1. TERMS AND CONDITIONS OF USE OF THE WEBSITE
1.1. The following terms and conditions (these Terms) apply to the use of www.exmateria.au (the Website) as operated by S. Pittams & A.J Strutt t/as ExMateria (ABN 86 156 208 754) (ExMateria, We, Us, Our).
1.2. 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 these Terms, you must cease usage of the Website or any of our products or Services immediately.
1.3. By sending or receiving an Order with ExMateria, this signifies that you have read, understood and agree to be bound by these Terms.
1.4. If you breach these Terms, we may immediately suspend or terminate your use of the Services, without refund, and take appropriate legal action against you.
2.1. This clause 2 applies if a customer is over the age of 15 years old but under the age of 18 years old (a Minor).
2.2. ExMateria allows a Minor to participate in the Services.
2.3. Clause 2.2 is subject to these Terms being signed by a parent and/or legal guardian of a Minor.
2.4. You, as the parent and/or legal guardian of a Minor warrant that you have the legal authority and capacity to enter into these Terms on behalf of a Minor. Further, you agree that you will be liable for any and all obligations of a Minor pursuant to these Terms.
2.5. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by these Terms on behalf of a Minor.
2.6. If you do not agree with these Terms, you must cease usage of the Website or any of our products or Services immediately.
3. THE SERVICES
3.1. The Website is hosted on Wix, which provides us with the online e-commerce platform that allows us to sell our products and Services to you.
3.2. ExMateria provides rug weaving classes (the Services) in accordance with the Australian Consumer Law. ExMateria may refuse to provide Services at its discretion.
3.3. In order to access the Services, you are required to book online per the following process:
3.3.1. You choose a date/time;
3.3.2. You then are required to enter the following details:
18.104.22.168 Name, email address, phone number; and
22.214.171.124 Confirm you are either over 18 years of age or over 15 and have parent/guardian's permission to participate in the Services;
3.3.3. These Terms will then be required to be read and agreed upon;
3.3.4. Booking summary page collects payment details; and
3.3.5. Pay now -button, where you pay in full for the Services.
3.4. As part of the booking process, or as part of your continued use of the Services, you will be required to provide personal information about yourself (such as identification or contact details).
3.5. You warrant that any information you give to ExMateria in the course of completing the registration process will always be accurate, correct and up to date.
3.6. You may not use the Services and may not accept these Terms if:
3.6.1. you are not of legal age to form a binding contract with ExMateria; or
3.6.2. 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. FORM OF SERVICES
4.1The Services are conducted as follows:
4.1.1. Single day class (7 hrs) or two consecutive evening classes;
4.1.2. You learn how to use a loor loom and weave an item that you will take with you; and
4.1.3. Once you have completed the beginner class you may be eligible to hire a loom (on site) for other weaving projects.
5.1. By ExMateria offering the Services to you, you agree to pay to ExMateria a fee.
5.2. By agreeing to these Terms, you agree to be bound by any requirement by you to make payment in accordance with clause 5.1 above. Any payment made is non-refundable.
5.3. All payments made in the course of your use of Services and the Website are made using credit card payment through a third party payment gateway. ExMateria does not store any credit card records. You may choose to create a profile in Wix and save your payment details, should you wish to do so.
5.4. 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 these Terms.
5.5. If a credit card payment fails, ExMateria may either retry the payment after a number of days or choose to refuse the Services.
6. ACCURACY OF BILLING INFORMATION
6.1. We reserve the right to refuse any order you place with us.
6.2. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
6.3. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.
6.4. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
6.5. You agree to provide current, complete, and accurate purchase and account information for all purchases made on the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
7. PRODUCTS AND SERVICES
7.1. Certain Products and/or Services may be available exclusively online through the Website.
7.2. These Products and/or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy in at clause 8.
7.3. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
7.4. We reserve the right to limit the quantities of any Products and/or Services that we offer.
7.5. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us.
7.6. We reserve the right to discontinue any Product at any time.
8. GIFT VOUCHER
8.1 ExMateria offers gift vouchers as part of the Services.
8.2. Should you purchase a gift voucher, you agree to the following terms:
8.2.1. The gift voucher is valid for three (3) years from the date of purchase;
8.2.2. It can be transferred to another person, should you wish to do this, please contact us;
8.2.3. Refunds for a gift voucher will be at ExMateria’s discretion, should you wish to obtain a refund of a gift voucher, please contact us; and
8.2.4. There are limitations on the number of gift voucher transactions, you can only re-book up to three (3) times for the Services.
9.1. Should you need to postpone, cancel and/or reschedule the Services, the following terms apply:
9.1.1. You may request a cancellation within five (5) business days in advance of your booking by contacting ExMateria at email@example.com. A full refund will be issued but an administrative fee may apply;
9.1.2. You may request a postponement to another date within seventy-two (72) hours of your booking;
9.1.3. You may request a credit note within seventy-two (72) hours of your booking; and
9.1.4. You may nominate someone else to attend in your place.
9.2. Should ExMateria be required to cancel a class/the Services, we will notify you and you will be entitled to a full refund and/or a credit note.
10.1. Interest on any overdue fees shall accrue from the date when payment becomes due, until the date of payment, at a rate of 1.5% per month and calculated monthly.
10.2. You indemnify ExMateria from and against all actions, proceedings, claims, demands, costs, losses, damages and expenses (including reasonable legal costs and expenses) suffered or incurred by ExMateria arising out of or in connection with the default in payment of any fees by you.
11. MODIFICATION TO THE SERVICES AND PRICES
11.1 Prices for our Products are subject to change without notice. ExMateria reserves the right to modify, suspend or discontinue part of all of the Services without notice at any time. We are not liable to you or any third-party for any medication, price change, suspension or discontinuance of the Services.
12. SECURITY OF INFORMATION
12.1. No data transmission can be guaranteed as secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
13. THIRD PARTY PRODUCTS OR SERVICES
13.1. You and any third parties are not permitted to advertise or promote their products or services, or the products or services of others, on any part of the Website, without prior written consent from ExMateria.
14.1. To the full extent permitted by law, ExMateria excludes all representations, warranties or terms (whether express or implied) except those representations, warranties or terms contained in these Terms.
14.2. These Terms and Conditions include, by implication, only those warranties, conditions and terms that:
14.2.1. Law or legislation implies into these Terms; and
14.2.2. Law or legislation prohibits the parties from modifying, excluding or contracting away.
14.3. To the fullest extent permitted by law, ExMateria’s liability (if any) for any breach of any condition or warranty or terms, or the supply of the Services (including any condition or warranty implied by virtue of clause 14.2), is, at ExMateria’s sole and absolute discretion, limited to:
14.3.1. Re-supplying part or all of the Services; or
14.3.2. Issuing a refund for part or all of the Fees paid for the Services; or
14.3.3. Reducing the value of the Fees payable by you.
14.4. To the fullest extent permitted by law, ExMateria is not liable whatsoever, for any consequential, economic and indirect loss or damage you may suffer.
14.5. Provision of these warranties is subject to:
14.5.1. payment in full in accordance with these Terms; and
14.5.2. written notice from you within fourteen (14) days of supply of the Services that you believe have not been performed with due care and skill and/or within a reasonable time frame and/or fit for any specified purpose.
14.6. These warranties exclude damage or alteration to the Services arising from circumstances outside the control of ExMateria.
15.1. You agree to indemnify and keep us, our employees, agents and subcontractors, indemnified from and against any claims and all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us, our employees, agents and subcontractors, or any third party relating to your breach of these Terms.
15.2. In addition to clause 15.1 above, you agree to indemnify and hold us, our employees, agents and subcontractors, harmless against all demands, claims, causes of action, interest and costs which we, our employees, agents and subcontractors, may suffer as a result of your negligent actions and omissions.
16. INTELLECTUAL PROPERTY
16.1. The Website, the Services and all of the related products of ExMateria are subject to copyright. The material on the Website is protected by copyright under the laws of Australia. 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, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by ExMateria.
16.2. ExMateria retains all rights, title and interest in all related Services. Nothing in relation to accessing the Website will transfer to you any:
16.2.1. business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright; or
16.2.2. a right to use or exploit a business name, trading name, domain name, trademark or industrial design; and/or
16.2.3. 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).
17.1. ExMateria and you agree that all information relating to the Services, including any information provided by ExMateria to you and vice versa is confidential and you and ExMateria will not divulge, either directly or indirectly, to any third party such confidential information, save as to the extent that disclosure may be required by law and reasonably be required for the purpose of enabling ExMateria and you to fulfil obligations under these Terms.
17.2. This clause will have force after the termination or expiry of these Terms.
18.1. You agree to be bound by the latest version of these Terms. We may vary, amend or add to these Terms at any time.
19. PERSONAL INFORMATION COLLECTION NOTICE
19.1. In registering for access or using the Services, you may be required to give us certain personal information in which you have certain rights. Personal information relating to you which we collect, use and disclose may include sensitive information, such as information about your personal details.
20.1. If you want to terminate these Terms, you may do so by providing ExMateria with thirty (30) days’ notice of your intention to terminate. This can be done by sending us notice of your intention to terminate via firstname.lastname@example.org.
20.2. ExMateria may at any time, terminate these Terms with you if:
20.2.1. you have breached any provision of these Terms or intend to breach any provision;
20.2.2. ExMateria is required to do so by law;
20.2.3. ExMateria is transitioning to no longer providing the Services; or
20.2.4. the provision of the Services to you by ExMateria is, at the sole discretion of ExMateria, no longer commercially viable.
20.3.When these Terms come to an end, all of the legal rights, obligations and liabilities that you and ExMateria have benefited from, been subject to (or which have accrued over time whilst these Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause
21. DISPUTE RESOLUTION
21.1. If a dispute arises out of or relates to these Terms or the Services (including any dispute as to breach or termination of the Terms or Services or as to any claim in tort, in equity or pursuant to any statute) neither party may commence any Court or arbitration proceedings relating to the dispute unless they have complied with this clause except where they seek urgent interlocutory relief.
21.2. The party claiming that a dispute has arisen under or in relation to these Terms or Services must give written notice to the other party specifying the nature of the dispute.
21.3. On receipt of the notice referred to in this clause by that party, both parties must endeavor to either resolve the dispute expeditiously using informal dispute resolution techniques such as mediation, expert evaluation, or determination or similar techniques agreed by them.
21.4. If the parties do not agree within seven (7) days of receipt of the notice (or such further period as agreed in writing by them) as to:
21.4.1. The dispute resolution technique and procedures to be adopted;
21.4.2. The timetable for all steps in those procedures; and
21.4.3. The selection and compensation of the independent person required for such technique,
21.4.4. then they must mediate the dispute.
21.5. 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.
21.6. 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.
21.7. The mediation will be held in New South Wales, Australia.
21.8. If the mediation referred to above is not completed within four (4) weeks of reference to a mediator either party may commence any court or arbitration proceedings relating to the dispute as they see fit.
21.9. 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.
22. LIMITATIONS ON LINKING
22.1. You may establish a hypertext link to the Website, as long as the link does not state or imply any sponsorship of the Website by ExMateria, which does not exist.
23. THIRD PARTY LINKS
23.1. At times we may provide links and pointers to third party sites. Once you leave the Website and move to a linked site, you will be subject to the third party’s terms and conditions and privacy obligations. ExMateria does not have control or responsibility over the content or security of third party linked sites. Opinions expressed or material on third party sites are not necessarily shared or endorsed by ExMateria. ExMateria uses a linked third party payment provider and ExMateria does not provide any guarantees or warranties in relation to the functionality or security of that third party provider.
24. THE WEBSITE
24.1. ExMateria does not warrant that the functional aspects of the Website will be error free or that the Website, its content or the server are free of viruses or other harmful components. ExMateria maintains current anti-virus software, however to the extent provided by law, ExMateria does not guarantee against third party interference. ExMateria does not warrant that the Website will be uninterrupted or error-free, or that Website or its content will be compatible with third party software or hardware. ExMateria is not liable for any default due to an act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond ExMateria’ reasonable control.
24.2. The advice and information contained within the Website is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions. Any views expressed are the views or opinions of ExMateria and we do not guarantee that any information provided is up to date or error free.
24.3. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the Website. It is your responsibility to check the Website periodically for changes. Your continued use of or access to the Website or the Service following the posting of any changes to these Terms, constitutes acceptance of those changes.
25.1. Clauses 14, 15, 16, 17 and 24 survive the termination of these Terms.
26. GOVERNING LAW & JURISDICTION
26.1. The law of the New South Wales governs these Terms, and the parties, submit to the non-exclusive jurisdiction of the Courts of that State.
27.1. These Terms constitute the entire agreement between you and ExMateria and governs your use of the Website and supersedes any prior version of these Terms between you and us with respect to the the Services and/or the website.
27.2. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver or relinquishment to any extent of our right to assert or rely upon any such provision or right in that or any other instance, and the same will be and remain in full force and effect.
27.3. In these Terms references to the parties is to be read as references to or including, as appropriate, their respective successors, transferees and assigns as well as employees, partners, agents and related bodies corporate.
27.4. If a provision, or part of a provision, of these Terms are void or voidable that provision is severable, and the remainder of these Terms has full fare and effect.