TERMS AND CONDITIONS

These terms and conditions are between we, us or our (1280 Pty Ltd (ABN 52 645 792 409)) and you, the person accepting these terms and conditions.

Acceptance 

You have requested the pottery class services set out in the Schedule or on our Site (Services), and accept these Terms by making full payment of the Price, signing these Terms or by ticking a box online indicating your acceptance of these Terms.  You agree that all information you provide to us is accurate, up-to-date and complete.

Services 

We will provide the Services to you in accordance with these Terms and in consideration for your payment of the Price, using our employees, contractors and third party providers.

Payment and bookings

You agree to pay us the Price at the time of making a request for the Services. All amounts are stated in Australian dollars and are inclusive of GST (unless otherwise stated). After you make payment of the full Price for your request for the Services, we will send you a confirmation email and your request for the Services will convert to a booking for the Services (Booking).

Behaviour policy

Inappropriate behaviour: To ensure our Services are fun and enjoyable for everyone and that everyone is able to learn and engage in a safe, positive, and friendly environment, we expect you to follow our policies for standards of behaviour. For example, we do not accept discrimination, inappropriate behaviour or disruptive behaviour or comments of any kind.

Punctuality: You are requested to arrive for class 10 minutes early. If you arrive or leave late, please do not disrupt our other students.

Tidiness: We expect you to keep your workspace clean and tidy and to return it and any tools in the same state at the end of each class.

Failure to meet standards: You understand that if you do not meet those standards or otherwise demonstrate inappropriate behaviour, will have the right to suspend or terminate your Booking and/or this Agreement. We will notify you where your behaviour does not comply with our policies, and where appropriate provide warnings before any suspension or cancellation of your Booking (and termination these Terms). A refund will not be provided if your Booking is suspended or cancelled due to your behaviour. 

Cancellations and refunds

Your cancellation: We set aside a place for you in each Booking and are limited in our student numbers. So we do not accept cancellations of Bookings or parts of Bookings unless for a medical reason or other extenuating circumstances. Please contact us and provide a medical certificate or other evidence. We will, at our discretion, try to reschedule or substitute the Booking or the part of the Booking or provide you with a credit note to reschedule the Booking or the relevant class. No refunds will be provided.

Our cancellation: Due to unforeseen circumstances such as illness or a pandemic or government enforced lockdowns or shutdowns, you acknowledge that we may need to reschedule the dates of your classes or Booking. We may also need to reschedule the dates of your classes or Booking if we do not receive a certain number of participants for the Booking or for any other reason beyond our reasonable control. Where we need to reschedule a class or Booking, we will notify you at our earliest convenience and we will reschedule within 6 months which you agree is within a reasonable time for re-scheduling. The Price paid for the original Booking will be used as a credit towards the new rescheduled booking. If we cannot reschedule within this period, we will cancel the Booking and we will refund the Price for the Booking. If you would like to cancel within the 6 month period where we need to reschedule, you may cancel by providing written notice and we will refund you the Price.

Termination of these Terms: Where a Booking is cancelled these Terms will also terminate. Your, or our, accrued rights, obligations and remedies are not affected by termination of these Terms. 

Collection Notice

We collect personal information from you or from third parties so that we can provide our services to you, answer any enquiries you submit to us, deliver our website to you and for the purposes otherwise set out in our privacy policy, available at: https://1280.gallery/pages/privacy-policy. Please let us know if you have any questions regarding our privacy policy.

We may disclose this personal information to third parties, including our employees, contractors, artists in residence and related entities, third party service providers that provide their services to us (including IT service providers, marketing and advertising providers and website analytics suppliers), if we are required to disclose personal information by law and as otherwise set out in our privacy policy. Where we disclose your personal information to third parties listed in our privacy policy, these third parties may store, transfer or access personal information outside of Australia. If you do not provide your personal information to us, you may not be able to use all of the features on our website and we may not be able to provide our Services to you. 

Our privacy policy describes further how we collect, store, use and disclose your personal information. It also describes how you can access and correct your personal information, how you can make a privacy-related complaint and our complaint-handling process. 

By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.

Your statutory rights

Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the Services which cannot be excluded, restricted or modified (Statutory Rights). Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. 

You agree that our Liability for the Services is governed solely by the ACL and these Terms. 

Subject to your Statutory Rights, we exclude all express and implied warranties, representations and guarantees of any kind (whether under statute, law, equity or on any other basis) and all materials, work, goods and services (including the Services) are provided to you without warranties, representations and guarantees of any kind. 

Liability, indemnity and exclusions

Exclusions: Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by (whether directly or indirectly): (1) any lost or stolen items (including if secured or “supervised”); (2) your acts or omissions; (3) your breach of these Terms, any law or third party rights; (4) any information, documentation, instructions, specifications or directions given by you; (4) any event or circumstance beyond our reasonable control; (5) any services, goods, work or materials that has not been provided by us; (6) any art works you leave at the Location.

Indemnity: Despite anything to the contrary, to the maximum extent permitted by law, you are liable for, and agree to make good, indemnify us and hold us harmless in respect of, any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with: (1) your acts or omissions; or (2) any information, documentation, instructions, specifications or directions given by you.

Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law: (1) we will not be liable for any Consequential Loss; and (2) our maximum aggregate Liability in relation to the provision of the Services or these Terms will be limited to us resupplying the Services to you or, in our sole discretion, to us repaying you the amount of the Price paid by you to us in respect of the provision of the relevant Services to which the Liability relates.

General 

Term: These Terms will commence at the time you accept these Terms and will continue until the completion of the Booking, unless terminated earlier in accordance with the provisions of these Terms. 

Disputes:  Neither you, or us, may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) without first meeting with the other party to seek (in good faith) to resolve the Dispute. 

Governing law: These Terms are governed by the laws of Victoria.  You, and we, irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.  

GST: If and when applicable, GST payable on the Price will be set out in the Schedule or our Site. You agree to pay the GST amount at the same time as you pay the Price, to the extent you are required to pay the Price under these Terms.

Severance: If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.

Definitions 

In these Terms, unless the context otherwise requires, the following words mean:

Consequential Loss includes any consequential, special or indirect loss, damage or expense including any real or anticipated loss of revenue, loss of profit, loss of use, loss of occupation, loss of benefit, loss of financial opportunity, or economic loss whether arising out of a breach of these Terms, at law, under any statute, in equity, or in tort (including negligence).

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party, a party to these Terms or otherwise.

Location means the premises, where the Services are to be provided, as set out in the Schedule or on the Site for the Booking.

Price means the price as set out on our Site or in the Schedule for the provision of the Services for the Booking, and all other reasonable expenses or disbursements properly incurred by us in the provision of the Services.

Schedule means, if any, the schedule attached to these hardcopy Terms.

Site means our website where, if applicable, our Services are set out for the Booking, and is located at: www.1280.gallery

Terms means these terms and conditions and if signed in hard copy format, it also includes the Schedule.