of Law and Dispute Resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Australia / Queensland, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Brisbane. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

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By accessing or using the site you are agreeing to abide by these terms.

Like many websites, this website has terms of use.  If you want to access or use our site, you must agree to abide by ours.  In other words, you are automatically entering into a legally binding contract by using or accessing the site.  The terms of that contract are these Terms.  You should also check these Terms periodically since they might change without notice. 

 

The websites at pixicatoplay.com, and related websites, subject to these Terms of Use (“Terms”).  The Terms govern your access to and use of this site and its services and/or products.  By accessing or using this site, or creating an account on it, you agree to these Terms.  If you do not agree to these Terms, you may not use or access the site.  Pixicato Play reserves the right, at any time, to modify or update these Terms without notice, and you agree to be bound by such modifications or update.  Although Pixicato Play may notify you of certain changes by email or otherwise, changes may also be made without notice. You agree to periodically review these Terms for changes.

 

Access to this site

You agree to use this site only for the lawful purposes described in more detail in the “Restrictions on Use” section below. You agree not to take any action that might compromise the security of the site, render the site inaccessible to others or otherwise cause damage to the site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties. To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If our Company believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.

 

Eligibility

By accessing or using the site, you represent and warrant that (a) all registration and other information you submit, if any, is truthful and accurate; (b) you will maintain the accuracy of any information you provide; (c) you will not submit any personal information if you are under 13 years of age without your parent’s or legal guardian’s permission; and (d) your access or use of the site does not violate any applicable law or regulation.  Pixicato Play reserves the right, in its sole discretion, to terminate or suspend your access to, and/or use of, the site or any portion thereof, at any time, with or without notice and for any reason. 

 

Acceptance, Applicability, and Other Agreements

These Terms apply to, and govern your access or use of, the site and you accept them by accessing or using the site, or creating an account. Each time you access or use the site or create an account, you are confirming your acceptance of these Terms, as they exist on that date. If you have entered into any other agreement with Pixicato Play, the terms and conditions of those agreements will supersede and prevail over these Terms in the event of any inconsistency.  By accepting these Terms, you are also agreeing to our Privacy Policy.

 

Credit Card Security

All transactions are processed via a third party PCI Compliant provider, and your details are completely safe and confidential.

 

Restrictions on use

This site is provided solely for non-commercial, personal use, and/or so that you may learn about our Company and the services we provide . You may not use this site for any other purpose, including any commercial purpose, without our Company’s express prior written consent. For example, you may not (and may not authorise any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorised representative of our Company. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or Content accessible within this site. You agree to cooperate with our Company in causing any unauthorised co-branding, framing or hyper-linking immediately to cease.

 

Proprietary information

Trademarks

The material and Content accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by Pixicato Play is the proprietary information of Pixicato Play or the party that provided the Content to Pixicato Play, and Pixicato Play or the party that provided the Content to Pixicato Play retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Pixicato Play, or unless authorised in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. You are prohibited from using any of the marks or logos appearing throughout the site without the express written permission of Pixicato Play.

 

Copyrights

This site and its Content are protected by Australian and/or foreign copyright laws, and belong to Pixicato Play or its partners, affiliates, contributors or third parties. The copyrights for the Content are owned by Pixicato Play or other copyright owners who have authorised their use on this site. You may download and reprint Content for non-commercial, non-public, personal use only (If you are browsing this site as an employee or member of any business or organisation, you may download and reprint Content only for educational or other non-commercial purposes within your business or organisation, except as otherwise permitted by Pixicato Play, for example in certain password-restricted areas of the site). You may not manipulate or alter in any way images or other Content on the site.

You acknowledge that the content included on this site, including but not limited to, text, graphics, logos, button icons, images, audio clips, video clips, software, and the selection and arrangements thereof, is and will remain the sole and exclusive property of Pixicato Play or its licensors and is protected by Australian and international copyright laws. Absent the express written consent of Pixicato Play, the content on this site may be used by you only for personal, non-commercial use.  Any other use, including the reproduction, modification, distribution, republication or display of any of the content on this site is strictly prohibited and an infringement of copyright or proprietary rights in the information, and of these Terms.  Reference on the site to any products, services, processes, or other information by retailer, manufacturer, supplier, or otherwise does not necessarily constitute or imply the endorsement, sponsorship, or recommendation by Pixicato Play.

 

Privacy

Pixicato Play respects the privacy of your personal information, please read our Privacy Policy.  By accessing or using this site, you are also agreeing to allow us to use your information as set forth in that policy.

 

Registration and Your Account 

Certain areas of the site may require registration.  You are responsible for maintaining the confidentiality of your account and password and for restricting access to your device.  The site may sell products or services that can be purchased by using a credit card.  If you are under the age of 18 and using a credit card to purchase a product or service, you may do so only with the consent of your parent or guardian.  Pixicato Play may, at any time, terminate your account, refuse your registration, and remove or edit your content in its sole discretion. 

 

Content Sharing

The site may, now or in the future, provide you with the opportunity to post photos, videos, audio, text, data, content, or information that will then be shared with others through the site, or otherwise by Pixicato Play.  By submitting content or information of any type, you automatically grant Pixicato Play a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such photos, content, or information.  Pixicato Play may sublicense all or part of its rights under this license or assign them to third parties.  You also acknowledge that such submissions are non-confidential for all purposes.  

Posts you make to the site may be public.  You will not post or transmit any of the following materials: (1) anything that interferes with or disrupts the site or the operation of the site or any product or service made available by Pixicato Play; (2) statements or material that defames, harasses, abuses, stalks, threatens, or in any way infringes on the rights of others; (3) unauthorised copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of another; (4) statements or material that violates other contractual or fiduciary rights, duties, or agreements; (5) statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction; (6) statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person; (7) statements or material that impersonates any other person or entity, whether actual or fictitious, including employees and representatives of Pixicato Play, or its subsidiaries; (8) anything that violates the privacy or publicity rights of any other person; (9) statements or material that constitute junk mail, spam, or unauthorised advertising or promotional materials; or (10) files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or this site. 

By posting material, you represent and warrant that: (1) you own the content posted by you on or through the site or otherwise have the right to grant the license set forth in this section, and (2) the posting of your content on or through the site does not defame anyone or violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. 

Pixicato Play may delete any content for any reason, including content that, in Pixicato Play’s sole judgment, is offensive, illegal, or violates the rights or threatens the safety of any person.  Pixicato Play does not monitor the site for inappropriate content.  If Pixicato Play becomes aware of any such content, however, Pixicato Play may (but is not required to) remove it.  You are solely responsible for the content that you post on or through the site. 

 

Links

This site may linked to other sites that are not maintained by, or related to, Pixicato Play. The inclusion of any link to a third-party site does not imply endorsement, sponsorship or recommendation by Pixicato Play of that site. Links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Pixicato Play. Pixicato Play has not reviewed any or all of such sites and is not responsible for the content of those sites. Pixicato Play also makes no representations about the availability of linked sites. Links are to be accessed at the user’s own risk, and Pixicato Play makes no representations or warranties about the content, completeness or accuracy of these links or the sites linked to this site. If you link to a site, please be aware that you will leave Pixicato Play’s web site and will become subject to the rules and conditions of the linked site(s). We recommend that you make yourself aware of the Terms of Use of any sites you link to from Pixicato Play’s site.

 

Disclaimer

The information, content, services, products and materials contained in or provided or available through this site are provided on an “as is” basis with no warranty.  To the maximum extent permitted by law, Pixicato Play disclaims all representations and warranties, express or implied, with respect to such information, content, services, products, and materials, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from error, interruption, computer virus, or other harmful components and implied warranties arising from course of dealing or course of performance. In addition, Pixicato Play does not represent or warrant that the information accessible via this site is accurate, complete, or current.  Pixicato play has the right to make changes and updates to any information available through the site without prior notice.

 

Limitation of Liability

In no event will Pixicato Play be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any damages whatsoever, even if Pixicato Play has been previously advised of the possibility of such damages (whether in an action under contract, negligence, tort, or any other theory) arising out of or in connection with the use, inability to use, or performance of the information, services, content, products, and materials available from this site or the internet generally.

Because some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations may not apply to you.  In such jurisdictions, Pixicato Play’s liability is limited to the greatest extent permitted by law.

 

Indemnity

You agree to indemnify and hold Pixicato Play and its officers and employees harmless from each claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your access or use of the site, your violation of these Terms, your access or use of the site or your infringement of any intellectual property or other right of any person or entity.  

 

Notice for Claims of Copyright Infringement

If you are a copyright owner or agent thereof and believe that content posted on the site by a Pixicato Play user infringes upon your copyright, please submit notice to Pixicato Play with the following information: (a) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL of the location on our site containing the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.  Pixicato Play can be reached by email at hello@pixicato.com.au

 

Dispute Resolution

If you believe that Pixicato Play has violated these Terms, its privacy policy or your rights, you agree to notify Pixicato Play in writing and provide us with no less than thirty (30) days to resolve any dispute before bringing formal legal action.  If you feel your intellectual property, privacy, or safety is at risk, the foregoing will not serve to prevent you from seeking immediate injunctive or other relief from a court of competent jurisdiction.  For all other disputes, and all claims for damages, you agree to provide a reasonable cure period of no less than thirty (30) days before bringing formal legal action.  The foregoing is intended to be applicable only in jurisdictions where it is not forbidden by law.  You agree that any cause of action that you may desire to bring arising out of or related to these Terms and/or the site must commence within one (1) year after the cause of action arises; otherwise, such cause of action will be permanently barred.  In any formal legal action interpreting these Terms, or alleging a breach of them, the prevailing party will be entitled to recover its reasonable attorneys’ fees in addition to any other damages or relief awarded by a court of competent jurisdiction.

 

Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of (Queensland) QLD, Australia, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in QLD connection with any dispute between you and Company arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and/or federal courts in Sydney, NSW. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Company may revise these Terms of Use at any time by updating this posting.

 

Refunds 

All of our coaching, products, events and services are tailored, designed and delivered with love and attention, and we are devoted to ensuring the highest quality and a wonderful experience. Please read our cancellations policy for further information.

If you are purchasing services rendered with Pixicato Play, please choose wisely. Events will be rescheduled, no refunded unless there is an exceptional circumstance that causes cancellation of an event.