Boutique Pilates Studio & Physio Clinic in Mosman Park at Featherstone Physio Pilates

T&Cs

GENERAL

Prices are inclusive of tax, where applicable, but exclusive of delivery charges (unless otherwise indicated).

All on-line bookings for professional services and merchandise sales are managed through the MindBody software system.

Featherstone Physio Pilates is a registered user of MindBody.

CANCELLATION POLICY

APPOINTMENTS:
Late Cancellations

For any session cancelled less than 24 hours before the scheduled session start time, your account will be charged as if you had attended and will be valid for redemption, subject to future booking availability, up to 14 days from the cancelled session start time.

Short Notice Cancellations

For any session cancelled less than 2 hours before the scheduled session start time will result in an administration charge of $55 for STUDIO and VIRTUAL services respectively

No Shows

Non-attendance without prior cancellation notification will result in an administration charge of $60 for STUDIO and VIRTUAL services respectively.

CLASSES:
Early Cancellations
Any session which is booked and then cancelled more than 4 hours before the scheduled session start time will be valid for redemption, subject to future booking availability, up to 3 months from the original date of purchase.

Late Cancellations

Any session which is booked and then cancelled less than 4 hours before the scheduled session start time will be valid for redemption, subject to future booking availability, up to 7 days from the cancelled session start time (this does not apply to memberships, please refer to your contract terms for late cancel conditions).

No Shows

Non-attendance without prior cancellation notification will result in a booking being termed a Late Cancellation.

MERCHANDISE SALES

Products may be returned for a full refund within 14 days from date of purchase, subject to assessment for resale and in the original packaging. Allow 7 days for the refund to be processed.

FEATHERSTONE PRIVACY POLICY

This privacy policy applies to all personal and sensitive information collected by Featherstone Physio Pilates ABN 97 605 407 145 (hereafter referred to as “Featherstone”, “we”, “us” and “our”) (Privacy Policy) when you access/ to enable you to access Featherstone on Demand, attend any Featherstone classes or appointments (Services) or purchase any Featherstone merchandise (Merchandise).

Featherstone’s Terms and Conditions (which relate to Featherstone classes and appointments and purchase of Merchandise) may be accessed at: Featherstone Terms and Conditions.

Featherstone’s Terms of Use (which relate to Featherstone on Demand) may be accessed at: https://featherstoneondemand.vhx.tv/tos

You acknowledge that we use Vimeo OTT and Mindbody to provide the Services and you agree to review, from time to time:

the Vimeo Privacy Policy at: Vimeo Privacy Policy; and
the Mindbody Privacy Policy at: Mindbody Privacy Policy.

1. WHAT IS PERSONAL AND SENSITIVE INFORMATION?

The Privacy Act 1988 (Cth) (Act) defines “personal information” as meaning information or an opinion about an identified individual, or an individual who is reasonably identifiable:

whether the information or opinion is true or not; and
whether the information or opinion is recorded in a material form or not.

The Act defines “sensitive information” as meaning, inter alia, health information about an individual.

2. WHAT INFORMATION DO WE COLLECT?

When you access the Services or purchase Merchandise, the personal information we collect and hold about you may include:

your name;
your contact details (including email address, telephone number and postal address);
credit card and/or bank account details;
your IP address;
your browser type;
your operating system; and
any other details you provide us from time to time in respect of the Services (including feedback and enquiry form submissions) and Merchandise.

When you access the Services, the sensitive information we may collect and hold about you will only be information regarding your health and wellbeing.

You do not need to share sensitive information regarding your health however if you consent to us collecting and holding sensitive information regarding your health, it will only be collected and held to:

inform the Services if they require any tailoring to your specific needs; and
lessen or prevent a serious threat to your life, health or safety.

3. HOW DO WE COLLECT YOUR INFORMATION?

We may collect information from you whenever you provide such information to access the Services, purchase Merchandise, or you willingly provide such information when submitting an enquiry form, feedback form or similar.
We also collect cookies from your computer which enable us to tell when you access Featherstone’s website and also to help customise your website experience.
We only collect sensitive information from you if you expressly provide the sensitive information to us, or give us permission to obtain the sensitive information from another health provider.

4. PURPOSE OF COLLECTION

We may use the information we collect about you to do the following:

fulfil the Merchandise orders;
deliver Services to you;
send you marketing communications (you may opt out of receiving marketing communications at any time);
provide you with customer support;
analyse how the Services are being used for troubleshooting and improvement purposes;
communicate with you;
collect debts, prevent fraud and protect the integrity of the Services; and
enforce any legal rights or recourse we may have in respect of the Services or Merchandise.

We only disclose your personal information to our service providers who assist us in providing the Services to you (including Vimeo OTT, Mindbody and any relevant financial institutions).
By accessing the Services, you consent to receiving direct marketing material. We only use personal information for this purpose if you have provided this personal information directly to us (whether during the registration process or at any other time).
You may unsubscribe from receiving direct marketing material at any time.

5. ACCESS AND CORRECTION

Under the Act you are permitted to access the personal information we hold about you. If you would like to obtain such access, please contact us as set out in clause 11 of this Privacy Policy.
We may from time to time contact you to confirm the personal information we hold about you is still current.
If (prior to us contacting you) you consider any of the personal information we hold about you may be inaccurate, please contact us as set out in clause 11 of this Privacy Policy.
You may change your Featherstone account information or close your Featherstone account at any time by logging into your account and adjusting your account settings.

6. COMPLAINT PROCEDURE

If you have a complaint concerning the manner in which we maintain the privacy of your information, please contact us as set out in clause 11 of this Privacy Policy.
All complaints will be considered by Sarah Ashe, the Principal Physiotherapist of Featherstone, and we may seek further information from you to clarify your concerns.
If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem.
If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Information Commissioner.

7. RETENTION OF INFORMATION

If you close your account or request that we delete your account, you may lose access to the Services.
When you close your account, we may preserve your personal information to:

restore your account, if you ever wish to re-subscribe; and
where we believe in good faith that preservation is necessary to enforce our rights.

If we preserve your personal information, such personal information may only be accessed for the purposes referred to in clause 7(b) above by Sarah Ashe and will otherwise be locked to all other Featherstone agents, assigns, employees, contractors and officers.
If we collect sensitive information from you which relates to your health, we may retain this information for 7 years from the date of the last time you accessed the Services, but may only access such information with your consent. Such information will have the same access restrictions as described in clause 7(c) above.

8. OVERSEAS TRANSFER

Your personal information may be transferred overseas or stored overseas for a variety of reasons.
It is not possible to identify each and every country to which your personal information may be sent, however it will be sent to the United States of America, being the country in which Vimeo OTT and Mindbody are located.
If your personal information is sent to a recipient in a country with data protection laws which are at least substantially similar to those under the Act, and where there are mechanisms available to you to enforce protection of your personal information under that overseas law, we will not be liable for a breach of the Australian Privacy Principles if your personal information is mishandled in that jurisdiction.
If your personal information is transferred to a jurisdiction which does not have data protection laws as comprehensive as Australia's, we will take reasonable steps to handle your information in accordance with the Act.

9. PROTECTING YOUR INFORMATION

Featherstone will keep your personal information secure by taking reasonable steps to protect it from misuse, loss, unauthorised access, use, modification, and disclosure.
We protect your information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorised access, disclosure and alteration.
We also review our security procedures periodically to consider appropriate new technology and updated methods.
Only properly authorised people who have a need to access personal information to deliver the Services will be able to see or use that information.
Even so, despite our reasonable efforts, no security measure is ever perfect or impenetrable.

10. CHANGES

We may update this Privacy Policy from time to time for the purposes of reflecting:

changes to our practices or operations in respect of the Services or sale of Merchandise; and
changes to the Act.

You agree to review this Privacy Policy from time to time and agree that any subsequent use of the Services following changes to this Privacy Policy shall constitute your acceptance of all such changes.

11. HOW TO CONTACT US

For more information about our privacy practices, if you have any questions, or if you would like to make a complaint regarding our privacy practices, please contact us using the details below:

Sarah Ashe

Email: admin@feather-stone.com.au

0413 159 206

FEATHERSTONE ON DEMAND - TERMS OF USE

By accessing Featherstone on Demand content and services (Services) you agree to be bound by these Terms of Use and to be bound by Vimeo (Vimeo) OTT View Terms of Service Agreement.

For the purpose of these Terms of Use, Featherstone Physio Pilates ABN 97 605 407 145 may be referred to as “Featherstone”, “we”, “us” and “our” and the party accessing Featherstone on Demand may be referred to as “user” and “you”.

1. ACCEPTANCE OF TERMS OF USE

By accessing the Services you agree to the following:
you agreed to review these Terms of Use and the Vimeo OTT View Terms of Service Agreement prior to accessing the Services; and
you agree to be bound by these Terms of Use and the Vimeo OTT View Terms of Service Agreement.

For terms and conditions regarding merchandise sales, refer to: Merchandise Sales - Terms and Conditions.

2. CHANGE OF TERMS OF USE

We have the right, at our sole discretion, to modify, add, or remove any terms contained in these Terms of Use without notice or liability to you.
Any changes to these Terms of Use shall be effective immediately following the publication of such changes.
You agree to review these Terms of Use from time to time and agree that any subsequent use by you of the Services following the changes to these Terms of Use shall constitute your acceptance of all such changes.

3. ACCESS AND USE OF SERVICES

You may only access the Services if you are eighteen years of age or over.
Access to the Services may not be legal by certain persons or in certain states or certain countries, or may require government authorisation or registration.
We make no claims that the Services may be lawfully accessed in any specific location.
When you access the Services you are solely responsible for compliance with the laws and regulations of the jurisdiction from which you access the Services.

4. CONDUCT

The Services may only be accessed for purposes related to streaming and using related materials by you.
Featherstone specifically prohibits any use of the Services, and you agree not to use the Services, for any purpose other than designated by Featherstone.
You are prohibited from violating or attempting to violate the security of the Services, including, without limitation:

accessing data not intended for your use or logging into a server or account which you are not authorised to access;
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; or
attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this
Services, overloading, "flooding", "spamming", "mailbombing" or "crashing".

Violations of system or network security or inappropriate conduct may result in civil or criminal liability and Featherstone will cooperate with law enforcement entities in investigating such violations.

5. ACCOUNT SECURITY

You are responsible for maintaining the confidentiality of your information as it relates to the Services, including your username and password, and are responsible for all uses of your username and password whether or not authorised by you.
You are responsible for all activity that occurs under your account, including unauthorised activity.
You agree to immediately notify Featherstone and Vimeo OTT of any unauthorised use of your username and password to access the Services.

6. ACCESS TO AND USE OF SERVICES

You are solely responsible for deciding if the Services are suitable for your own purposes and if the Services match your needs.
You may access the Services on a subscription basis or one-off purchase basis.
The basis on which the Services can be accessed will be indicated in your Vimeo OTT account settings.
You acknowledge that when signing up to access the Services (even if only on a trial basis), we will process a $1.00 (USD) payment from your credit card.
This amount will be credited back to you within a few days and is only used as a means of authorising your credit card following registration to access the Services.
You agree to update Featherstone of any changes to your credit card details for the purposes of paying any fees or charges due for access to the Services.
Subject to your payment of any applicable fees or charges incurred by accessing the Services, Featherstone grants you a non-exclusive, non-transferrable, personal, limited right and license to use the Services based upon payment of applicable fees and charges.
Featherstone does not guarantee the resolution and quality of our content when streaming.

7. FAILED PAYMENTS

If one payment required to access the Services is unsuccessful, you will receive a request from Vimeo OTT to update your account details by a certain date so that payment via your credit card can be re-attempted. You will be informed of the date on which the re-attempt will be made.
If you are a trial subscriber and after one payment reminder there is another unsuccessful payment, your subscription will be cancelled, and you will no longer have access to the Services.
If you are a non-trial subscriber, seven attempts at payment will be made, failing which your subscription will be cancelled, and you will no longer have access to the Services.

8. PAUSING YOUR SUBSCRIPTION

If you have a monthly subscription to access the Services, you may pause your subscription for 1, 2 or 3 months at a time in your Vimeo OTT account settings.
Your access to the Services will be paused at the time of your next billing cycle.
If you pause your monthly subscription to the Services, you will receive an email from Vimeo OTT confirming the pause period and providing you a link to recommence your subscription to the Services at any time prior to the end of the pause period.
If you recommence your subscription to access the Services at any time prior to the end of the pause period, you will be charged on the date you recommence your subscription and your new billing cycle will start from the recommencement date.
Annual subscriptions cannot be paused.

9. RENEWAL OF SUBSCRIPTION

Annual subscribers to the Services will be sent a subscription renewal reminder 30 days prior to renewal of their access to the Services.
If you are in the trial stage of your subscription to the Services, you will be sent a reminder from Vimeo OTT 7 days prior to the end of your trial, reminding you that you will be charged for access to the Services at the end of the trial.
All subscriptions will automatically renew unless cancelled. Cancellation of your subscription may be completed via your Vimeo OTT account settings.
Once you cancel your subscription, you will have access to the Services until the end of the paid billing cycle.

10. INTELLECTUAL PROPERTY

The Services (including without limitation, all programs, videos, and other resources available) is the sole and exclusive property of Featherstone.
You may not sell, modify, reproduce, display, publicly perform, distribute or otherwise use the Services in any way for any purpose.

11. LIABILITY WAIVER

You acknowledge that:

you have read and understood these Terms of Use;
you have obtained medical advice from a doctor or licenced medical practitioner, as to your own personal health and safety prior to accessing the Services;
you understand the Services have been formulated by a qualified physiotherapist but acknowledge that the Services may involve exercise and exertion which may pose a risk to your health and safety;
you will not exceed your limits while accessing any of the Services;
you are accessing and using the Services at your own risk and understand you are responsible for facilitating a safe environment in which you access the Services;
you are voluntarily accessing the Services, and you will follow all safety instructions provided when accessing the Services;
you are fully liable for all medical expenses incurred as a result of any injury incurred when accessing the Services.

12. LIMITATION OF LIABILITY

Featherstone does not accept any responsibility for injuries, damage or loss which you may experience from accessing the Services.
You and your assigns, employees or legal representatives fully release Featherstone and Featherstone’s agents, assigns, employees, contractors and officers from any claim, loss, damage or expense of any kind including in relation to injury, property damage, financial loss or wrongful death, occurring during or following access to the Services, whether caused by negligence or otherwise.
Any liability in connection with the Services under law and statute that cannot be excluded is limited to the resupply of the Services or the payment of the reasonable cost of the same.
You agree to indemnify and hold harmless, Featherstone from all liabilities, claims and expenses, including legal fees, that arise from your misuse of the Services or breach of these Terms of Use.

13. PRIVACY

By using the Services, you agree you have reviewed or have been given the opportunity to review our Privacy Policy which can be accessed using the following link: https://featherstoneondemand.vhx.tv/privacy
We may modify our Privacy Policy from time to time and your continued use of the Service constitutes your agreement to any updated Privacy Policy on a prospective basis.
By using the Services, you agree you have reviewed or have been given the opportunity to review the privacy policy of Vimeo OTT which can be accessed using the following link: Vimeo OTT Privacy Policy.