Birthday Parties

We do not currently offer birthday packages. Please get in touch if you'd like to discuss a private/group booking.

Cancellations

If you cancel 48 hours or more prior to the workshop, you will receive a store credit for the value of the workshop.
Less than 48 hours prior to the workshop or in case of no-show, there will be no refunds or credit voucher.

Reschedules

We are unable to accomodate rescheduling of bookings at this time.

PRIVACY POLICY 

Hi there! We want to let you know how we collect information so that you can feel comfortable sharing it with us. That's why we have this privacy policy which outlines the way we at Studio Marigold Pty Ltd (ABN 68 676 789 647) collect, hold, use and disclose personal information. We may collect personal information from children as well as adults.  

 WHAT PERSONAL INFORMATION WE COLLECT & HOW AND WHY WE COLLECT IT? 

What personal information do we collect? 

The personal information we collect is generally limited to: 

• name and contact details; and 
• any communications we have. 

However, we may also collect information about how you use our website, via third parties. 

 How do we collect your personal information? 

The main way we collect information is when you give it to us. You might do this by filling out forms on our website like sign-up or intake forms. Or you might give us information through phone calls, emails, or social media. On occasion we may also collect information from the person that referred you, or other people or organisations. 

We love hearing from you, and we promise to keep your information safe and secure. 

We also use cookies on our website. These are little bits of data that help our website work better. They might identify you and keep track of the pages you visit. This helps us improve our website and make it more secure. Plus, it makes it easier for you to use our website! You won't have to fill in your information again and again. 

At times personal information may also be gathered from third parties, such as Google Analytics or Facebook Pixel. These third parties may use cookies, web beacons and similar technology to collect or receive information about your habits on the internet. 

 Why do we collect your personal information? 

We need your personal information to: 

• communicate with you in relation to your enquiry; 
• send you news if you have signed up (you can unsubscribe at any time); 
• conduct our business, and enable your use of our website, products and services; and 
• in some cases, to comply with our legal obligations, such as record keeping (currently, the law requires us to keep adult records for 7 years and children's records until they turn 25 years of age). 

We also collect personal information to analyse and enhance our business operations and improve your experience with our business. This is used as statistical information to analyse our website traffic and to customise the content and advertising we provide.  

 You can opt-out of the collection and use of this information by changing your privacy settings or opting out.  To opt-out of Google advertising you can go here: https://tools.google.com/dlpage/gaoptout To change your Facebook ad preferences you can go to "Facebook Help Centre", "Manage my account" and "Ad preferences". 

Where we collect your financial information, we use it to help you pay for our products and services. Only the staff that need to know this information have access to it, and we only keep it as long as it is necessary. We use SSL certificates to verify your identity and encrypt any data you give us. All financial information is encrypted on our servers, and we do not keep all your data (to prevent unauthorised and duplicated transactions). We do not keep any details of your direct debit, and all information is sent to our bank for processing.  

 WHEN DO WE DISCLOSE PERSONAL INFORMATION & HOW YOU CAN ACCESS IT?  

When do we disclose your personal information? 

We use reasonable precautions to make sure your information stays safe and secure.  Only authorised personnel can access it, and we keep it in accordance with our legal record keeping obligations. When we don't need it anymore, or it is unsolicited, we destroy it appropriately. We generally will not disclose your personal information unless we have your consent, it's required by law*, or it's necessary for us to provide you with our services.  

* This can include where we are of the reasonable belief that there is a serious risk to life, health or safety of you or another person. For example, if there is evidence of clear danger of harm to self and/or others, we may be legally required to report this information to the authorities responsible for ensuring safety. This includes if there is a strong suspicion of physical or sexual abuse or emotional, or neglect or exposure to family violence of any person under 18 years of age. A court order could also require us to release information contained in records.   

Sometimes we do disclose your personal information where it is necessary to obtain third-party services, like analytics, data storage, payment providers or advertising services. Some of these third-parties may be overseas. We do our best to make sure the providers we use comply with privacy laws and regulations.  You can opt-out of the collection and use of this information by changing your privacy settings or opting out. 

 How can you access or delete your information?  

If you want to access, correct or delete your information, please email us at hello@studiomarigold.shop. We're happy to help, unless we're required by law to withhold it. And if you have any concerns at all about your privacy, please also email us at hello@studiomarigold.shop. You can also make a complaint with the Office of the Australian Information Commissioner by phone on 1300 363 992, online at http://www.oaic.gov.au where you can go to the "Lodge a Privacy Complaint with us" page, or post to: Office of the Australian Information Commissioner, GPO Box 5218, Sydney, NSW 2001. 

 Thank you! 

Thank you for trusting us with your personal information. Above all, we will do our best to keep it safe and use it responsibly.  

BOOKING TERMS AND CONDITIONS  

By signing up to participate in our Classes, you agree to these Terms and Conditions and any other policies we publish or link to on our Website. These form an "Agreement" between you and your minor child (“the Client”/ “you”/ “your”) and us, Studio Marigold Pty Ltd (ABN 68 676 789 647) (“we”/ “us”/ “our”). If you do not agree with any of these terms and conditions, you and/or your child cannot participate in our Classes.     

MEDICAL WARNING  

You must provide full details to our staff about your child’s medical and health conditions, allergies and medications at drop off for precautionary purposes.  

  

BOOKING AND FEES  

Our Class fees and Class timetables are displayed on our Website. We reserve the right to change our fees and schedules from time to time, and these changes will be notified on our Website.  

      

To sign up to participate in our Classes, you must register via our website and create an account with us. You must maintain the confidentiality of your password and login. You are solely responsible for all use of your login and password.  

  

There are a set number of spaces in each Class. To book into Classes you must reserve a space by making the full payment. Bookings can be made online through our website. 

  

PERSONAL INFORMATION  

When you create an account and register for a class, you agree to provide us with your and your child’s personal information including but not limited to name, age, medical or health conditions related information and any other information as required (“information”). You represent and warrant that:  

• all information you provide is true, correct, current and up-to-date; and  
• you will respond promptly to any of our requests for further information.  

Your personal information collected by us will be dealt with in accordance with our Privacy Policy, a copy of which can be viewed in full here.  

 

PAYMENTS  

Our Class Fees are payable upfront for a single Class or group of Classes. Except as required by the Australian Consumer Law, no refunds are provided, even if you or your child does not attend. In the unlikely event the teacher is unavailable due to sickness or any other unforeseen event, the Class will be rescheduled to another day and time, and it might lead to an extension of the group of Classes. In any event, no credits or refunds are provided. 

 

CLASS SCHEDULES 

Class schedules are subject to change or cancellation without prior notice.  We are not liable in any way to provide you with a refund, credit, transfer or compensation of any kind for Classes that are not held in accordance with the Class schedule unless as provided by our cancellation policy.   

  

CANCELLATION POLICY  

You must notify your cancellation to us at least 1 week prior to the first Class to receive a refund less our administrative fee. To the extent permitted by law all other refunds are at our sole discretion. We give you the option to transfer the Classes to another person, but this must be done by the second class. 

 

CONFIDENTIALITY  

Our Classes could involve you or your children sharing personal, and private information (“Confidential Information”), or where others may share similar information. 

You acknowledge and agree to: 

• keep all information confidential, and not to disclose any information outside the group;  
• be respectful of all participants at all times; and 
• not to directly contact other participants unless you have their express consent.  

Any further interactions with other participants are conducted at your sole risk.  

We will not disclose any Confidential Information, except in accordance with our Privacy Policy. For more information on the circumstances where we disclose personal information, please see our Privacy Policy here.  

ONLINE CLASSES AND POSTING 

You must not record any Online Classes. Unfortunately, whilst we encourage confidential communications, we cannot guarantee that our online Classes will be secure, and we cannot guarantee your privacy or confidentiality when accessing any online video conferencing or other meeting platforms. 

We encourage you to engage in discussions in our community however, we do not recommend that you include any personal information such as your email address or physical address in your posts. When you engage in discussions, your posts will not be confidential, and you must comply with our posting rules as follows.  You must not post any of the following, which is determined at our discretion:  

• any advertising, self-promotion or sales;  
• any disrespectful, inappropriate, offensive, threatening or abusive content;  
• any content that breaches the rights of a third party; e.g., copyright breach or anything defamatory; or 
• any content that impersonates any other person or misleads us or third parties as to the origin of your posts.  

Whilst we will endeavour to reply to your comments, we have no obligation to. You are responsible for all your posts and their accuracy, completeness and timeliness. We are not responsible for any of your posts or any third party posts. Where posts do not comply with our posting rules, we may, but are not obliged to remove them. 

 

HEALTH AND SAFETY 

There are risks associated with attending our Classes in person. We have minimised these risks by complying with government recommendations. You acknowledge and agree that by participating in our Classes there is a risk of catching an infectious disease, including COVID-19 and participating is done at your sole risk.  For the benefit of all participants, please do not attend a Class in person if you or your child is unwell or if you have any COVID related symptoms. 

 

CONDUCT RULES AND YOUR OBLIGATIONS  

You and your minor child are required to treat all persons and property at any Venue with all due care and respect. We reserve the right to refuse entry to or remove you from any Venue for breaching our Conduct Rules including any anti-social, intoxicated, disorderly, aggressive, offensive, inappropriate, discriminatory or dangerous behaviour that may threaten the safety or security of our clients, staff, any other persons, a Venue including infrastructure and equipment.  

If you consider that someone is breaching the Conduct Rules, please notify our staff so that we can address the issue immediately.  

• Please arrive 10 minutes prior to your scheduled Class in order to minimise disruption during the Class.  
• We strongly discourage you from departing the Class prior to the scheduled conclusion time as it is disruptive to the enjoyment of other participants.  
• You or your child is required to always wear appropriate attire for the Classes and must ensure that you or your child wears shoes.  
• You may not at any time take photos or videos of the classes and the staff unless express permission by the staff or individuals involved.  

 PHYSICAL TOUCH 

You acknowledge and agree that our teachers may use tactile cueing and adjustment methods or make physical contact with your child for correction purposes, particularly during any exercise or movement in any Class, and in order to ensure that the Classes are undertaken in accordance with Studio Marigold Pty Ltd's best practice. If you do not wish your child to be touched, please notify us prior to any Classes. 

   

PERSONAL BELONGINGS  

We do not assume any responsibility to safeguard your personal belongings that you or your child bring into any Venue.  As such, we strongly recommend that you and your child:  

• refrain from bringing any valuable personal belongings into our Venue such as mobile phones, jewellery, personal devices, wallets, handbags and purses;  
• only bring personal belongings into our Venue that are absolutely necessary for you to possess for the duration of your visit; and  
• store any personal belongings in the storage facilities provided for use for the duration of your visit.  

  

AUSTRALIAN CONSUMER LAW 

Our services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with a service, you are entitled to cancel your service contract with us and to a refund of the unused portion, or to compensation for it's reduced value. 

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract. 

 

INTELLECTUAL PROPERTY 

We own or have a license to use all Intellectual Property Rights in any Materials we may provide you throughout the Classes. You must not use any Materials for any purpose other than your sole personal use. You must not reproduce, duplicate, copy, sell, re-sell or exploit the Materials in any way. Any Materials we provide you must not be reproduced or resold without our prior written permission which will be given at our absolute discretion, and will be the subject of license fees. 

 

LIMITATION OF LIABILITY  To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from you or your child’s attendance at our Venue or Classes including, but not limited to, any theft, unauthorised access or third-party interference. To the extent to which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:  

• the supply of equivalent services e.g., another opportunity to book Classes; or  
• the refund of the payment made for the Class.  

In any case, our liability to you will not exceed the amount actually paid by you to us for the last Term. 

You acknowledge, agree and undertake to indemnify us and keep us at all times fully indemnified from and against any claims whatsoever arising directly or indirectly as a result of any breach by you of this Agreement, any conduct by you in participating in our Classes, and any third-party claims.  

  

TERMINATION  

We may, at our sole discretion and without prejudice to any of our rights, immediately terminate this Agreement where you breach any term or condition of this Agreement. If you are in breach of this Agreement, you will not be entitled to any refunds and any outstanding Fees become immediately due and payable.  

  

FORCE MAJEURE 

Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.   

  

IF THERE IS A DISPUTE   

You acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging will be the subject of compensation in any mediation or litigation claim. In the event of any dispute that cannot be resolved by mutual agreement, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.  

  

GOVERNING LAW AND OTHER MATTERS  

This Agreement is to be construed in accordance with the laws of WA, Australia, and you and we submit to the jurisdiction of the courts of WA, Australia. This is the entire Agreement between you and us and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between this Agreement and other terms and conditions on our Website, these Terms and Conditions will prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in these Terms and Conditions does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement will survive termination of this Agreement.  

  

DEFINITIONS  

“Agreement” means these Terms and Conditions, our Website Terms of Use, Privacy Policy and any other policies we publish or link to on our Website.  

“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).   “Claims” mean any claim, under the statute, tort, contract or negligence, any demand, award or costs.  “Classes” mean the classes whether music, art or mindfulness conducted at the Venue. “Fees” mean payment due from you for the Classes provided by us.   "Force Majeure Event" means any event beyond our control which prevents us from complying with our obligations under this Agreement, including but not limited to, a pandemic, act of God, such as fires, earthquakes, floods; war or hostilities, riots, strikes, disorder or acts or threats of terrorism, or electrical failure, changes to regulations, weather events, travel limitations, venue closures. 

“Intellectual Property Rights” means all trademark, copyright, design rights, patents, trade secrets, confidential information and all other intellectual property rights whether registered or unregistered. 

“Loss and/or Damage” means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of enjoyment, loss of opportunity, loss of reputation or goodwill, loss or corruption of information or data, personal injury, death, property damage and legal costs.  

“Materials” means any content, features of a Class, and all images, content, materials, data, and materials related to the Class.  

“Medical Condition” means any type of illness, disease, injury, condition, disability, disorder, physical deformity or mental illness.  

“Venue” means XXX  or any other the physical location(s) where the Classes are held.  

“We, us, or our” means Studio Marigold Pty Ltd (ABN 68 676 789 647) and includes any of our directors, officers, employees, agents, partners and contractors.  

“Website and Services” means Studiomarigold.shop and everything available on this Website including, but not limited to, products and services.  

  

WEBSITE TERMS AND CONDITIONS 

  

Welcome to Studio Marigold Pty Ltd (ABN 68 676 789 647) and studiomarigold.shop, our website. We're so glad you're here! By visiting our website and using the services our website provides, you are agreeing to these terms and conditions and any other policies we publish or link to on our website; we like to call this an "Agreement". If you don’t accept to our Agreement, we kindly ask that you surf elsewhere. Just know that if you breach our Agreement, we may need to terminate your use of our website. We may also change, suspend or stop providing our website at any time, but we'll always try to let you know if that's the case.  

 Now, let's chat about your obligations when using our website. 

 

YOUR OBLIGATIONS WHEN USING OUR WEBSITE 

  

To provide correct information and comply with the law 

Firstly, please provide us with current and accurate information when filling out any of our opt-in or other forms. It is also important that you comply with the laws of WA and Australia when you use our website, including, but not limited to, all intellectual property and cybercrime laws. If you're accessing our website from outside of Australia, please make sure to also comply with all the relevant local laws. 

  

To only make personal and non-commercial use of our Content 

Next up, please only use the website and its Content for your personal and non-commercial use. We own or license the Copyright in all Content on our website, and any other use is prohibited unless permitted by law, or with our prior written permission (which you can request by emailing hello@studiomarigold.shop). All trademarks on our website belong to their respective owners. 

  

To use third party software, links etc at your risk 

If you choose to use third-party software, links or other tools to enhance your experience on our website, please do so at your own risk. We provide the links for your assistance only, and we have no control over those other sites or their content. We do not endorse them in any way, and any use of those sites is at your sole risk. Similarly, we have no control over third-party apps and software and do not make any warranties in relation to them. You will need to read and agree to their terms and conditions before using them 

 

To not rely on any “advice” 

Some of the information we provide on our website may be information related to health but it's not meant to be health "advice". We provide this information for your general use only. While we try to provide accurate information, it may be historical, incomplete information or based on opinions that aren't widely held. Your personal situation has not been considered when providing the information, so any reliance on this information is at your sole risk. We recommend seeking independent professional advice before relying on the information we provide.  

 

To be respectful when posting 

We want to encourage you to engage in online discussions in our community. However, we ask that you be respectful when posting. Please don't include any personal information such as your email address or physical address in any posts. Please also follow our posting rules. We don't allow:  

• any disrespectful, inappropriate, offensive, threatening or abusive content;  
• any content that breaches the rights of a third party (e.g. which is defamatory); 
• any content that impersonates any other person, or misleads us as to the origin of your posts; or  
• any advertising, self-promotion or sales. 

 

Where posts do not comply with these rules, or are otherwise objectionable, we may, but are not obliged to remove them. You are solely responsible for all your posts.  

 

WE MAKE NO WARRANTIES OR GUARANTEES 

We need you to know that we make no warranties or guarantees about our website or its Content. We can't guarantee our website will always be available, that your use will not be interrupted or that our website is free from viruses or secure; or that our Content is accurate, complete and current.  

For example, sometimes we will be making changes to our website, or you may come across an old landing page, historical information, incomplete pages or inaccuracies.  If you find any issues, please email us at hello@studiomarigold.shop. 

  

LIMITATION OF LIABILITY AND INDEMNITY 

We exclude, to the maximum extent permitted by law, any liability in connection with your use of our website and its Content. We are not responsible for any Loss or Damage suffered in connection with your use of our website, its Content, any interruptions, changes, suspension or termination of our website or any events beyond our control. 

  

Additionally, you indemnify us for any Claim arising out of or in connection with any third-party links, websites, apps, software, products and services; your breach of this Agreement, your breach of the law including your local laws, or your breach of the rights of a third party. 

  

OTHER 

This Agreement is governed by the laws in WA, Australia and the parties submit to the jurisdiction of the courts of WA, Australia. If any part of these terms and conditions is not enforceable, it shall be severed from this Agreement and the remaining provisions will be in full force and effect. The obligations and liabilities in this Agreement survive termination. The failure to exercise our rights or enforce a provision under this Agreement does not waive the future operation of that right or ability to enforce the provision. 

  

DEFINITIONS 

Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs. 

Content means any content on our website, and could be any trademarks, brand names, logos, all copy, images, art, graphics, music, audio, videos, designs or any other content. 

Copyright means all rights pursuant to the Copyright Act 1968 (Cth).  

Loss or Damage means any loss or damage including, but not limited to, any loss of salary, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss or damage to reputation, loss of data, personal injury, property damage or legal costs.  

We, us, or our means Studio Marigold Pty Ltd (ABN 68 676 789 647) and includes any of our directors, officers, employees, agents, partners and contractors.