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
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 firstname.lastname@example.org 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
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.
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.
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.
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.
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.
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 email@example.com, or, contact us through our contact form.
Pilates Release & Waiver of Liability Agreement
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
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 firstname.lastname@example.org 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.
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
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
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.
Pixicato Play is registered for GST therefore GST is charged.
Registration will require you to supply information for booking, insurance and payment purposes.
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 email@example.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 firstname.lastname@example.org. We will then remove your details from our 3rd party mailing lists.
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.
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 email@example.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.