Terms and Conditions

Two Week Trial : Validity

The two week trial is an introductory offer for new clients only to Move Plus Connect.

Membership

At Move Plus Connect we want to encourage you to participate in as many classes as you can make. Come join us on days that best suit you, with a membership that offers you classes at significantly discounted prices.

General Terms:

Move Plus Connect reserves the right to cancel and change teachers, events, classes, workshops and teacher training without prior notice.

Payment:

Please register for class online by creating a log in, then select they type of class package, select a payment option of debit card or credit card for the 10 class pass, or single session class.

Please note we do not accept AMEX.

Payment for Memberships, you can opt for your payment to be made via direct debit bank account or credit card. This transaction commences from the day you sign up.

Booking and Cancellation Policy

You can book into any of our classes 7 days in advance.

Members and Class Pass holders As class sizes are limited, we strongly recommend you pre-book online to reserve your place in class

If you book a class and can’t make it, please log in change or cancel your booking. This is so that other members have the chance to book or move from the waiting list to attend the class.

Unlimited Members. If you are absent or cancel within two hours of the class start time you will incur a $10 late cancel fee.

10 Class pass holders and Single Class Pass Clients. If you are absent or cancel within two hours of the class start time you will be charged for the class.

Additionally, members will have their booking privileges suspended if they miss/late cancel two classes within a two week period.

Returns & Refunds:

All purchases and direct debit transactions are non-exchangeable, non-refundable or non-transferable. We are not able to refund any client for unused Membership periods or Class Passes.

Suspend your Memberships:

Bit Busy, have a great holiday planned or are out of the state for a time? No problem. You can pause your membership for a minimum period of a week, (7 days) and a maximum of 2 months at a time. You may do this once every 3 months with no fees.

If you would like to suspend your membership, simply request your suspension my emailing ino@moveplusconnect.com at least 7 days prior to your next scheduled direct debit payment.

Cancel your Membership:

We are sorry to see you go, but we understand that life can change.

Please note that we have a minimum term for our membership of 4 weeks before changes can be requested, we hope that this encourages you to find time to try out each class, and enjoy the benefits.

If you are requesting a cancellation, you will need to for fill the minimum term before we can process your request. After the minimum term is completed we can process your request, please contact us at info@moveplusconnect.com 7 days prior to your next scheduled debit payment.

This request must be made in writing. If you do not hear from us within 48 hours, please contact us again to ensure your request has been processed.

Memberships are paid in advance, so no refunds can be awarded once the transaction has been made if you fail to advise within adequate timeframes.

Website Terms and Conditions of Use

1.     About the Website

1.1.            Welcome to www.moveplusconnect.com (the 'Website'). The Website Provides access to book pilates and group fitness classes (the 'Services').

1.2.            The Website is operated by  Move Plus Connect . Access to and use of the Website, or any of its associated Products or Services, is provided by Move Plus Connect. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

1.3.            Move Plus Connect reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Move Plus Connect updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2.     Acceptance of the Terms

            You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Move Plus Connect in the user interface.

3.     Subscription to use the Services

3.1.            In order to access the Services, you must first purchase a subscription through the Website (the 'Subscription') and pay the applicable fee for the selected Subscription (the 'Subscription Fee').

3.2.            In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.

3.3.            Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the ' Account').

3.4.            As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(a)      Email address

(b)      Preferred username

(c)      Mailing address

(d)      Telephone number

(e)      Password

3.5.            You warrant that any information you give to Move Plus Connect in the course of completing the registration process will always be accurate, correct and up to date.

3.6.            Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the 'Subscription Period').

3.7.            You may not use the Services and may not accept the Terms if:

(a)      you are not of legal age to form a binding contract with Move Plus Connect; or

(b)      you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4.     Your obligations as a Member

4.1.            As a Member, you agree to comply with the following:

(a)      you will use the Services only for purposes that are permitted by:

i.         the Terms; and

ii.        any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(b)      you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

(c)      any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Move Plus Connect of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(d)      access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Move Plus Connect providing the Services;

(e)      you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Move Plus Connect;

(f)        you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(g)      you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Move Plus Connect for any illegal or unauthorised use of the Website; and

(h)      you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5.     Payment

5.1.            Where the option is given to you, you may make payment of the Subscription Fee by way of:

(a)      Credit Card Payment ('Credit Card')

(b)      direct debit

5.2.            All payments made in the course of your use of the Services are made using Ezidebit . In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Ezidebit  terms and conditions which are available on their website.

5.3.            You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee .

5.4.            You agree and acknowledge that Move Plus Connect can vary the Subscription Fee at any time  and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

6.     Refund Policy

            Move Plus Connect will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Move Plus Connect makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances . Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the 'Refund').

7.     Copyright and Intellectual Property

7.1.            The Website, the Services and all of the related products of Move Plus Connect are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Move Plus Connect or its contributors.

7.2.            All trademarks, service marks and trade names are owned, registered and/or licensed by Move Plus Connect, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

(a)      use the Website pursuant to the Terms;

(b)      copy and store the Website and the material contained in the Website in your device's cache memory; and

(c)      print pages from the Website for your own personal and non-commercial use.

7.3.            Move Plus Connect does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Move Plus Connect.

7.4.            Move Plus Connect retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(a)      business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(b)      a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(c)      a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

            to you.

7.5.            You may not, without the prior written permission of Move Plus Connect and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

8.     Privacy

8.1.            Move Plus Connect takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Move Plus Connect's Privacy Policy, which is available on the Website.

9.     General Disclaimer

9.1.            Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

9.2.            Subject to this clause, and to the extent permitted by law:

(a)      all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b)      Move Plus Connect will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

9.3.            Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Move Plus Connect make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Move Plus Connect) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a)      failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b)      the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

(c)      costs incurred as a result of you using the Website, the Services or any of the products of Move Plus Connect; and

(d)      the Services or operation in respect to links which are provided for your convenience.

10.  Limitation of liability

10.1.         Move Plus Connect's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

10.2.         You expressly understand and agree that Move Plus Connect, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

11.  Termination of Contract

11.1.         The Terms will continue to apply until terminated by either you or by Move Plus Connect as set out below.

11.2.         If you want to terminate the Terms, you may do so by:

(a)      not renewing the Subscription prior to the end of the Subscription Period;

(b)      providing Move Plus Connect with 14 days' notice of your intention to terminate; and

(c)      closing your accounts for all of the services which you use, where Move Plus Connect has made this option available to you.

            Your notice should be sent, in writing, to Move Plus Connect via the 'Contact Us' link on our homepage.

11.3.         Move Plus Connect may at any time, terminate the Terms with you if:

(a)      you do not renew the Subscription at the end of the Subscription Period;

(b)      you have breached any provision of the Terms or intend to breach any provision;

(c)      Move Plus Connect is required to do so by law;

(d)      the provision of the Services to you by Move Plus Connect is, in the opinion of Move Plus Connect, no longer commercially viable.

11.4.         Subject to local applicable laws, Move Plus Connect reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Move Plus Connect's name or reputation or violates the rights of those of another party.

12.  Indemnity

12.1.         You agree to indemnify Move Plus Connect, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a)      all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;

(b)      any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

(c)      any breach of the Terms.

13.  Dispute Resolution

            13.1. Compulsory:

            If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

            13.2. Notice:

            A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

            13.3. Resolution:

            On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

1.1.  Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

1.2.  If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association  or his or her nominee;

1.3.  The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

1.4.  The mediation will be held in Melbourne , Australia.

            13.4. Confidential:

            All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

            13.5. Termination of Mediation:

            If 1 month have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

14.  Venue and Jurisdiction

            The Services offered by Move Plus Connect is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

15.  Governing Law

            The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

16.  Independent Legal Advice

            Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

17.  Severance

            If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

PRIVACY POLICY

Move Plus Connect

1.     We respect your privacy

1.1.            Move Plus Connect respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.

1.2.            "Personal information" is information we hold which is identifiable as being about you.

2.     Collection of personal information

2.1.            Move Plus Connect will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms.

2.2.            You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.

2.3.            Additionally, we may also collect any other information you provide while interacting with us.

3.     How we collect your personal information

3.1.            Move Plus Connect collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.

4.     Use of your personal information

4.1.            Move Plus Connect may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.

4.2.            Move Plus Connect may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.

5.     Disclosure of your personal information

5.1.            We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.

5.2.            We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.

5.3.            We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Move Plus Connect, www.moveplusconnect.com, its customers or third parties.

5.4.            Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. These may include, but are not limited to USA.

5.5.            If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.

5.6.            By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.

6.     Security of your personal information

6.1.            Move Plus Connect is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

6.2.            The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

7.     Access to your personal information

7.1.            You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at info@moveplusconnect.com.au.

7.2.            We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.

8.     Complaints about privacy

8.1.            If you have any complaints about our privacy practices, please feel free to send in details of your complaints to 337 Smith Street, Fitzroy , Victoria, 3065. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

9.     Changes to Privacy Policy

9.1.            Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.

10.  Website

10.1.         When you visit our website

            When you come to our website (www.moveplusconnect.com) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.

10.2.         Cookies

            We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.

10.3.         Third party sites.

            Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Move Plus Connect is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.