Terms of Service
About the Website
- Welcome to www.stitchingandbeyond.com (the ‘Website’). The Website provides members with textile and fibre art related workshops (the ‘Workshop Services’).
- The Website is operated by Stitching and Beyond Inc. Access to and use of the Website, or any of its associated Workshop Services, is provided by Stitching and Beyond Inc. 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.
- Stitching and Beyond Inc. reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Stitching and Beyond Inc. 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.
Acceptance of the Terms
- You accept the Terms by purchasing a subscription (the ‘Subscription’) through the Website.
Subscription to access the Workshop Services
- In order to access the Workshop Services, you must register as a financial member of Stitching and Beyond Inc. by purchasing the Subscription through the Website. You must pay the applicable fee for the Subscription (the ‘Subscription Fee’).
- In purchasing the Subscription, you will be required to register an account before you can access the Workshop Services (the ‘Account’).
- As part of the registration process (and subsequent access to the Workshop Services) you may be required to provide personal information about yourself (such as identification or contact details), including:
- Email address
- Mailing address
- Telephone number
- Personal website or blog (if applicable)
- Interest areas
- You warrant that any information you give to Stitching and Beyond Inc. in the course of completing the registration process will always be accurate, correct and up to date.
- Once you have completed the registration process, you will be a registered financial member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to purchase of Workshop Services from the time you have completed the registration process until the subscription period of 12 months expires (the ‘Subscription Period’).
Your obligations as a Member
As a Member, you agree to comply with the following:
- You will use the Website and associated Workshop Services only for purposes that are permitted by:
- the Terms; and
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- You have the sole responsibility for protecting the confidentiality of your password and/or email address; any use of your registration information by any other person, or third parties, is strictly prohibited.
- Use of your password by any other person may result in the immediate cancellation of the Subscription and access to Workshop Services;
- You agree to immediately notify Stitching and Beyond Inc. of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- Access and use of the Subscription is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Stitching and Beyond Inc. providing the Workshop Services;
- You will not use the Workshop Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Stitching and Beyond Inc;
- You will not use the Workshop 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;
- 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 Subscription. Appropriate legal action will be taken by Stitching and Beyond Inc. for any illegal or unauthorised use of the Website; and
- You acknowledge and agree that any automated use of the Website or its Workshop Services is prohibited.
- Where the option is given to you, you may make payment of the Subscription Fee and the Workshop Services by way of:
- Credit or Debit Card Payment (‘Credit/Debit Card’)
- All payments made in the course of your Subscription and purchase of the Workshop Services are made using Stripe. When making any Credit/Debit Card payment, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
- You acknowledge and agree that where a request for the payment of the Subscription Fee or Workshop Services 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 payment.
- You agree and acknowledge that Stitching and Beyond Inc. 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.
Subscription Refund Policy
- Stitching and Beyond Inc. will only provide you with a refund of the Subscription Fee in the unlikely event they are unable to continue to provide Subscription services.
- If this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the ‘Subscription Refund’).
Workshop Refund Policy
Workshop cancellation by Stitching and Beyond Inc:
- Stitching and Beyond Inc. will provide you with a full refund of any purchased Workshop in the event they are unable to continue to provide the Workshop, or if the management committee of Stitching and Beyond Inc. decides, at their absolute discretion, that it is reasonable to do so under the circumstances.
- Where this occurs, the refund will be in the full amount paid by the Member (the ‘Workshop Refund’).
Workshop cancellation by the Member:
- If you contact us to cancel your attendance at the Workshop for any reason and we confirm that there is someone on the waiting list to take your place, you will receive the Workshop Refund less a cancellation fee of $50.
- If there is no waiting list and you can find a replacement person, financial arrangements are between you and that person. You must contact us via the Website to transfer the Workshop ticket to the name of the replacement person.
- If there is no waiting list and you cannot find a replacement, you forfeit your full payment as we must still cover costs once we are contracted to a tutor.
- If there are mitigating circumstances, please contact us via the Website to discuss. Stitching and Beyond Inc. reserves the right to decide, at their absolute discretion, on whether a refund of the full amount is reasonable based on compassionate grounds.
Copyright and Intellectual Property
- The Website, the Workshop Services and all of the related products of Stitching and Beyond Inc. 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 provision 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 Workshop Services are owned or controlled for these purposes, and are reserved by Stitching and Beyond Inc. or its contributors.
- All trademarks, service marks and trade names are owned, registered and/or licensed by Stitching and Beyond Inc., who grants to you a worldwide, nonexclusive, royalty-free, revocable license whilst you are a Member to:
- Use the Website pursuant to the Terms;
- Copy and store the Website and the material contained in the Website in your device’s cache memory; and
- Print pages from the Website for your own personal and non-commercial use.
- Stitching and Beyond Inc. retains all rights, title and interest in and to the Website and all related Workshop Services. Nothing you do on or in relation to the Website will transfer to you any:
- Business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- A right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- 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).
- You may not, without the prior written permission of Stitching and Beyond Inc. 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 Workshop Services or other 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.
- 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.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- Stitching and Beyond Inc. 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 Workshop Services or these Terms (including as a result of not being able to use the Workshop Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Website is at your own risk. Everything on the Website 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 Stitching and Beyond Inc. make any express or implied representation or warranty about the Website, including (but not restricted to) loss or damage you might suffer as a result of any of the following:
- 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;
- The accuracy, suitability or currency of any information on the Website, or any of its Services related products (including third party material and advertisements on the Website);
- Costs incurred as a result of you using the Website, the Services or any of the products of Stitching and Beyond Inc.; and
- The Services or operation in respect to links which are provided for your convenience.
Limitation of liability
- Stitching and Beyond Inc.’s total liability arising out of or in connection with the Website, Workshop Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of Workshop Services to you.
- You expressly understand and agree that Stitching and Beyond Inc., its affiliates, 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.
Termination of Contract
- The Terms will continue to apply until terminated by either you or by Stitching and Beyond Inc. as set out below.
- If you want to terminate the Terms, you may do so by:
- Closing your account, where Stitching and Beyond Inc. has made this option available to you.
- Stitching and Beyond Inc. may at any time, terminate the Terms with you if:
- You have breached any provision of the Terms or intend to breach any provision;
- Stitching and Beyond Inc. is required to do so by law;
- The provision of the Workshop Services to you by Stitching and Beyond Inc. is, in the opinion of Stitching and Beyond Inc., no longer commercially viable.
- Subject to local applicable laws, Stitching and Beyond Inc. 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 of the Workshop Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Stitching and Beyond Inc.’s name or reputation or violates the rights of those of another party.
- You agree to indemnify Stitching and Beyond Inc., its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- 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;
- Any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
- Any breach of the Terms.
- 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).
- 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.
- On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
- 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;
- 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 Stitching and Beyond Inc. Management Committee or his or her nominee;
- 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;
- The mediation will be held in Tasmania, Australia.
- On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
- 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.
- Termination of Mediation:
- If 14 days 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.
Venue and Jurisdiction
- The Services offered by Stitching and Beyond Inc. 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 Tasmania, Australia.
- The Terms are governed by the laws of Tasmania, 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 Tasmania, 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.
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.
- 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.