terms and conditions
The Mindful Maker Sydney
It is our number one priority to care for our customers and our Terms and Conditions are long and detailed but rest assured, we will always do our best to ensure you have the best possible experience when you choose to visit us, including our online store, workshops and events.
These Terms and Conditions, together with The Grace Files’ Privacy Policy constitute the agreement between us and our customers (you). This Agreement prevails in the event that any other information on the Website is inconsistent with the terms of this Agreement.
Please contact us if you would like any further information. We look forward to hearing from you.
Access To This Website
Welcome to the website for The Mindful Maker Sydney (Website).
This Website is owned and operated by The Grace Files Pty Ltd (ABN: 65 617 569 632). The Mindful Maker Sydney is a trading subsidiary of The Grace Files Pty Ltd. All workshops and event tickets, related to products and services available for purchase from The Mindful Maker Sydney, are provided and sold by The Grace Files Pty Ltd.
By accessing and using this Website, purchasing products, services, and/or attending our premises, you acknowledge that you have read, understood and agree to be bound by the following Terms and Conditions.
These Terms and Conditions apply to workshop guests, instructors and presenters alike, and extend to both the original purchaser and any persons redeeming workshop and/or event tickets or products.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check periodically for changes. Your continued use of the Website and/or attendance at workshops or events following any changes to the Terms and Conditions constitutes your acceptance and agreement to the changes.
Your Obligations
You must not:
- post or transmit any material which in any way defames, harasses or offends any person, is obscene or which in any way may interfere with any other users of this Website;
- appropriate the content or intellectual property contained within this Website;
- use this Website in any way which may be in breach of any laws, rules or regulations or which may infringe any third-party rights; or
- knowingly transmit any virus or take any action which may interfere with the operation of this Website.
It is your own responsibility to ensure that any products, services or information available through this Website meet your specific, personal needs and requirements.
Your use of, or reliance on, any information or materials on this Website is entirely at your own risk for which we will not be liable.
Third Party Content, Products and Services
Our Website may contain information provided by third parties or products, workshops, events and services offered for participation and/or sale by third parties. While we take all care with any third-party information on our Website, we cannot accept any responsibility for reliance on this information and if you purchase any third-party products or services offered on our Website, your legal relationship is with the third-party supplier and/or manufacturer.
Links
Our Website may contain links to other websites which are not under our control or which are not maintained by us. These links are provided for your convenience and information only. If you access these websites, you do so at your own risk. We cannot be responsible for the content of these websites and will not be liable for any damage caused or alleged to be caused by or in connection with your use of or reliance on any such content.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Intellectual Property
All contents of this Website, including the software, design, text, graphics and any trademarks are owned by or licensed to us and are protected by these intellectual property rights. You must not reproduce or otherwise use any of the material on this Website other than as we have expressly agreed to on our Website; unless you have our prior written consent or you are permitted to do so by law.
When attending any of our workshops or events, replication, reproduction or redistribution of any of our creative materials is prohibited. The use of visual recording devices such as video cameras or smart phones is prohibited without express consent. Information presented and provided, either in person or taken from our Website, newsletter communications or social media channels, is not to be copied, reproduced or redistributed, either in part or in full for any commercial purpose.
Disclaimer, Limitation of Liability and Indemnity
We are not liable to you or any other person for any loss in connection with the use of our Website or its associated services or a linked Website, or (other than as provided below regarding our returns policy) for any products or services sold via our Website.
Unless expressly stated in these Terms and Conditions, all implied conditions and warranties are to the extent permitted by law, excluded. Where our liability cannot be excluded by law, our liability for a breach of a condition or warranty is limited, at our option to:
- the replacement or repair of the products or the supply of equivalent products; or
- the payment of the cost of replacing the products or having the products repaired; or
- having the products repaired or of acquiring equivalent products.
You agree to indemnify, defend and hold harmless The Mindful Maker Sydney, The Grace Files, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms and Conditions.
Governing Law
Any legal issues arising out of the use of this Website including any purchase of a product or service sold via our Website, will be governed by the laws of New South Wales, Australia and by using this Website you submit to the jurisdiction of the courts of that State.
Online Shop
All orders and purchases made through this Website are subject to these Terms and Conditions.
Prices
Prices for the products and delivery and other charges displayed on this Website are current at the time of issue, but may change at any time. All prices are in Australian dollars.
Orders and Payment
Your order is an offer to enter into an agreement with us. No agreement is created until your order and payment have been processed by us and we have sent you either a receipt or a notice that your chosen product is not in stock. Payment is required in full before delivery of the product will occur.
Due to the small-scale and seasonal nature of our products, some items may differ from those listed. In the event that a product is not in stock we will give you the option to replace the unavailable product with the closest product we have available.
Goods and Services (GST) and Other Taxes
Prices displayed on this Website are inclusive of GST. You are responsible for any taxes, duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on the product or service.
Risk, Title and Delivery
Risk in the products or services pass to you on dispatch or collection or delivery (as the case may be). All intellectual property rights in the products and services remain vested in The Grace Files.
Default by You
If you fail to make a payment or are otherwise in default under these Terms and Conditions, we may (without prejudice to any other rights we may have) immediately cancel any uncompleted orders or cancel or suspend delivery.
Gift Certificates and Discount Codes
Our gift certificates:
- can be purchased in a hard copy format with instructions on how to redeem, in person at our premises or online; or
- can be purchased online in an electronic format, delivered directly to you, or the recipient, by email with instructions on how to redeem;
- have no processing fees;
- are valid for a maximum of 3 years. The certificate must be used before the expiry date as shown as we cannot reissue the certificate after it has expired;
- are non-refundable and are not able to be redeemed for cash; and
- can only be redeemed for The Mindful Maker Sydney workshops.
Our discount codes:
- can only be used once per order;
- cannot be used in conjunction with any other offer;
- must be applied at the time of the order;
- cannot be applied retrospectively or refunded after the checkout process.
Workshops
Entry Conditions for Workshops and Events
By purchasing a workshop or event ticket, and attending a workshop or event, you or your nominated attendee(s) agree to follow and execute all safety precautions and recommendations during your time within our premises or event, and neither we nor our workshop teachers or presenters are responsible for any injury that may occur to you or your nominated attendee(s).
It is your, or your nominated attendee(s)’ responsibility to ensure when arriving at, attending, or leaving our workshops and/or events that all safety precautions and requirements are maintained and adhered to. We and our workshop teachers and presenters hold no personal liability or responsibility for any damage, or loss, or theft of personal property or any physical injuries obtained on our premises and/or during the workshop or event.
Should any individual be deemed either intoxicated, under the influence of any drugs or acting in a way that is a risk to themselves or anyone on our premises or an event being held by us, we reserve the right to deny entry into, or remove from, our premises or event where we have reasonable cause to do so.
We and our workshop teachers and presenters hold no personal liability or responsibility for any food allergies or medical issues that may be experienced by you or your nominated attendee(s) either by having attended our premises, workshop or event, or by having purchased any of our food products.
By attending our premises, you, or your nominated attendee(s), take full responsibility and liability for any damages, injuries to any other parties involved as well as any physical and/or personal property damage that may occur during a visit to our premises, workshop or event.
Attendees at our workshops grant a non-exclusive right, without limitation as to time or use, to use any photographs or videos taken on our premises and/or during workshops and events conducted by us. This includes the use of your voice and likeness for the purposes of advertising and promoting our services. Should you or your nominated attendee(s) not wish to have photographs or videos taken, then you must let us know at the beginning of the workshop or event, prior to any of these actions taking place.
Your or your nominated attendee(s) warrant that you will not replicate, reproduce or redistribute any element of the workshop or event, any material provided, or any content from our Website, newsletter communications or social media channels in part, or in full, for commercial use.
Food Products and/or Workshop and Event Catering
The information contained in this Website is for general use only. It does not substitute professional dietary advice or treatment.
When attending our workshops and/or events, and you suspect you may have allergies or medical issues which may be affected by certain foods or drinks, you must notify us upon entering our premises.
All our preserves are handmade in our home kitchen, in the small batch method, with every care taken. As we use wheat flour, nuts, seeds and other potential allergens in our kitchen workshops, we cannot guarantee our preserves are completely free from trace allergens.
Labelling on our homemade preserves details each preserves individual ingredients our labelling also includes a QR code linked directly to our produce ingredients page on this Website https://thegracefiles.com.au/mindful-maker-ingredients. It is your responsibility to view these listings before ingesting any of our preserves.
We and our workshop teachers and presenters hold no personal liability or responsibility for any food allergies or medical issues that may be experienced by you, your nominated attendee(s) or any recipient either by having attended our premises, workshop or event, or by having purchased and/or ingested any of our food products.
If you suspect you may have allergies or medical issues which may be affected by certain foods or drinks offered on our premises, workshop or event, or after ingesting any of our products and find yourself experiencing side effects, you should immediately contact your health care provider.
COVID 19 Cancellations and Restrictions
Please let us know before attending a workshop or event if you are unwell or have any flu-like symptoms so we can arrange an alternative date for your booking. Your ticket may be transferred to another person to attend in your place if you’re unable to attend on the day on the proviso you advise us by email urgently prior to the workshop or event. We will require your chosen attendee(s)’ name and contact number. You will need to provide documentation to support the late change request. We understand that the type of documentation you are able to provide my vary and we assess every claim on a case-by-case basis.
In the case that you fail to attend for any reason, and you have not notified us, your ticket is not transferable and will be forfeited once the workshop has been held.
If any COVID 19 restrictions require us to cancel or postpone any workshops or events, your booking will be:
- moved to a rescheduled date, or
- we may convert your ticket for the same monetary value to a credit note which you can then use to rebook at another date, book into an alternate workshop or event, or use to purchase in our store within a 12 month period.
Group Bookings for Workshops and Events
We are very happy to accept private group bookings:
- for a minimum of 6 attendees;
- maximum of 8 attendees, unless discussed and arranged otherwise;
- aged over 18 years unless discussed and arranged otherwise;
- no cancellations;
- rescheduling is possible up to 14 days before the group booking is due to take place.
Please contact us by email if you need to discuss in more detail.
Coming Soon Dates and Waitlists for Workshops and Events
We offer a waitlist option via email on our workshop listings, newsletter communications and/or social media channels when a workshop or event may be sold out or we do not have any new dates specified. This is a free-of-charge notification service; it does not constitute a booking or a booking confirmation for a workshop or event.
Refunds
Cancelled/Declined Orders and Bookings
For online products offered by The Grace Files, your order can be changed or cancelled at any time before your order is personalised, or if no items are personalised, before the items have been shipped to you.
For products and services offered by The Mindful Maker Sydney, once purchased, booking tickets are:
- not refundable;
- may be transferred to another date as long as we receive at least 14 days’ notice by email at [email protected] at which point we will issue you a credit note for the same ticketed amount that must be used within 6 months. It is your responsibility to rebook into another workshop or event for a date that suits within this timeframe;
- unable to be transferred or credited if your cancellation is made less than 14 days of the workshop date. You may send someone in your place as per the following point, otherwise you forfeit your workshop or event booking;
- may be transferred to another person to attend in your place if you’re unable to attend on the day on the proviso you to advise us by email at [email protected] no later than 24 hours prior to the workshop or event of this transfer, in addition to your chosen attendee(s)’ name and contact number;
- may only be transferred once to another workshop or event. After this, you cannot transfer again or gain a credit for the booking value. Your booking will be considered as having been forfeited; and
- not transferable after the workshop or event has been held in case you were unable to attend for any reason.
In the rare event a workshop or event is cancelled or rescheduled by us and you cannot attend on the rescheduled date, we will:
- offer a refund of a ticket price; or
- transfer your booking to another workshop or event of the same ticket value; or
- provide an alternate option to the extent otherwise required by law (including the Australian Consumer Law).
We may, at any time prior to a scheduled date and/or time, cancel or reschedule a workshop or event due to the cancellation from workshop teachers or presenters for any reason. In this case:
- we will offer you a full refund of the ticket booking price; or
- you can choose to attend the rescheduled workshop or event offered to you by us; or
- attend another workshop or event at the same ticket value within 6 months.
In the case of our cancellation or rescheduling, all liability is limited to the amount of the ticket price only. We, and our attending workshop teachers or presenters, will not be liable for any other losses incurred by you as a result of the cancellation or the rescheduling, including, but not limited to, any travel and/or accommodation costs.
We reserve the right to cancel an order or booking if we believe that your order is fraudulent, or you have otherwise breached these Terms and Conditions.
Change of Mind Returns
We do accept returns provided they are returned undamaged and in their original packaging. We will refund this return minus shipping costs. A copy of your invoice should be returned with the product.
Any items that have been personalised may not be returned unless there is a quality issue with the product.
Food items are non-returnable, with the exception of merchantable quality. In this case, please contact us.
Gift certificates are non-returnable and are not able to be redeemed for cash.
Workshop or event tickets are non-refundable due to your change of mind, change in your personal circumstances or in your availability. Please also refer to ‘Other Returns’ below.
Other Returns
For The Grace Files and The Mindful Maker Sydney, we will accept returns and provide you with an exchange or refund where:
- the product is faulty or is not of merchantable quality; or
- the product is not fit for its intended purpose; or
- the product does not match the sample or our description.
We do not accept returns on personalised products unless there is an issue with the quality of the item.
For workshop and event services offered by The Mindful Maker Sydney, once purchased, booking tickets are:
- not refundable;
- may be transferred to another date as long as we receive at least 14 days’ notice by email at which point we will issue you a credit note for the same ticketed amount that must be used within 6 months. It is your responsibility to rebook into another workshop or event for a date that suits within this timeframe;
- unable to be transferred or credited if your cancellation is made less than 14 days of the workshop or event date. You may send someone in your place as per the following point, otherwise you forfeit your workshop or event booking;
- may be transferred to another person to attend in your place if you’re unable to attend on the day on the proviso you to advise us by email no later than 24 hours prior to the workshop or event of this transfer, in addition to your chosen attendee(s)’ name and contact number;
- may only be transferred once to another workshop or event. After this, you cannot transfer again or gain a credit for the booking value. Your booking will be considered as having been forfeited; and
- not transferable after the workshop has been held in case you were unable to attend for any reason.
In the rare event a workshop or event is cancelled or rescheduled by us and you cannot attend on the rescheduled date, we will:
- offer a refund of a ticket price; or
- transfer your booking to another workshop or event of the same ticket value; or
- provide an alternate option to the extent otherwise required by law (including the Australian Consumer Law).
We may, at any time prior to a scheduled date and/or time, cancel or reschedule a workshop or event due to the cancellation from workshop teachers or presenters for any reason. In this case:
- we will offer you a full refund of the ticket booking price; or
- you can choose to attend the rescheduled workshop or event offered to you by us; or
- attend another workshop or event at the same ticket value within 6 months.
In the case of our cancellation or rescheduling, all liability is limited to the amount of the ticket price only. We, and our attending workshop teachers or presenters, will not be liable for any other losses incurred by you as a result of the cancellation or the rescheduling, including, but not limited to, any travel and/or accommodation costs.
Privacy Policy and Statement
We recognise and respect that your privacy is important to you. We are committed to protecting your personal information and we take our obligations under the Privacy Act 1998 (NSW) and the Privacy Act 1988 (Cth) very seriously.
You consent to the collection and use of Personal Information (as defined in the Privacy Act) by The Mindful Maker Sydney and The Grace Files in order to enable us to carry on our business and supply goods and services to you.
Be assured we will never share your details with a third party.
After purchasing a product or service from us, you may receive emails and/or newsletter communications from us notifying you of new products, workshops, events and/or other special offers from time to time. You may unsubscribe at any time via the unsubscribe option on the email communication or by contacting us: [email protected]
This Privacy Statement applies to your use of our Website.
Our policy for dealing with any personal information that you might disclose to us while visiting this Website is explained below.
Collection, Use and Disclosure
You may provide personal information to us to receive information about products or services offered through this Website, to purchase products, workshop, event or other services or to receive newsletters. This personal information may include details such as your name, gender, contact information and information on products you are purchasing.
This Website is not intended or designed to attract children under the age of 16. We do not knowingly collect personal information from or about any person under the age of 16. If you are under 16 years old and wish to ask a question or use this site in any way which requires you to submit your personal information, please get your parent or guardian to do so on your behalf.
By visiting our Website, we may collect information about your visit, including the type of browser and operating system you use, your server’s IP address, the pages you access and the information downloaded by you. We will try not to identify you or your browsing activities except where we are required to do so by a law enforcement agency or if your usage is causing technical issues for our Website which may need to be resolved.
We may also use ‘cookies’ on our Website which will involve the collection of information about you; to manage traffic, advertising and for other activities such as conducting surveys. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. If you disable the use of cookies on your web browser or remove or reject specific cookies from this Website or linked sites then you may not be able to gain access to all of the content and facilities on this Website.
We will only use any personal information we collect for the purpose for which you have provided it, for example, to purchase a product, workshop, event or service, unless you consent otherwise. We may also from time to time email you about information that we think might be of interest. You will always be provided with the option to opt out of receiving such information. We will not disclose any personal information collected by us to any third party, unless you consent or we are required or authorised to do so by law.
Our Website may contain links to websites which are owned or operated by third parties. You should make your own enquiries as to the privacy policies of these third parties as we cannot be responsible for the privacy practices of these websites.
Payment Security
Payments for workshops and events can only be made via this Website. Payments for other products and services can be made in person, by phone or via this Website and can be processed directly by using your credit card or indirectly through the third party provider, PayPal. All credit card transactions are processed through Stripe which is secure and encrypted. We do not have access to, or store, your credit card details.
Access To and Alteration Of Records Containing Personal Information
You are entitled to ask for a copy of the personal information we hold about you. We will take all reasonable steps to allow you to access your personal information and we will correct the information if we are satisfied it is incorrect.
Personal Information Quality
When you provide personal information to us we rely on the accuracy of that information. To assist with ensuring accuracy, please contact us if any of the details you have provided change.
Personal Information Storage and Security
Personal information that we hold on our systems is protected through the use of security procedures including physical, network and computer security. We will take all reasonable steps to destroy or de-identify any personal information held by us where it is no longer required. We will take all reasonable steps to protect personal information held by us from unauthorized access, disclosure, loss, misuse and alteration.
Any questions?
Read our FAQs, or contact us for more information.
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