Terms and conditions

Welcome to Pause

The website pausecollective.com.au (inclusive of subdomains) and its associated features and mobile applications (“Site") is owned and operated by Julie Scardamaglia (ABN 68 496 186 534) (“Pause”, "we", "our", "us").

These Terms and Conditions (“Terms”), which incorporate our Privacy Policy and other documents referred to within these Terms, govern the supply of any products and services and ordered by you on the Site and your use of the Site. By browsing, accessing, using the Site or purchasing any products and services (“Order”), you agree to be legally bound by these Terms. We may change these Terms at any time, and the revised Terms will be made available on our Site. By continuing to use the Site you agree to be bound by such revised Terms.

ACCESS AND USE OF THE SITE

1.1 You must only use the Site in accordance with these Terms and any applicable law.

1.2 You must not (or attempt to):

a) interfere with or disrupt the Site or the servers or networks that host the Site;

b) use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or

c) interfere with security-related or other features of the Site.

1.3 To access some features of the Site, you must register an Account with us. To register for an Account, you must provide us with accurate and current personal information including your name, address, and a valid email address. You must not register more than one Account. You should not create an Account if you are under 18 years old.

1.4 To place Orders you must be at least 18 years old, and have the capacity to enter into a legally binding agreement with us.

1.5 To the extent permitted by applicable law, you are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account, including if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.

1.6 You must not use another person’s Account without our, and/or the other person’s express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, please contact us at hello@pausecollective.com.au immediately and take immediate steps to re-secure your Account (including by changing your password).

1.7 We do not warrant that the Site will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Site.

1.8 You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to:

a) in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or

b) in a way that is illegal or unfair.

2. INFORMATION ON THIS SITE

2.1 The Site and the content on the Site are subject to copyright, trade mark and other intellectual property rights. These rights are owned by or licensed to Julie Scardamaglia.

2.2 You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, including audio and video excerpts, except as permitted by statute or with our prior written consent.

2.3 Information about goods on the Site is based on material provided by third party merchants, suppliers and/or product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.

3. ORDER AND FORMATION OF CONTRACT

3.1 When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it.

3.2 Once you select a product that you wish to Order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Site) the price you must pay including Goods and Services Tax (“GST”) and any other charges, including any charges you are liable to have the products delivered to the address provided by you (“Delivery Fees”). Unless otherwise stated all charges are in Australian dollars.

3.3 You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service, or provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method. You may elect to store your payment methods to your Account for future purchases.

3.4 By making an Order, you expressly authorise us, before accepting your Order, to perform credit and security checks and, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to validate your credit card, to obtain an initial credit card authorisation, to conduct loss minimisation and anti-fraud measures and to authorise individual purchase transactions.

3.5 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact us immediately at hello@pausecollective.com.au although please note we cannot guarantee that we will be able to amend your Order in accordance with your instructions and that fees may be applicable to process a change.

3.6 When you place an Order, you will receive from us an Order confirmation by email. This email will only be an acknowledgement that we have received your Order and will not constitute acceptance of your Order. A contract between us for the purchase of the goods (“Contract”) will not be formed until you receive a confirmation email from us. We are not obliged to supply the product or service to you until we have accepted your Order. We may in our discretion refuse to accept an Order from you for any reason.

4. USER GENERATED CONTENT

4.1 From time to time we may reach out to our customers and encourage you to share your own content (“Content”) using specific hashtags (#) alongside your Content in line with a campaign we might be running at that time.

4.2 By responding to our post and using the required hashtag or by tagging PAUSE social media accounts, you acknowledge and agree that:

a) You comply with the terms and conditions of the platform you are using to create that Content;

b) You own all rights in respect of your Content and/or have obtained appropriate rights and consents from any other persons featured in your Content;

c) Your Content and social media handle may be featured across our social media platforms as well as our Site;

d) PAUSE may enhance, adapt, crop or otherwise modify your Content. Any such modifications would only occur to the extent deemed reasonably appropriate by us; and

e) You are solely responsible for your Content and will not seek to hold PAUSE liable for any demands by a third party related to our use of your Content.

4.3 You may revoke your permission for us to use your Content at any time by sending a request to insert email address here. Upon receiving such a request, we agree to remove your Content from our online platforms as soon as reasonably practicable, and removed to the extent technically practicable.

5. SPECIFIC PROMOTIONS

5.1 From time to time we may run promotions on our Site which are subject to both these Terms and any additional promotion-specific terms which are incorporated into these Terms by reference. Promotion-specific terms may include conditions in respect of selected styles, brands, colours, collections, purchase periods, purchase methods, minimum spend requirements, bundle discounts, partner promotions, games of chance or games of skill. These promotion-specific terms will be presented below.

5.2 You should ensure that you read the specific conditions that apply to each promotion. By proceeding to purchase you agree and accept the terms of the applicable promotion(s).

5.3 We also undertake joint promotions with third party partners from time to time. You should consult the terms of those programs for full details of such specific joint promotions.

6. INDEMNITY

You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your breach of any law or the rights of a third party.

7. PRIVACY POLICY AND COMMUNICATIONS

Please see our Privacy Policy.

When you provide us with your email address or mobile phone number, you may opt in to electronic communications in respect of news and promotions. We may also communicate with you electronically in as set out in the Privacy Policy. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service.

8. DISPUTE RESOLUTION

In the event of any dispute under these Terms the parties agree to negotiate in good faith to resolve the dispute. Disputes should be lodged with us via email at hello@pausecollective.com.au in the first instance.

9. GENERAL

9.1 Entire agreement: These Terms contain all the terms agreed between you and us and supersedes and excludes any prior Terms published on this Site.

9.2 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any person.

9.3 Force majeure: We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by pandemic, lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

9.4 No waiver: No waiver by us of any default of yours under these Terms shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms.

9.5 Notices: Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and shall be delivered by email supplied by you to us, or to us at our registered office.

9.6 Third party rights: All provisions of these Terms apply equally to and are for the benefit of PAUSE, its subsidiaries, any holding companies of PAUSE, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms may be varied or rescinded without the consent of those parties).

9.7 Survival: The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.

9.8 Severability: If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms shall not be affected.

9.9 Governing law: These Terms (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the laws of Victoria, Australia and both parties hereby submit to the exclusive jurisdiction of the courts of Victoria, Australia.

10. DEFINITIONS AND INTERPRETATION

10.1 Definitions

In this document, terms are defined either (i) in the body of this document above, or (ii) defined as set out below, unless the contrary intention appears:

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory laws;

Breach of Duty means the breach of any:

(a) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or

(b) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty);

Content means any images, video, audio and text posted to a social media account.

Liability means liability in or for Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms, including, without limitation, liability expressly provided for under these Terms or arising by reason of the invalidity or unenforceability of any term of these Terms (and for the purposes of this definition, all references to these Terms shall be deemed to include any collateral contract); and

“PAUSE”, "we", "our", "us" means Julie Scardamaglia (ABN 68 496 186 534) and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, partners, and independent contractors.

10.2 Interpretation

a) Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms.

b) Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.

c) Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.

d) References to includes or including or like words or expressions shall mean without limitation.

These Terms were last updated on February 2024.

PAUSE RETREATS TERMS & CONDITIONS

1. THESE TERMS

1.1. These terms apply if you make a booking to attend a PAUSE Retreat. In this document PAUSE is also referred to as ‘we’, ‘us’ and ‘our’.

1.2. If anything in this document differs from what you have been told by Our People, this document will take precedence.

1.3. By placing your booking for a PAUSE Retreat either online, by email or by telephone you accept and agree to abide by these terms and conditions.

1.4. By providing your Personal Information to us, you agree to our Privacy Policy.

1.5. We have not waived your rights if we do not enforce any right contained in these terms during a particular time frame.

1.6. We may update these terms and conditions from time to time. The most up to date version of these terms will always apply.

If we make any changes, we will provide14 days notice by:

(a) putting a notification on our website; or

(b) contacting you via email.

2. TRAVEL ARRANGEMENTS

2.1. PAUSE Retreats include the accommodation, Classes, meals and activities which are specified as included in your booking.

2.2 PAUSE Retreats does not include insurance, taxes, airport transfer, air fares or other travel costs outside of the specified inclusions. It is your responsibility to:

(a) make arrangements and pay for travel to and from our Retreat locations;

(b) ensure that you have a valid passport, visa and re-entry permits which meet the requirements of the immigration and other government authorities in the Retreat locations (‘Travel Documents’).

2.3. By making a Retreat booking with us you warrant that you have all Travel Documents required to attend the Retreat.

2.4. Any fines, penalties, payments or expenditures incurred as a result of Travel Documents not meeting the requirements of those authorities will be your sole responsibility.

2.5. We strongly recommend that you take out appropriate travel, cancellation and medical insurance for the duration of the trip.

2.6. You must familiarise yourself with any health requirements and recommended precautions relevant to your travel to our Retreats and ensure that you carry all necessary vaccination documentation. You should consult with your local doctor, travel medical service or specialist vaccination clinic before commencing your travel to our Retreat.

3. YOUR AGE AND HEALTH

3.1. You must be aged 18 years or over to participate in a PAUSE Retreat.

3.2. Upon each booking of a Retreat, and each time you attend a PAUSE Retreat and participate in Retreat Classes, you warrant that:

(a) you are in good medical and physical condition; and

(b) there is no reason, medical or otherwise, why you should not participate in the Classes.

3.3. We reserve the right to refuse you from participation in a Retreat or from parts of a Retreat or Retreat Classes, whether you have paid in advance for the Retreat, or not, if we:

(a) perceive a reasonable risk of injury to you or any other person due to your participation; or

(b) perceive that you have an infection, contagious illness, physical ailment or open cut or sore; or

3.4. By participating in any Retreat and each Retreat Class you agree to the following:

(a) you will comply with all directions and policies connected to your participation;

(b) you acknowledge that any type of exercise involves risk of injury which may result in death or serious disability;

(c) despite such risk you agree that you participate entirely at your own risk of injury or bodily harm to yourself and others;

(d) you release us and all of Our People and any other persons involved in your participation in any Classes from any action, claim, suit or demand for compensation whether for damage to property or personal injury arising from your participation;

(e) you understand that these terms are contractual and may be relied upon in any proceedings by or involving you and your heirs, executors and assigns;

(f) to the fullest extent permitted by law, we make no warranties about the goods or services we supply. Where you have the benefit of guarantees that cannot by law be excluded or varied, our liability for breach of any such guarantee is limited (at our option) to:

(i) repair or replacement of goods;

(ii) re-supply of services;

(iii) payment of the cost of same.

(g) Our People:

(i) are not medically trained;

(ii) are not qualified to assess if you are in good physical condition;

(iii) are not qualified to assess if you are physically capable of yoga or other active or passive exercise without risking your health, safety or comfort.[a1]

3.5. We strongly suggest you seek medical advice before participating in our Retreats.

3.6. If you require medication you are responsible for bringing, maintaining and using these as per the advice of your medical practitioner or chemist.

4. PERSONAL CONDUCT

4.1. As a retreat participant, you agree to the following:

(a) To conduct yourself with personal responsibility and at the Retreat;

(b) Should you engage in inappropriate, illegal, or disruptive behaviour (including but not limited to bullying, harassment, discrimination, unlawful, disrespectful or violent or intimidating behaviour) to any person (including but not limited to Our People, the local community other guests and participants) you will be asked to leave the Retreat at your own cost and no refund will be available.

(c) During any “down/free time”, you are liable for the activities that you undertake and do so with the knowledge that Our People are not liable for your decisions;

(d) Any intake of alcohol or legal / illegal drugs are done so at your own risk and Our People are not held liable for consequences arising out of your actions in this regard.[a2]

5. LIABILITY

To the maximum extent permitted by law, neither we nor any of our related bodies corporate, directors, employees or agents accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control, force majeure or any other event which is beyond our control or which is not preventable by reasonable diligence on our part.

6. FEES

6.1. Our current fees for PAUSE Retreats are available on our website. Retreat fees do not include airfares or other travel costs, insurance or taxes.

6.2. To secure your spot on a PAUSE Retreat, you must pay a $500 non-refundable deposit.

6.3. 50% of the remaining balance owing must be paid no later than 90 days prior to the start date of the Retreat, or we reserve the right to cancel your spot at the Retreat and retail the deposit.

6.4. The remaining balance owing must be paid no later than 60 days prior to the start date of the Retreat, or we reserve the right to cancel your spot at the Retreat and retain the deposit.

6.5. If you book 60 days or less prior to the start of the Retreat, you must pay full amount at time of the booking.

6.6. Payment of deposit and final balance payment of fees for your Retreat is to be paid via bank transfer or credit card.

6.7. Fees for our retreats are subject to availability and we reserve the right to withdraw or change our fees for a retreat, and to change retreat itineraries, at any time prior to booking.

6.8. There will be no refunds of Retreat fees in any circumstances except for those listed below.

6.9. Transfer of bookings for our Retreats are not permitted.

6.10 Any special discounts will be applied on final balance payments.

7. GUEST CANCELLATION POLICY

7.1. PAUSE does not offer refunds outside of those dates listed below.

7.2. You acknowledge and agree that:

(a) your $500 deposit is non-refundable in all circumstances;

(b) if you cancel 90 days or more prior to the Retreat, the full amount you have paid (if applicable) with exclusion of the non-refundable $500 deposit will be refunded to you.

(d) if you cancel 60 days or less prior to the Retreat, you will forfeit 100% of all payments made towards the Retreat.

7.3. Exceptions to our policy cannot be made for any reason, this is why it is imperative to get travel insurance as soon as you have paid the deposit. Please make sure that natural disasters and personal injuries are covered. We do not offer credit for arriving late or leaving early.

7.4. All cancellations must be made in writing via email to insert email address here.

8. PAUSE CANCELLATION POLICY

8.1. PAUSE may cancel the Retreat if a minimum quota of attendees has not been reached within 60 days prior to Retreat start date.

8.2. PAUSE is not responsible for any expenses incurred in preparation for any cancelled Retreat, such as airline tickets, loss of work, and/or other costs associated with preparation for your trip.

8.3. PAUSE shall not be liable for any failures beyond its control. This covers natural disasters, war, ‘acts of God’, closure of airports, civil strife, accidents or failure to perform by third parties, including suppliers and subcontractors that cause a delay or cancellation of Retreat or it’s services.

9. PHOTOGRAPHY AND FILMING

By attending a PAUSE Retreat, you agree to being filmed or photographed which may be used for marketing or promotional purposes.

Please be aware that by entering this area, In doing so you consent to your image, voice, name, and/or likeness being used, without compensation, in films and tapes for exploitation in any and all media, whether now known or hereafter devised, for eternity, and you release PAUSE, its successors, assigns and licensees from any liability whatsoever of any nature.

If you do not consent to the use of your image, voice, name, and/or likeness being used, please contact us in writing at insert email address here.

10 GOVERNING LAW

These terms are governed by the laws of Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

11 DEFINITIONS

Classes means all classes (including Pilates, yoga, meditation), workshops and sessions (whether group or individual) with Our People.

Facilities means the premises in which the Retreat is located as well as all its contents.

Our People means any staff or contractors of PAUSE.

Personal Information means any information capable of identifying an individual including name, address, phone number and email address.

Retreat means any of the PAUSE retreats organised by Us at various locations from time to time which may include Pilates, yoga, meditation and related activities, as well as accommodation and meals. Individual retreat activities, itineraries, fees and payment arrangements, and availability will be in accordance with individual retreat descriptions posted on our website, and may be subject to change.

These terms were last updated February 2024.