Effective Date: Dec 4th, 2024

Welcome to www.finefolie.com.au (Site).

Here are some general terms and conditions of the use of our studio. Quite simple things regarding being a good sport. If you’re a cool, logical person, you’ll fit right in.

This website is owned and operated by Fine Folie ABN 64525763158, trading as Fine Folie (referred to in these terms as “Fine Folie”, “we”, “us”, and “our”). Please take the time to read the terms of use that apply to your use and enjoyment of our Site, Services and the content made available to you via our Site and our social media (“Terms”). These Terms, together with our Privacy Policy, Conditions of Entry apply to all Site visitors, Merchants, account holders, contributors of content, customers, and other users of the Site (“user”, “you” and “your”).

Consent to site and event terms

By accessing and using our Site, Studio or our social media channels and any other materials made available to you or provided to you on our Site (whether available for purchase or not), you warrant that you: have read and accepted these Terms; and will comply with these Terms.

If you are uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us via hello@finfolie.com.au before proceeding with your purchase or booking.

Changes to these terms

We may need to change or modify our Site and these Terms at any time, consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on our Site.

Your continued use of our Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you.

Acceptance into events, remaining at events and continuing to be enrolled in short-courses and weekly sessions

The safety of all of our patrons is our number one priority. Everyone deserves to feel safe and happy in our studio.

Patrons will not be admitted into our studio if any signs of intoxication or anti-social behaviour are exhibited, including aggressive and rude behaviour or actions deemed a threat to others.
(We want good energy only, of course).

We have the right to deny entry on these terms, and ask patrons to leave, at our own discretion. We are happy to organise safe means of transportation.

For children/those under 18 years of age, if any anti-social or dangerous activity is exhibited, parents will be phoned and students will be required to be picked up. It will then be our decision whether to allow students to remain enrolled or discontinue enrolment with us, based on the safety of other students.
In the case of discontinued enrolment, monies will be refunded for any further, absented, classes.

Event details and registration

All upcoming Event Details and ticket prices (“Event Fees”) are as listed on our Site including whether the event is suitable for under 18s, Family -Friendly, or other specific details. You may register to participate in an Event by completing the Booking Registration Form and paying the Event Fees as advertised. Please note Events have limited capacity and bookings are accepted on a first-in best-dressed basis.

You agree to provide accurate, current and complete information about yourself as requested or directed, and to promptly update this information to maintain its accuracy.

All staff have Working With Children Checks for events suitable to under 18 year olds.

Booking confirmation

Upon purchasing tickets to an Event, your booking will be submitted for processing. You will receive a confirmation email describing the date, time, ticket quantity, and cost of your booking.

Event inclusions

Unless otherwise stated your Event Fees will include entry to the specified Event for one person.

Privacy

These Terms also include our Privacy Policy which sets out how we use your personal information, which you can access here. By using our Site or accessing our products or services, you consent to the usage of your information as described in the Privacy Policy and warrant that all data provided by you is accurate.

Creating an account

To place orders and access some features of the Site, you may need to register an account. This means you will have to give us accurate information, including your name, your business name, address, a valid email address and telephone number, and you must be at least 18 years old. You warrant that any information you provide during the account setup process is correct at the time you provide the information and that you will update information should there be any changes. You will remain solely responsible for the activity that occurs on your account (including orders placed on your account), so keep your account password secure.

Intellectual Property

As part of any Event and on our Site, you will have access to intellectual property owned by us and/or by third parties that license the content to us (“Third-Party Licensed Intellectual Property”). This includes, without limitation, trade marks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as artwork, business names, logos, images, designs, text, videos, audio files, graphics, other files, and software (“Content”). Your participation in an Event, access to and use of our Site, products (including digital products), services and Content does not grant or transfer any rights, title or interest to you in relation to any of the above.

No Commercial Use

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our Site, products, services, Content, Intellectual Property or Third-Party Licensed Intellectual Property in whole or in part without our prior written consent.

Limited Licence

Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of our products (including Digital Products) in any manner whatsoever except as authorised by us.

Prices and payment

All prices are in Australian Dollars (AUD).

We may from time to time provide discounted products and/or services. You may only use one discount code with each purchase. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value.

We accept the following payment methods for products, services or event bookings made via our Site:

Credit Card (Visa, Mastercard, American Express)

PayPal

We accept the following payment methods for products, services or event bookings made in-studio:

Credit Card (Visa, Mastercard, American Express) via Square

Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, we may revoke your access to our products or services or refuse entry to an event.

Gift Cards

Gift Cards are non-refundable and can only be used prior to their expiry date. Expiry is 1 year from issue date.

Gift cards are delivered via email and contain instructions on how to redeem online through our checkout. Our gift cards are not a physical product.

Gift cards are not redeemable for cash. You cannot obtain any cash advance with your Gift Card or receive any portion of the remaining Gift Card Value in cash.

Cancelling or rescheduling

We reserve the right to postpone or cancel a public (ticketed) event where necessary. In the event a public (ticketed) event is cancelled by us, the ticket purchaser will be notified via email or text message no later than 24 hours prior to their session scheduled start time. Ticket purchasers will be offered tickets to another upcoming session, credited the value of their purchase for future use or a refund.

Where a Force Majeure event (including a Government mandated closure of our studio), necessitates that any session is cancelled or postponed, you acknowledge that we will not be responsible for any loss or damage incurred as a result. We will however, as a gesture of goodwill:

offer tickets to another upcoming session;

credit the value of the purchase for future use; or

provide a refund.

You acknowledge that we are not responsible for any breach of a third-party contract or any supplier contract to the events, including to the extent that this means that any part of the event may not proceed (for example an entertainer is unable to attend).

Guest cancellation

Public (ticketed) events

Bookings can be cancelled or rescheduled once for free up to 48-hours before a scheduled session time. Any occasion beyond this will incur a $20 fee.

If cancelling or rescheduling within that 48-hour window, half of your ticket price will be applied.

For bookings of 6+ tickets, there will be a $20 fee per ticket to cancel or reschedule within 48 hours.

When rescheduling, the customer will need to choose the next most convenient session date that is available or we can provide a credit towards a future booking (minus the rebooking fee).

Important: we are very strict on ‘no shows’. If a customer does not show up for the class, we’ll still charge the full amount. We are unable to refund, reschedule or provide credit for a missed session.

Private function events

If the full amount has been paid & there is more than 2 weeks before the session date, we can reschedule your private function to another date that is suitable for yourself and our staff. 

We are unable to refund or reschedule private functions within the 1 week before your session date.

Refunds or exchanges

Deposits

Where you have paid a deposit for an event (including Private Function deposits) you acknowledge and agree that it is fair and reasonable that this payment is non-refundable and non-transferable regardless of whether the event goes ahead.

Event Fees

The Event Fees are non-refundable except as set out in these Terms, otherwise as required by law or at our sole discretion. Nothing in these Terms is intended to modify or otherwise effect your statutory rights under consumer laws or any other applicable legislation.

You acknowledge that you do not obtain the right to a refund where you have changed your mind or you have breached these Terms before or during an Event or you insist on our services being performed in a way that is against our advice.

Competitions, promotions and discount codes

We may from time to time run competitions through our Site and/or through our social media channels. Your participation in those competitions is subject to these Terms and any terms and conditions that are specific to each promotion or competition.

Information and advice

During our Events and on our Site, content, blog articles, and other information will be disseminated that is of a general informational nature only. This information is not intended to constitute or replace professional advice for individual or specific situations. We do not purport to be legal or medical practitioners, financial advisors or any other type of licensed professional and cannot be held liable for any reliance on the information we provide, either on our Site or through our products and/or services.

Any reference to other products or services, programs, courses, processes or other information appearing on our Site does not constitute or imply our endorsement, sponsorship or recommendation in any way.

Submitting content to site and social media

We always appreciate interaction on our social media channels and feedback about our Site, products and services, as it helps us to improve our Site and our products and services. Through the use of our Site, you may be invited to submit a review, and you can also comment on our blog or other parts of our Site or interact with us via our social media channels.

Where you do decide to submit such feedback or comments, you:

warrant that you are the sole author and owner of the intellectual property and any other rights in any content provided (or have the right to use that content with appropriate consents and permissions);

give us permission to post or otherwise use that feedback on our social media or other channels;

waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth) in the content you provide us with; and

warrant that any content provided does not violate these Terms.

We reserve the right to remove a review or comment if such review or comment contains:

libellous or otherwise unlawful, abusive or obscene material;

personal attacks on our employees or another contributor;

material that discloses your personal information; or

Information that is unrelated to the post or content that you have reviewed or commented on.

Our Site and social media channels may feature user reviews of our products and/or services. These reviews are the sole product of their creator. We disclaim all liability with respect to any content submitted by any users.

Testimonials

On our Site, we may present real-life examples of and insights into other customers’ and/or clients’ experiences with our products and/or services for illustration purposes only. Any results presented demonstrate to users what can be possible, but are not intended to represent or guarantee that any current or future users of our programs, courses, products and/or services will achieve the same or similar results.

Where you have provided testimonials (in any format), you acknowledge that we may use these along with reference to you on our Site and social media channels, or any other avenue, for promotional and other purposes at our discretion.

Links to other websites

During our Events or on our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way endorse, control or approve of, nor are we responsible for, the content on those websites. It’s up to you to decide if those websites and their content are suitable and appropriate for you. We also encourage you to review the terms and conditions and privacy policy of any third party sites.

Prohibited use of this site

In addition to any other prohibitions, you must not, under any circumstances, use the Site or its content:

for any unlawful purpose;

to solicit others to perform or participate in any unlawful acts;

to violate any international, federal, or state regulations, rules, laws, or local ordinances;

to attempt to change, remove, deface, hack or otherwise interfere with our Site or any material or content displayed on the Site;

to hack into any aspect of the Site, corrupt data, or cause annoyance to other users;

to infringe upon any other person’s proprietary rights;

to send any unsolicited advertising or promotional material, commonly referred to as “spam”; or

to attempt to affect the performance or functionality of any computer facilities of or accessed through our Site.

Warranties and disclaimers

You agree that accessing our site or attending any of our Events is done so at your own risk.

No oral advice or written information given by Fine Folie nor its affiliates, nor any of their officers’ directors, employees, agents, providers, or the like, shall create a warranty or legal obligation; nor shall the purchaser rely on any such information or advice.

Except as set out in these Terms, this Site and our Events are provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and/or our products or services including that:

they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;

access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or

there is no possibility of failure to store communications or other data.

Limitation of liability

To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for:

any third party content, including advertising and sponsorships, that may be presented at the Event;

Cancellations, postponements, or other changes to the Event that may be required due to unforeseen circumstances;

any misrepresentation or inaccurate information provided by third-party vendors, sponsors, or other participants in the Event; or

any losses or expenses, however arising, including, without limitation, any direct, indirect and/or present, unascertained, future or contingent loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your attendance at or participation in our Events or access to our Site or inability to access our Site or Events , interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date.

Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

Our right to be indemnified by you

To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, sponsors, guest speakers and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of our Site or attending our Events in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.

Breach and termination

The agreement constituted between us by your use of the Site may be terminated:

where you breach any provision of these Terms.

Non-disparagement

Without limiting either party’s rights, each party agrees not to disparage the other or provide negative feedback in a public forum (such as social media or an online review platform) at any time during or following our Events. Where one party is dissatisfied, the issue must be dealt with by contacting the other party and discussing the issue in good faith and/or via arbitration or mediation as set out above under “COMPLAINTS”.

Severability

If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law. The remaining provisions of these Terms will remain in full force and effect.

Ceasing or excluding access to our website or events

We have the right to discontinue our Site or Events. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site or attending future Events at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Entire Agreement

These Terms (together with our Privacy Policy) constitute the understanding and agreement between us and you in relation to your use of our Site and access to our Studios and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, with respect to our Site and your use of our Site.

Electronic communications and electronic signatures

You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through our Site, including but not limited to any consent you provide to receive communications from us. You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means, using an electronic device such as your mobile phone, tablet, desktop, laptop or any other device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.

Governing law and jurisdiction

All Terms shall be construed in accordance with and governed in all respects by the laws of Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly and cost-effectively as possible. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia.

Thank you :)