Stitchery & Co. Melbourne Pty Ltd

Terms & Conditions

By ticking the “I have read and agree to the Terms & Conditions” box, registering your details with us, using any of our websites or social media pages/groups, including Stitchery & Co. website ( (‘Site’), or signing up for a Course or membership, you accept and agree to be bound by these terms & conditions which will form a legally binding agreement between you and Stitchery & Co. Melbourne Pty Ltd (ABN 80 650 045 364) (‘we’, ‘us’, ‘our’, ‘Stitchery & Co.’). If you do not accept these terms & conditions, then please don’t register, access or use the Site or sign up for or attend a Course.

Parental / Guardian Consent
1 If a Course participant[DW1] or Site user is under 18 years-old or under a legal disability and their parent or guardian signs them up or otherwise consents to them participating in a Course or using the Site then their parent or guardian represents and warrants that they:

  1. are the participant’s / user’s parent or legal guardian and consents to the participant / user entering this agreement or enters this agreement on the participant / user’s behalf;
  2. have read and understood this agreement and explained it to the participant / user;
  3. consent to the participant / user undertaking Courses;
  4. confirm that the participant / user is capable of independently attending the Site or Courses by themselves and will not require specialised care during a Course; and
  5. guarantee the participant’s / user’s compliance with this agreement and indemnifies us for any loss or damage suffered by us due to the participant’s / user’s non-compliance.

2 All references to ‘you’ and any rights and obligations under this agreement extend to the participant or user.
Use, Access and Participation

Use, Access and Participation
3 Subject to this agreement, you may access and use the Site or our premises and attend and participate in Courses.
4 To access and use the Site or Courses you must register some personal details with us and accept this agreement. If so, we will create a membership account for you (‘Account’).
5 Courses might comprise an array of interactions, content and materials, delivered live, pre-recorded, interactive or static, including:

  1. Workshops;
  2. Classes;
  3. Programs;
  4. Webinars;
  5. Group and one-on-one sessions;
  6. Podcasts;
  7. Audio visual material;
  8. Presentation slides;
  9. Worksheets;
  10. Graphics and images;
  11. Data and statistics;
  12. Surveys;
  13. Questions & answers; and
  14. Quizzes

(collectively ‘Courses’)
6 Courses will be delivered or made available by us from time to time:

  1. via such means, methods and technologies and at such places as we determine, including by way of periodic subscription, terms or semesters;
  2. at such fees and charges and in such currency as indicated on our Site or advised to you in from time to time; and
  3. by way of customised or personalised delivery to you as agreed with you in writing from time to time.

7 Course instructors will be appointed by us and may change from time to time.
8 You must promptly arrive and depart Course classes/sessions. Course classes/sessions will not commence late, be cut short or extended if you are late or have to leave early. You will not be entitled to a refund if you are late, leave early or are a no-show.
9 Early drop off and late collection of a Course participant is not permitted. If applicable, children or participants under a legal disability must be promptly collected by an authorised parent or guardian at the conclusion of each class. Failing which, we may charge you an early drop off and late collection fee. Parents and guardians of participants are not permitted to remain on our premises during a Course.
10 If we deliver or make a Course available to a group of people with a single organiser, then each member of the group, along with the organiser, must agree to this agreement.
11 If you participate in a Course (including group Courses), discussion forum, chat room or webinar, you should be aware that the information you provide might be made broadly available to others, potentially inside or outside our organisation, who participate or have access to that Course, discussion forum, chat room or webinar. Also, you acknowledge that individual forums and chat rooms may have additional rules and conditions. Each participant’s opinion expressed in or during a Course, forum, chat room or webinar is his or her own and should not be considered as reflecting our opinion.
12 You agree and acknowledge that recordings, screenshots and photos of a Course, discussion forum, chat room or webinar might be taken by us or on our behalf. You agree to us storing, disseminating, streaming, broadcasting and otherwise publishing those recordings (in part or full), screenshots or photos free of any charge or fee to you. If you do not want to be recorded, you can choose to leave the Course, discussion forum, chat room or webinar.
13 You must pay our fees in full and without set-off, withholding or deduction immediately upon signing up to or booking a Course or at such agreed intervals, eg monthly. Any other charges related to consumables, including fabrics, patterns, notions or tools, used by you during a class will be due and payable at the end of the class.
14 To the extent permitted by law, once paid fees are non-refundable. If you require a refund then please contact us and we will determine your eligibility for a refund, credit or change of Course class/session in our absolute discretion. We must book our instructors in advance of each Course class/session, accordingly, under no circumstances will you be entitled to a refund if you cancel your participation in a Course class/session less than 24 hours before its commencement. If you cancel your participation in a Course class/session:

  1. more than 7 days (>168 hours) before its commencement we will refund 65% of the Fees and the remaining 35% is charged to you as a cancellation fee;
  2. within more than 24 hours and less than 168 hours before its commencement we will issue a credit note to the value of 65% of the Fees and the remaining 35% is charged to you as a cancellation fee; and
  3. due to sickness within 24 hours prior to its commencement we will issue a full value credit note upon issue by you of a doctor’s certificate.

15 We may cancel a class/session at any time. If we or one of our instructors cancels a class/session then we will provide you with a refund, credit or place you in a mutually agreed alternative class/session.
16 We will provide payment receipts and tax invoices to you and this might include via email.
17 Unless indicated otherwise, Fees are ordinarily expressed inclusive of relevant GST and such Fees may change in line with changes in the rate of the relevant GST. If, whether expressly or due to error, any of our Fees are:

  1. expressed as ‘plus’ or ‘exclusive’ of GST; or
  2. we have applied the wrong GST law or rate (including 0%);

then we reserve the right to charge you and you must pay us the relevant and correct GST applicable to such Fee. ‘GST’ means any relevant consumption or sales tax imposed anywhere in the world, including those known as goods and services tax, GST, value added tax or VAT.
18 Upon our request, including when you register to use the Site, become a member or sign up to a Course or place an order, you must provide us with a valid and current credit, debit or charge card and update the credit, debit or charge card from time to time so that they remain current.
19 You authorise us to charge our Fees and other monies owing to us against the then current credit, debit or charge card on file (if any).
20 Courses might be time limited and if so it will no longer be accessible and you will not be able to attend after the time limit.
21 You are required to obtain, regularly service, maintain and repair the devices, equipment, raw materials, hardware, software, telecommunications and internet services, third-party services and the like (e.g. sewing machine, fabric/material, patterns, thread, needles, bobbins, mobile/tablet, computer, broadband) needed for you to access or use the Site or take part in Courses and you will adhere to any of our required minimum specifications, safety or maintenance requirements in relation to those items. All of your items must be fully operational, and if electrical must be powered by 240 volt electricity (with Australian power plugs) or battery operated (which must be fully charged prior to attending the Site, Course or our premises). We will not undertake any repairs, maintenance, servicing or trouble shooting of your items. In our sole discretion we may prohibit non-compliant items from being used in our premises or during a Course.
22 From time to time we might hire or loan equipment to you. If so, you will be responsible for looking after the equipment in accordance with our directions and promptly paying any fees in connection with that equipment, including any repair or replacement fees, and promptly returning it to us.
23 You acknowledge that we will use the email address you provide as the primary method for communication.
24 We may impose, vary or remove Site access or use restrictions for any part of the Site at our sole discretion at any time.
25 You are responsible for keeping your username and password private, confidential and secure. We cannot and will not be liable for any loss or damage from your failure to maintain the privacy, confidentiality or security of your username and password.
26 You are responsible for all activity undertaken in your Account. You must not reveal your username or password to anyone or transmit to the Site or any hardware upon which the Site is hosted any worms, viruses, trojan horses or any other harmful code.
27 You must immediately notify us of any unauthorised access or use of your Account, username or password of which you become aware.
28 Your Account is personal to you and is not transferrable or licensable.
29 A breach or violation of any term in this agreement as determined in our sole discretion may result in an immediate termination of your Account.

Safety Policy
30 Course participants for an event involving the use of a sewing machine must be at least 8 years old. No exceptions can be made. This minimum age is determined on the basis that a child of 8 years of age is able to receive, process and respond to instruction and function with an appropriate level of cooperation and independence required for operating machines and use tools safely.
31 Electrical cords may become a trip hazard. They must not be laid across the path of foot traffic. The centralised hanging power sources in our premises must be utilised and the full length of cords must be visible.
32 Electrical cords pierced or severed by tools may become an electrocution hazard. Work spaces must be kept tidy and fabrics must not be laid across electrical cords. Cutting, pinning and the use of tools must be conducted away from electrical cords.
33 Machinery needles and/or blades can pierce/cut fingers. Course participants will be assessed for their skill level. Lower level skilled participants will be required to use a guard on the sewing machine. Youth participants will undertake sewing tuition under direct supervision of the instructor. Participants will be instructed in safe operation of a machine and to avoid placing fingers in the path of the needle and blade of machine.
34 Machine needles can shatter if compromised. This can occur if low quality or incorrect needles are installed in a machine or if contact is made with a metal object such as pins. Participants will be instructed to avoid sewing over pins. Course participants might be required to wear safety glasses when operating machines.
35 Long, loose hair can become entangled in sewing machine componentry. Course participants are required to tie back long hair prior to class.
36 Sharp tools dislodged from work benches can pierce or injure feet. Course participants are required to wear closed toe shoes for class.
37 Incorrect handling of sharp tools can inflict injury on the Course participant or other Course participants. Course participants will be instructed to exercise care and safe use of tools.
38 The use of personal devices in class can impact the ability of Course participants to follow instructions. Personal devices must not be brought to class or must be stored securely in silent mode and not used during class.
39 Beverages and food can cause damage to projects or may become an electrocution hazard around electrical machines and tools. Course participants are required to provide and use sealed containers for drinks brought to class and limit the consumption of food as advised by our instructors from time to time.
40 Bags, trolley bags and other forms of storage used for bringing machines, tools and projects to class may become a trip hazard. All bags and containers must be stored appropriately during class.

Representations & Warranties

41 You represent and warrant that:

  1. You are 18 years of age or over, or, if you are under 18 years of age, you have your parent’s or guardian’s consent to enter into this agreement or your parent or guardian has entered this agreement on your behalf; and
  2. All of the information you provide to us is accurate and complete.

42 You will indemnify, defend, and hold harmless us and our subsidiaries, parents, and affiliates, and their and our respective directors, officers, employees, and agents, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including legal fees, arising from or relating to your breach of this agreement.

43 We reserve the right to modify or terminate the Site for any reason, without notice at any time.
44 We reserve the right to refuse service to anyone for any reason at any time.
45 Verbal or written abuse of any kind (including threats of abuse or retribution) of any of our instructors, hosts, participants, customers, employees, members or officers will result in immediate termination of your Account and expulsion from our Courses.
46 You waive, discharge and release us from all liability for any claim or loss that directly or indirectly results from your reliance on any Course.
47 You agree and acknowledge that the Courses are general in nature, purely for educational purposes. You will not receive any qualifications or vocational certifications.
48 Any testimonials and examples within our Site or marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.
User Conduct
49 By using the Site or attending a Course, you must not:

  1. do or say anything or upload any comments, posts or things to the Site that are or are likely to be abusive, offensive, obscene, defamatory, harassing, intimidating or racist, or disseminate material that breaches any law or regulation or infringes any person’s rights (including intellectual property rights);
  2. misrepresent your identity or affiliation with any organisation or person;
  3. do or say anything or upload any comments, posts or things that includes personal or identifying information about another person without that person’s consent;
  4. promote or advertise any person, group, organisation, product, service, event or activity;
  5. contact anyone, including other users or Course participants, who have asked not to be contacted;
  6. collect personal information or data about other users or Course participants;
  7. use the Site or our premises for any unlawful or criminal purpose;
  8. use the Site in any way that causes disruption, impairment or damage to the Site, including a denial of service;
  9. use the Site to send junk or spam messages or forward information to a person who has not provided consent to receiving such information; and
  10. use or access any part of the Site that you are not authorised to use or access and you must not modify, translate, sell, decompile or disassemble any part of the Site.

50 By sharing, posting or otherwise publishing anything on our Site or at our premises (‘Your Content’), you:

  1. Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;
  2. Warrant that you have the right to grant the above licences;
  3. Warrant that Your Content does not breach this agreement or anyone’s intellectual property rights; and
  4. Consent to any act or omission which would otherwise constitute an infringement of your moral rights (as defined in the Copyright Act 1968), and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

51 We reserve the right (but have no obligation) to:

  1. Review, modify, reformat, reject or remove Your Content that, in our opinion, violates this agreement or otherwise has the potential to harm, endanger or violate the rights of any person; and
  2. Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms & Conditions or for the purposes of any police investigation or governmental request.

Intellectual Property
52 We own the intellectual property in and to the Site and we and Course providers own the intellectual property in and to the Courses, including all intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation and all copyright and future copyright and neighbouring rights (including rights in computer programs, documentation, drawings, writings and art works), all rights in relation to inventions including patents and patent applications, modifications or improvements to the same, registered and unregistered trade marks or service marks, registered and unregistered designs, rights in relation to trade secrets, know-how and other confidential information, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields (“Intellectual Property”).
53 You do not acquire any rights or licences in or to the Site or the Courses other than the limited right to access and use the Site or participate in the Courses pursuant to this agreement and within the functional and technical specifications of the Site or the Courses.
54 Certain Course content might be made available for you to download, save, store and print. If so, such content remains our exclusive property.
55 You must not remove, alter or tamper with any non-disclosure, confidentiality, Intellectual Property or ownership designations on the Site or Courses, including the following symbols ©, TM, SM, ® or P .
56 Other than as set out in this agreement, you may not download, copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Site, including Courses.
57 You are not permitted to offer for sale or sell or distribute over any other medium any Courses or any part of them. The Site and the information contained in it may not be used to construct a database of any kind, nor may the Site be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of the Site.
Modifying and terminating the Site
58 We reserve the right to modify, update or terminate the Site or any part of the Site at any time and at our absolute discretion, without notice or liability to you.
59 Any change or modification to the Site or this agreement is effective immediately upon them being posted on the Site. If any such change or modification is unacceptable to you, you may cease using the Site. If following any such change or modification you continue to use the Site or access or participate in any Courses, then you will be deemed to have accepted those changes or modifications.
60 We have no control over and are not responsible for the content of any third-party:

  1. site for which a hyperlink is provided or displayed on the Site;
  2. site framed within the Site;
  3. advertisements displayed on the Site; or
  4. platform upon which the Site operates.

61 We expressly disclaim (and do not endorse or verify) the accuracy or reliability of content on third-party websites described in clause 36.
62 Hyperlinks are provided on the Site for your convenience only and may not be current or operational. Our use or inclusion of a hyperlink on the Site is not an endorsement, approval or recommendation of the linked website or its content.
63 We are not responsible for the content, cookies or privacy practices associated with third-party websites and accessing these sites you should read their terms, conditions and privacy statements. Your use of or reliance on any third-party website is at your own risk absolutely.

Disclaimer & Liability

64 The Site and Courses are provided ‘as is’. We assume no responsibility for any error, omission, communications line failure, theft or destruction or unauthorised access to, or alteration of the Site or Courses.
65 We are not responsible for any problems or technical malfunction of any equipment, software, failure of any communication or Course to be uploaded, received by us or able to be viewed, used, streamed or downloaded on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participants or any other person’s equipment related to or resulting from participation in Courses or uploading or downloading any materials from the Site.
66 We make no representation and give no warranty or undertaking (express or implied):

  1. as to the currency, accuracy, completeness, effectiveness or reliability of the Site or Courses for any particular purpose; or
  2. that the operation of the Site and Courses will be uninterrupted or error-free.

67 We disclaim any and all responsibility or liability for any loss, damage, injury or other claim whatsoever for any outcome arising from your reliance upon the Site, a Course or the Site’s or Course’s inability to meet your needs.
68 The use of and your reliance upon the Site or a Course is entirely at your own risk. When using the Site information will be transmitted over a medium which may be beyond our jurisdiction or control. Information and files available from the Site cannot be guaranteed to be secure, free from computer viruses or other faults or defects and you should scan and check such data accordingly. We do not warrant and cannot ensure the security of any content you may transmit to or from the Site.
69 We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with your access and use of the Site or Courses which is beyond our direct control. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Site or Courses.
70 To the fullest extent permitted by law:

  1. All conditions and warranties concerning the Site (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded and in respect of those statutory warranties which cannot be excluded by us, our liability to you is limited, at our choice, to the remedies contained in section 64A of the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) as amended or replaced from time to time, which you agree is your only remedy;
  2. Subject to this Agreement, we, our officers, employees, agents, contractors, licensors, suppliers, or any other third parties mentioned on the Site or in Courses will not be liable for any loss, costs or damages (including economic or consequential loss, indirect loss, lost profits or special damages) resulting from the use of or inability to use the Site or Courses whether arising under statute or in contract, tort or any other legal doctrine, and whether or not we are or ought to have been aware of, or advised of the possibility of such loss, costs or damages;
  3. Subject to this Agreement, we limit our aggregate liability to you (whether in contract, under an indemnity, in tort (including for negligence), under statute, in equity or otherwise) for all losses arising under or in connection with this Agreement to an amount equal to the Fees paid by you under this Agreement during the 12 months immediately preceding the date of the event giving rise to the first loss under consideration.
  4. We are not liable to you or to any third party for any personal injury, including death, caused by access to, use or misuse of the Site or Courses; and
  5. Remedies under this Agreement are exclusive and are limited to those expressly provided for in these Terms.

71 A party claiming that a dispute has arisen under or in connection with this Agreement (“dispute”) must notify the other party giving written details of the dispute. The parties agree to negotiate in good faith on a commercially realistic basis to resolve the dispute within 30 days of initial notification, before commencing any legal proceedings in relation to the dispute. Nothing in this clause will prevent a party from seeking interlocutory relief or debt collection of unpaid Fees.
72 We collect and use personal information in accordance with our privacy policy which is available on the Site.
73 We may assign this agreement and license our rights.
74 To the extent that any part of this agreement is invalid, unenforceable, illegal, void or voidable for any reason, then this agreement will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.
75 Our waiver of any breach or a failure to enforce or to insist on the observance of a condition of these Terms will not be a waiver of any other or of any subsequent breach.76 We will not be responsible or liable for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any matter beyond our reasonable control including any mechanical, electronic, communications or third party supplier failure, acts of God, natural disaster, climatic or environmental events, tempest, fire, flood, storms, hail, accident, terrorism, industrial action, trespassers, civil disobedience, pandemic, epidemic, war and riots.
77 The words “includes”, “include”, “including”, “for example” or “such as” will be read to mean “including without limitation”.
78 These terms & conditions and the agreement between the parties is subject to the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.

Terms last updated on 25 October 2022