Terms and Conditions

Important stuff to know

All of our consulting, coaching, workshops, 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. If you are purchasing services rendered with Pixicato Play, please choose wisely.

Terms and Conditions of Working with Penny Murden trading as Pixicato Play

Penny Murden trading as Pixicato Play is an Australian Sole Trader located at Southport QLD 4215, with ABN 73 494 799 868 and can be contacted via phone on +61416133738 or via email or through our contact form. These terms of use govern your use of this site, which is provided by this Business (Penny Murden trading as Pixicato Play). By accessing this site, you are indicating your acknowledgment and acceptance of these terms of use. These terms of use are subject to change by our business at any time in its discretion. Your use of this site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these terms of use regularly.

Product Delivery

Upon purchase of any digital product, you will receive an email with a link to a direct download for your product, or, for a purchase of coaching or services, you will receive an email with a link to book in for your session with Penny that includes all the information you need to get started.

If there are any hassles or troubles with downloads or deliveries, please don't hesitate to contact us immediately, or by emailing pixie@pixicatoplay.com and we will endeavour to get back to you as soon as possible.

Credit Card Security

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

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 Business 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.

Restrictions on use

This site is provided solely for non-commercial, personal use, and/or so that you may learn about our Business and the services we provide . You may not use this site for any other purpose, including any commercial purpose, without our Business'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 Business. 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 Business 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 our Business is the proprietary information of our Business or the party that provided the Content to our Business, and our Business or the party that provided the Content to our Business 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 our Business, 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 our Business.

Copyrights This site and its Content are protected by Australian and/or foreign copyright laws, and belong to the Business or its partners, affiliates, contributors or third parties. The copyrights for the Content are owned by the Business 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 the Business, 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.

Hyper-links

This site may be hyper-linked to other sites which are not maintained by, or related to, our Business. The inclusion of any hyper-link to a third-party site does not imply endorsement, sponsorship or recommendation by our Business of that site. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or our Business. Our Business has not reviewed any or all of such sites and is not responsible for the content of those sites. Our Business also makes no representations about the availability of hyper-linked sites. Hyper-links are to be accessed at the user’s own risk, and our Business makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. If you hyper-link to a site, please be aware that you will leave our Business'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 our Business site.

Submissions

You hereby grant to our Business the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to our Business through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Our Business will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Business operations. By making a Submission, you are guaranteeing to us that you have the legal right to post the content in the Submission and that it will not violate any law or the rights of any person or entity. Our Business will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.

Child safety

Protecting the online privacy of children is especially important to us, and those under the age of 13 are protected by federal law. For that reason, our Business does not knowingly permit children under the age of 13 to become registered members of our sites, or to buy goods and services on our sites, without verifiable parental consent. Our Business does not knowingly collect or solicit personal information about children under 13, except with their parent’s express consent. If we ever include children under the age of 13 as part of our intended site audience, those specific web pages will, in accordance with the provisions of the Children’s Online Privacy Protection Act (COPPA), be clearly identified and provide an explicit privacy notice; and we will provide processes to obtain parental approval, provide access to information and allow parents to request removal of their children’s personal information.

Downloading material

You understand that our Business cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Our Business does not assume any responsibility or risk for your use of the Internet.

Disclaimer

The business makes no express or implied warranties, representations or endorsements whatsoever with respect to the site, the service or the content. the business expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the site, the service, the content, and any product or service furnished or to be furnished via the site. the business does not warrant that the functions performed by the site or the service will be uninterrupted, timely, secure or error-free, or that defects in the site or the service will be corrected. the business does not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. the site, the service and the content are provided on an “as is” and “as available” basis.

Limitation on liability

Business, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if business has been advised of the possibility of such damages. in no event will the collective liability of business and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to business for the applicable content, product or service out of which liability.

Indemnity

You will indemnify and hold Business, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorised in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorised use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site. Information you provide You may not post, send, submit, publish, or transmit in connection with this site any material that:

you do not have the right to post, including proprietary material of any third party;
advocates illegal activity or discusses an intent to commit an illegal act;
is vulgar, obscene, pornographic, or indecent;
does not pertain directly to this site;
threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
violates any law or may be considered to violate any law;
impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
advertises any commercial endeavour (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorised on this site;
solicits funds, advertisers or sponsors;
includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
includes MP3 format files;
amounts to a ‘pyramid’ or similar scheme;
disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

Although under no obligation to do so, our Business reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither Business nor any third party that provides Content to Business will assume or have any liability for any action or inaction by Business or such third party with respect to any Submission.

Security

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Business will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Business considers insecure, Business will be entitled to require the password to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Business reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Business reserves the right to investigate suspected violations of these Terms of Use. Business reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Business to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. By accepting this agreement you waive and hold harmless business from any claims resulting from any action taken by business during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either the business or law enforcement authorities.

Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of (New South Wales) NSW, Australia, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in NSW connection with any dispute between you and Business 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. Business may revise these Terms of Use at any time by updating this posting.

Refunds

All of our products, workshops, 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.

If you are purchasing services rendered with Penny Murden, please choose wisely! We do not offer refunds for services rendered, however, contracts are always negotiable and if you wish to cease an agreement, you can simply give 30 days notice in writing.

If you purchase a digital product and you are unhappy with your purchase, upon our discretion we do welcome refunds, within the allocated refund period. However, due to the nature of intellectual property, we simply ask that you can provide evidence you have made an attempt to make our products work for you, and not simply downloaded the information and asked for a refund. Generally, you will have a 30-day refund period window within which we are happy to organise a refund.

If you have any questions about, or concerns regarding or refund policy, or you would like to contact us to arrange a refund or exchange or otherwise, please email us at pixie@pixicatoplay.com, or, contact us through our contact form.

Pilates Release & Waiver of Liability Agreement

Waiver

I understand that I undertake this exercise program and use all the facilities and equipment with/at Pixicato Play at my own risk. Prior to exercising I must disclose any health conditions and have obtained clearance from my general practitioner with regards to such conditions. My level of physical fitness and current medical condition will not prevent my participation in Pixicato Flow fitness classes, programs or workshops. I take it upon myself to discuss any changes to my current health with my instructor. I recognise that the instructor is not able to provide me with medical advice with regard to any medical fitness and that the information provided is used as a guideline to the limitations of my ability to exercise.

I am aware of the risks of participating in any form of exercise or fitness program and hereby assume all risks. The risks include those foreseen and unforeseen, known and unknown. This release is binding on my heirs, executors, assigns and administrators.

Pilates Cancellation Policy

To cancel a booking, you must notify Pixicato Play at least 12 hours prior to the commencement of the session with via the booking site or via email. Cancellations made with less than 12 hours notice will incur the full cost of the class booked or class payment.

Pilates Monthly Membership Terms and Conditions

Membership Agreement

When signing up to one of our memberships, you must agree to the membership agreement. This agreement authorises the direct debit and conditions outlined below.

Non-payment of Membership

As part of the membership agreement, Pixicato Play reserves the right to refuse entry to classes or cancel bookings if a client’s account is in arrears and until they bring their account up to date.

Notice to Cancel Membership

Your membership is set to automatically roll over each month, paying one month in advance. If you choose to terminate your membership you are able to use the cancel subscription link in your monthly email notice of direct debit or send a written (email) notification to pixie@pixicatoplay.com at least 3-business days before the membership is due to roll over. Your membership will remain valid for the remainder of that membership month.

Unused classes

Allowance of sessions on memberships do not roll over from month to month. It is the member’s responsibility to schedule their own classes using Pixicato Play's online booking system. Unused classes are not rolled over to the next period.

Events and Workshop Terms and Conditions

Waiver

You will be required to sign a waiver prior to participating in any workshops or events on the day so please ensure you are in good health and while we take all precautions recreational endeavours such as mountain biking, skateboarding and aerial arts are by nature, inherently dangerous. The waiver will be signed by the participant, being 18 years or older, or the legal guardian of participant under the age of 18, in consideration of services rendered by Pixicato Play and their suppliers. We recommend that you hold ambulance cover when participating in high risk workshops or events.

Use of your image

By making a booking you are agreeing to having photographs and video taken of you while participating in a Pixicato Play workshop or event. You agree to assign the rights to the use of the image to Pixicato Play for the purpose of promoting the business through Pixicato Play, it's associated suppliers and other marketing platforms in perpetuity. You acknowledge there will be no compensation for the use of your image or likeness. For further information please see our Terms of Use on content use.

Payment

Payment is required at the time of booking. No admittance will be granted where payment has not been received in full, unless a prior arrangement has been made in writing with Pixicato Play.

GST

Pixicato Play is registered for GST therefore GST is charged.

Privacy

Registration will require you to supply information for booking, insurance and payment purposes.

Please read our Privacy Policy here with regard to your personal data.

A link to our Privacy Policy can be found on every page in the footer of the website.

Privacy Act Note

Our workshops and events are promoted by a number of supporting organisations that may send you marketing material for our workshops and events on our behalf. If you do not wish to receive direct mailings from Pixicato Play please email us at pixie@pixicatoplay.com. We will then remove your details from any of our internal mailing lists but cannot guarantee that you won't receive information about our workshops and events from supporting organisations.

Contact by 3rd Party Notice

From time to time Pixicato Play makes our attendee lists available to partners and sponsors of specific workshops and events. If you do not wish to be contacted directly by 3rd party partners and/or sponsors, please email us at pixie@pixicatoplay.com. We will then remove your details from our 3rd party mailing lists.

Cancellations

Should you need to cancel a booking or in exceptional circumstances Pixicato Play cancels a workshop or event the information with regard to communication and charges are outlined below.

Should you need to cancel our preference is that you find someone to transfer your booking to.

We are a small business and we would prefer not to process refunds.

Refund Policy

7 days prior

Participants may cancel their booking up until 7 days prior to the workshop or event. Pixicato Play will refund the full amount less a 10% processing fee. Transfer to another participant is preferred.

3-6 days prior

Cancellations received less than 7 days before a workshop or event will incur a 30% administration and processing fee.

Transfer to another participant is preferred.

2 or less days prior

Cancellations received less than 48 hours prior to a workshop or event will not be eligible for a refund.

Transfer to another participant is available until 24 hours prior to the workshop or event.

Transfer of booking

All bookings are transferable to other participants. A $50 transfer fee will be incurred.

Transfers should be requested in writing by the registered person to pixie@pixicatoplay.com.

The booking will be assigned to the new person unless otherwise specified.

The new person will be required to complete a registration form with their details prior to the transfer being completed.

While every effort will be made we cannot guarantee accommodating special dietary requirements for late transfers.

Transfers cannot be made less than 24 hours prior to a workshop or event.

Cancellation of a workshop or event by Pixicato Play

Pixicato Play reserves the right to alter or cancel, without prior notice, any of the arrangements relating directly or indirectly to a workshop or event, for any circumstances beyond Pixicato Plays reasonable control. This includes the cancellation of a workshop or event itself.

In the exceptional circumstance that a workshop or event is cancelled Pixicato Play will rescheduled the workshop or event in the first instance.

Pixicato Play's maximum liability is limited to a full refund of the booking fee.

Pixicato Play accepts no additional liability for travel, accommodation or any other additional costs incurred.