terms and conditions.
WAIVER -
These terms and conditions govern the use of www.luxepilatesonline.com.au. This site is owned and operated by Bree Serafini at LUXE Pilates Fitness Online. This site is an online platform offering memberships compromising of pilates workouts, blog posts, online community and printable resources.
By using this site, you indicate that you have read and understand these Terms + Conditions and agree to abide by them at all times.
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MEMBERSHIPS
Please be aware Memberships are a weekly direct debit, payment will continue until membership is cancelled, if you are going on holidays we require written email to pause your membership for the period of time you are away.
If you cant make one of your classes for the week and cancel it within the 12 hour period your account will be credited so you can jump on an extra class the following week. no refunds will be made.
CLASS CREDITS LAST 30 DAYS
1. By purchasing this contract at the selected membership weekly rate (7 days), you agree to a MINIMUM 8- WEEK TERM membership. This minimum term does not include any suspension periods, intro periods or free periods.
2. Should you wish to terminate your club membership prior to the 8-week term, you will be charged a ‘break fee’ of your selected membership price.
This payment will not be in exchange for any classes.
3. Should you wish to terminate your club membership after the 8-week term, 14 days minimum written notice is required on an active membership (not on suspension).
4. Your ongoing membership will be charged weekly in advance of each week, in the sum of your weekly membership price.
5. Your membership can start from your date of purchase or you can nominate a date for it to start.
6. If you book into and attend more than your selected membership amount of classes, an automatic $33 (per class) discounted casual fee will be charged to your account.
7. If a payment declines due to card issues, security or funding problems, a dishonour fee of $10 is charged for the cost of resolving the issue. You must provide an alternative payment method within 7 days.
8. All memberships are non-refundable and non-transferable between clients.
No refunds will be provided. No extension will be permitted to the specific valid time frame unless for medical reasons. A medical certificate may be required.
9. Class bookings are essential and must be made through the Momence app.
10. If a class is fully booked you are able to be added to a waitlist and if any cancellations may occur, you will be notified up to an hour before the class starts.
If you add yourself to the waitlist, you are committing to attend that class should a spot open up. Please make sure you remove yourself from the waitlist if you no longer wish you attend.
11. Cancellations or rescheduling can only be made via the Momence app. Text msg, voicemails or phone calls will NOT be accepted. Please do not hesitate to ask for assistance if unsure on how to cancel or reschedule.
12. You have the option to suspend (pause) your membership for a maximum of 6 weeks per calendar year (starting from day 1 of your membership). You can suspend for a minimum of 7 days at a time.If you can not make a class 1 week and cancel before the prior 12 hour cut off your account will be issued a class credit to use within 30days.
13. Memberships must be currently active for our system to be able to action a suspension. Memberships will not be considered active without full payment up until the date of suspension request. A suspension must be requested via email a minimum of 3 days before the start of the suspension.
Please note that emails will not be answered over the weekend.
14. Owners and/or Instructors reserve the right to restrict or prohibit clients from particular class types for safety reasons.
15. Memberships may be subject to a price increase. This will be conveyed in writing at least 4 weeks prior to any changes.
16. I agree that LUXE Pilates & Fitness is in no way responsible for the safekeeping of my personal belongings while I attend class. I understand that classes may be physically strenuous and I voluntarily participate in them with full knowledge that there is a risk of personal injury, property loss or death.
Amendments
- All amendments to membership conditions & pricing will always be fully communicated via email from Luxe Pilates Studio. Please ensure best email contact details are kept up to date.
- By signing up to this membership you acknowledge that any infrequent amendments are deemed to be incorporated into this agreement.
Photography / Videography
- From time to time classes offered by Luxe Pilates Studio may be photographed or filmed during class for the purpose of promotion of services on social media or our website. Please make us aware of any grounds, religious or otherwise that would prevent you from being able to or wish to be included in such content creation so that we can ensure that it is respected.
Liability
I agree that neither I, my heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against Luxe Pilates and fitness or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise. Luxe Pilates & Fitness does not assume responsibility for any lost or stolen personal property.
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MEMBER AGREEMENT
I wish to become a Member and hereby accept the terms and conditions in this Agreement.
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PRIVACY POLICY
LUXE Pilates & Fitness understands that your privacy is important to you. We are committed to protecting the privacy of your personally identifiable information as you use this website. This Privacy Policy tells you how we protect and use the information that we gather from you. By using this website, you consent to the terms described in the most recent version of this Privacy Policy. You should also read our Terms of Use to understand the general rules about your use of this website, and any additional terms that may apply when you access particular services or materials on certain areas of this website. “We,” “our” means LUXE Pilates & Fitness and its affiliates. “You,” “your,” visitor,” or “user” means the individual accessing this site.
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PERSONAL AND NON PERSONAL INFORMATION
Our Privacy Policy identifies how we treat your personal and non-personal information.
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HOW IS PERSONAL AND NON PERSONAL INFORMATION COLLECTED AND USED?
Non-personal information is information that cannot identify you. If you visit this website to read information, such as information about one of our services, we may collect certain non-personal information about you from your computer’s web browser. Because non-personal information cannot identify you or be tied to you in any way, there are no restrictions on the ways that we can use or share non-personal information. What is personal information and how is it collected? Personal information is information that identifies you as an individual, such as your name, mailing address, e-mail address, telephone number, and fax number. We may collect personal information from you in a variety of ways:
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When you send an application or other form
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When you conduct a transaction with us, our affiliates, or others
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When we collect information about you in support of a transaction, such as credit card information
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In some places on this website, you have the opportunity to send us personal information about yourself, to elect to receive particular information, to purchase access to one of our products or services, or to participate in an activity.
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ARE COOKIES OR OTHER TECHNOLOGIES USED TO COLLECT PERSONAL INFORMATION?
Yes, we may use cookies and related technologies, such as web beacons, to collect information on our website. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you register with us, a cookie helps LUXE Pilates & Fitness to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same LUXE Pilates & Fitness website, the information you previously provided can be retrieved, so you can easily use the features that you customized. A web beacon is a small graphic image that allows the party that set the web beacon to monitor and collect certain information about the viewer of the web page, web-based document or e-mail message, such as the type of browser requesting the web beacon, the IP address of the computer that the web beacon is sent to and the time the web beacon was viewed. Web beacons can be very small and invisible to the user, but, in general, any electronic image viewed as part of a web page or e-mail, including HTML-based content, can act as a web beacon. We may use web beacons to count visitors to the web pages on the website or to monitor how our users navigate the website, and we may include web beacons in e-mail messages in order to count how many messages sent were actually opened, acted upon or forwarded.
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Third-party vendors also may use cookies on our website. For instance, we may contract with third parties who will use cookies on our website to track and analyze anonymous usage and volume statistical information from our visitors and members. Such information is shared externally only on an anonymous, aggregated basis. These third parties use persistent cookies to help us to improve the visitor experience, manage our site content, and to track visitor behaviour. We may also contract with a third party to send email to our registered users.
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To help measure and improve the effectiveness of our email communications, the third-party sets cookies. All data collected by this third party on behalf of LUXE Pilates & Fitness is used solely by or on behalf of LUXE Pilates & Fitness and is shared externally only on an anonymous, aggregated basis. From time to time we may allow third parties to post advertisements on our website, and those third-party advertisements may include a cookie or web beacon served by the third party. This Privacy Policy does not cover the use of information collected from you by third-party ad servers. We do not control cookies in such third-party ads, and you should check the privacy policies of those advertisers and/or ad services to learn about their use of cookies and other technology before linking to an ad. We will not share your personal information with these companies, but these companies may use information about your visits to this and other websites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you, and they may share your personal information that you provide to them with others.
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You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the LUXE Pilates & Fitness websites you visit.
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HOW DOES LUXE PILATES & FITNESS USE PERSONAL INFORMATION?
LUXE Pilates & Fitness may keep and use personal information we collect from or about you to provide you with access to this website or other products or services, to respond to your requests, to bill you for products/services you purchased, and to provide ongoing service and support, to contact you with information that might be of interest to you, including information about products and services of ours and of others, or ask for your opinion about our products or the products of others, for record-keeping and analytical purposes and to research, develop and improve programs, products, services and content.
Personal information collected online may be combined with information you provide to us through other sources. We may also remove your personal identifiers (your name, email address, social security number, etc). In this case, you would no longer be identified as a single unique individual. Once we have de-identified information, it is non-personal information and we may treat it like other non-personal information. Finally, we may use your personal information to protect our rights or property, or to protect someone’s health, safety or welfare, and to comply with a law or regulation, court order or other legal processes.
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DOES LUXE PILATES & FITNESS SHARE PERSONAL INFORMATION WITH OTHERS?
We will not share your personal information collected from this website with an unrelated third party without your permission, except as otherwise provided in this Privacy Policy. In the ordinary course of business, we may share some personal information with companies that we hire to perform services or functions on our behalf. In all cases in which we share your personal information with a third party for the purpose of providing a service to us, we will not authorize them to keep, disclose or use your information with others except for the purpose of providing the services we asked them to provide.
We will not sell, exchange or publish your personal information, except in conjunction with a corporate sale, merger, dissolution, or acquisition. For some sorts of transactions, in addition to our direct collection of information, our third-party service vendors (such as credit card companies, clearinghouses and banks) who may provide such services as credit, insurance, and escrow services may collect personal information directly from you to assist you with your transaction. We do not control how these third parties use such information, but we do ask them to disclose how they use your personal information before they collect it.
If you submit a review for a third party (person or business) using our Facebook Fan Review Application, during the submission process we ask your permission to gather your basic information (such as name and email address) which we then share with the third party for whom you are submitting the review. We may be legally compelled to release your personal information in response to a court order, subpoena, search warrant, law or regulation.
We may cooperate with law enforcement authorities in investigating and prosecuting website visitors who violate our rules or engage in behaviour, which is harmful to other visitors (or illegal). We may disclose your personal information to third parties if we feel that the disclosure is necessary to protect our rights or property, protect someone’s health, safety or welfare, or to comply with a law or regulation, court order or other legal processes. As discussed in the section on cookies and other technologies, from time to time we may allow a third party to serve advertisements on this website.
If you share information with the advertiser, including by clicking on their ads, this Privacy Policy does not control the advertisers use of your personal information, and you should check the privacy policies of those advertisers and/or ad services to learn about their use of cookies and other technology before linking to an ad.
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HOW IS PERSONAL INFORMATION USED FOR COMMUNICATIONS?
We may contact you periodically by email, mail or telephone to provide information regarding programs, products, services and content that may be of interest to you. In addition, some of the features on this website allow you to communicate with us using an online form. If your communication requests a response from us, we may send you a response via email. The e-mail response or confirmation may include your personal information. We cannot guarantee that our emails to you will be secure from unauthorized interception.
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HOW IS PERSONAL INFORMATION SECURED?
We have implemented generally accepted standards of technology and operational security in order to protect personally-identifiable information from loss, misuse, alteration, or destruction. Only authorized personnel and third party vendors have access to your personal information, and these employees and vendors are required to treat this information as confidential. Despite these precautions, we cannot guarantee that unauthorized persons will not obtain access to your personal information.
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LINKS
This site contains links to other sites that provide information that we consider to be interesting. Salt Pilates & Fitness is not responsible for the privacy practices or the content of such websites.
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PUBLIC DISCUSSIONS
This site may provide public discussions on various business valuation topics. Please note that any information you post in these discussions will become public, so please do not post sensitive information in the public discussions. Whenever you publicly disclose information online, that information could be collected and used by others. We are not responsible for any action or policies of any third parties who collect information that users disclose in any such forums on the website. Salt Pilates & Fitness does not agree or disagree with anything posted on the discussion board. Also, remember that you must comply with our other published policies regarding postings on our public forums.
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HOW CAN A USER ACCESS, CHANGE, AND/OR DELETE PERSONAL INFORMATION?
You may access, correct, update, and/or delete any personally-identifiable information that you submit to the website. You may also unsubscribe from mailing lists or any registrations on the website. To do so, please either follow instructions on the page of the website on which you have provided such information or subscribed or registered or contact us at bree@luxepilatesonline.com.au
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CHILDREN’S PRIVACY
LUXE Pilates & Fitness will not intentionally collect any personal information (such as a child’s name or email address) from children under the age of 13. If you think that we have collected personal information from a child under the age of 13, please contact us.
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CHANGES
LUXE Pilates & Fitness reserves the right to modify this statement at any time. Any changes to this Privacy Policy will be listed in this section. You have any questions about privacy at any websites operated by LUXE Pilates & Fitness or about our website practices, please contact us at bree@luxepilatesonline.com.au
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INTELLECTUAL PROPERTY
All content published and made available on our site is the property of LUXE Pilates and Fitness Online and the site’s creators. This includes, but is not limited to images, photographs, text, logos, documents, downloadable files and anything that contributes to the competition of out site.
ACCEPTABLE USE
As a user of our site, you agree to use our site legally, not to use out site for illegal purposes, and not to:
Harass or mistral other users of our site;
Violate the rights of other users of our site;
Violate the intellectual property rights of the site owners or any third party to the site;
Hack into the account of another user of the site;
Act in any way that could be considered fraudulent; or
Post any material that may be deemed inappropriate or offensive.
If we believe you are using our site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our site. We also reserve the right to take any legal steps necessary to prevent you from accessing our site.
USER CONTRIBUTIONS
Users may posy the following on our site:
Public comments
Display profile information
By posting publicly on our site, you agree not to act illegally or violate these Terms and Conditions
ACCOUNTS
When you create an account on our site, you agree to the following:
1. You are solely responsible for your account and the security and privacy of your account, including passwords and/or sensitive information attached to that account; and
2. All personal information you provide to use through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our site illegally or if you violate these terms and conditions.
SALE OF SERVICES
These terms and conditions govern the sale of services available on our site.
The following services are available on our site:
Membership tiers including weekly, 3 x monthly and 6 x monthly for online pilates classes by a qualified instructor staff. We reserve the right to add or remove tiers at our discretion.
Online downloadable and printable resources
The services will be paid for in full when the service begins at each interval as chosen when subscription was purchased i.e weekly payments or monthly for the 3 x months and 6 x months subscription periods.
These terms and conditions apply to all the services that are displayed on our site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from out site at your own risk.
We reserve the right to modify, reject or cancel your subscription whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid minus the period that the subscription was used. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
USER GOODS AND SERVICES
Our Site allows users to sell goods and services. We do not assume any responsibility for the goods and services users sell on our Site. We cannot guarantee the quality or accuracy of any goods and services sold by users on our Site. However, if we are made aware that a user is violating these Terms and Conditions, we reserve the right to suspend or prohibit the user from selling goods and services on our Site.
SUBSCRIPTIONS
Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription.
To cancel your subscription, please follow these steps: Failure to make payment as outlined in the terms of subscription i.e. weekly or monthly payments are the determined timeframe i.e 3 months or 6 months will results in cancellation of subscription. You may choose to cancel your subscription at any time via your login at www.luxepilatesonline.com.au.
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PAYMENTS
We accept the following payment methods on our Site:
Paypal; and
Stripe
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
REFUNDS
Refunds for Services
We provide refunds for services sold on our Site as follows:
No refunds will be supplied at any time.
CONSUMER PROTECTION LAW
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
LIMITATION OF LIABILITY
LUXE Pilates and Fitness Online and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
INDEMNITY
Except where prohibited by law, by using this Site you indemnify and hold harmless LUXE Pilates and Fitness Online and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
APPLICABLE LAW
These Terms and Conditions are governed by the laws of the State of Western Australia.
ADDITIONAL TERMS
Before commencing the online Pilates workout sessions please speak with your doctor and be assured that you are physically able to complete the workouts as outlined. LUXE Pilates takes no responsibility or liability for any injury caused because of the workouts supplied within the online course videos. If you are unsure about your abilities, have health concerns, pregnant, breastfeeding or having any pain within your body please seek medical advice before commencing membership. We care deeply about our clients and wish no hard to each and every one.
SEVERABILITY
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
CHANGES
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
CONTACT DETAILS
Please contact us if you have any questions or concerns. Our contact details are as follows:
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BREE SERAFINI
LUXE Pilates Online
Manjimup, Western Australia, Australia
You can also contact us through the contact form on our site or direct message through the Spaces by WIX app you gained access to via your membership.