Terms and Conditions

1. About the Website

(A) Welcome to www.positivelysew.com (Website). The Website provides Online sewing classes, tools and products (Services).

(B) The Website is operated by Positively Sew (ABN 54976254140). Access to and use of the Website, or any of its associated Products or Services, is provided by Positively Sew. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

(C) Positively Sew reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Positively Sew updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Positively Sew in the user interface.

3. Subscription to use the Services

(A) In order to access the Services, you must first purchase a subscription through the Website (Subscription) and pay the applicable fee for the selected Subscription (Subscription Fee).

(B) In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.

(C) Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (Account).

(D) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(i) Email address

(ii) Preferred username

(iii) Child(ren)’s name(s)

(iv) Mailing address

(v) Telephone number

(vi) Password Details about child’s preferences

(E) You warrant that any information you give to Positively Sew in the course of completing the registration process will always be accurate, correct and up to date.

(F) Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (Subscription Period).

(G) The minimum Subscription Period is 4 months.

(H) You may not use the Services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with Positively Sew; or

(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4. Your obligations as a Member

As a Member, you agree to comply with the following:

(a)You will use the Purchase Services only for purposes that are permitted by:

(i)the Terms;

(ii)any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(b)you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;

(c)any use of your registration information by any other person, or third parties, is strictly prohibited. Use by your child is accepted. You agree to immediately notify Positively Sew of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(d)access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you and your child for the purposes of Positively Sew providing the Purchase Services;

(e) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Positively Sew;

(f)you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(g)you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Positively Sew for any illegal or unauthorised use of the Website; and

(h)you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

5. Purchase of Products and Returns Policy

(i) In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').

(ii) Payment of the Purchase Price may be made through Stripe (the 'Payment Gateway Provider'). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

(iii) Following payment of the Purchase Price being confirmed by Positively Sew, you will be issued with a receipt to confirm that the payment has been received and Positively Sew may record your purchase details for future use.

(iv) Positively Sew may, at their sole discretion, provide a refund on the return of the Products within 5 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

6. Refund and Cancellation Policy

(A) Positively Sew will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Positively Sew makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances . Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (Refund).

(B) Cancellations are only accepted if the first box from the subscription hasn't been posted and email notification is received Positively Sew by Tuesday. Refunds will be processed the following week.

7. Warranty

(A) Positively Sew's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').

(B) You may make a claim under this clause (the 'Warranty Claim') for material defects and workmanship in the Products within 1 month from the date of purchase (the 'Warranty Period').

(C) In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Positively Sew showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Positively Sew by email at [email protected].

(D) Where the Warranty Claim is accepted then Positively Sew will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

(E) The Warranty shall be the sole and exclusive warranty granted by Positively Sew and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.

(F) All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

(G) The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

8. Shipping

Pack and post occurs weekly on Thursdays or Fridays. The cutoff date is Tuesday for boxes to be sent that Thursday or Friday. Otherwise it’ll be shipped the following week.

9. Delivery Services

(A) You acknowledge that the Purchase Services offered by Positively Sew integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').

(B) In providing the Purchase Services, Positively Sew may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Positively Sew is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

(i) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and

(ii) contact us immediately by sending an email to [email protected] outlining in what way the Products were damaged in transit (including photos) so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

10. Use License

(a) Permission is granted to temporarily download one copy of the materials(information or software) on website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

(i) modify or copy the materials;

(ii) use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

(iii) attempt to decompile or reverse engineer any software contained on the website;

(iv) remove any copyright or other proprietary notations from the materials; or

(v) transfer the materials to another person or "mirror" the materials on any other server.

(b) This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

11. Payment

(A) Where the option is given to you, you may make payment of the Subscription Fee by way of:

(i) Credit Card Payment (Credit Card)

(B) All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.

(C) You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.

(D) You agree and acknowledge that Positively Sew can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

12. Copyright and Intellectual Property

(a) The Website, the Services and all of the related products of Positively Sew are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Positively Sew or its contributors.

(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Positively Sew, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

(i) use the Website pursuant to the Terms;

(ii) copy and store the Website and the material contained in the Website in your device's cache memory; and

(iii) print pages from the Website for your own personal and non-commercial use. Positively Sew does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Positively Sew.

(c) Positively Sew retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

(d) You may not, without the prior written permission of Positively Sew and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

(i) use the Website pursuant to the Terms;

(ii) copy and store the Website and the material contained in the Website in your device's cache memory; and

(c) Positively Sew retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

13. Privacy

Positively Sew takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Positively Sew's Privacy Policy, which is available on the Website.

14. General Disclaimer

(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(b)Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(ii) Positively Sew will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Positively Sew make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Positively Sew) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website, the Services or any of the products of Positively Sew; and

(iv) the Services or operation in respect to links which are provided for your convenience.

15. Education Services

(A) By using our services, you agree that Positively Sew is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold Positively Sew liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by Positively Sew.

(B) All our information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional, financial or legal advice. Results are not guaranteed and Positively Sew takes no responsibility for your actions, choices or decisions.

16. Limitation of liability

(A) Positively Sew's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

(B) You expressly understand and agree that Positively Sew, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

17. Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by Positively Sew as set out below.

(b) If you want to terminate the Terms, you may do so by:

(i) providing Positively Sew with 30 days' notice of your intention to terminate; and

(ii) closing your accounts for all of the services which you use, where Positively Sew has made this option available to you.

Your notice should be sent, in writing, to Positively Sew via the 'Contact Us' link on our homepage or emailing [email protected] with an email titled “Ending Subscription”

(i) you do not renew the Subscription at the end of the Subscription Period;

(ii) you have breached any provision of the Terms or intend to breach any provision;

(iii) Positively Sew is required to do so by law;

(iv) the provision of the Services to you by Positively Sew is, in the opinion of Positively Sew, no longer commercially viable.

(d) Subject to local applicable laws, Positively Sew reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Positively Sew's name or reputation or violates the rights of those of another party.

18. Indemnity

You agree to indemnify Positively Sew , its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a)all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

19. Dispute Resolution

19.1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

19.2. Notice: A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

19.3. Resolution: On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Conflict Resolution Service or his or her nominee;

(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(d) The mediation will be held in Perth, Australia.

19.4. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

19.5. Termination of Mediation: If 3 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

20. Venue and Jurisdiction

The Services offered by Positively Sew is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.

21. Governing Law

The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

22. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

23. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Cookie policy

This cookie policy ("Policy") describes what cookies are and how Website Operator ("Website Operator", "we", "us" or "our") uses them on the our website and any of its products or services (collectively, "Website" or "Services").

You should read this Policy so you can understand what type of cookies we use, the information we collect using cookies and how that information is used. It also describes the choices available to you regarding accepting or declining the use of cookies. For further information on how we use, store and keep your personal data secure, see our Privacy Policy.

What are cookies?

Cookies are small pieces of data stored in text files that are saved on your computer or other devices when websites are loaded in a browser. They are widely used to remember you and your preferences, either for a single visit (through a "session cookie") or for multiple repeat visits (using a "persistent cookie").

Session cookies are temporary cookies that are used during the course of your visit to the Website, and they expire when you close the web browser.

Persistent cookies are used to remember your preferences within our Website and remain on your desktop or mobile device even after you close your browser or restart your computer. They ensure a consistent and efficient experience for you while visiting our Website or using our Services.

Cookies may be set by the Website ("first-party cookies"), or by third parties, such as those who serve content or provide advertising or analytics services on the website ("third party cookies"). These third parties can recognize you when you visit our website and also when you visit certain other websites.

What type of cookies do we use?

Necessary cookies

Necessary cookies allow us to offer you the best possible experience when accessing and navigating through our Website and using its features. For example, these cookies let us recognize that you have created an account and have logged into that account to access the content.

Functionality cookies

Functionality cookies let us operate the Website and our Services in accordance with the choices you make. For example, we will recognize your username and remember how you customized the Website and Services during future visits.

Analytical cookies

These cookies enable us and third-party services to collect aggregated data for statistical purposes on how our visitors use the Website. These cookies do not contain personal information such as names and email addresses and are used to help us improve your user experience of the Website.

Social media cookies

Third-party cookies from social media sites (such as Facebook, Twitter, etc) let us track social network users when they visit our Website, use our Services or share content, by using a tagging mechanism provided by those social networks.

These cookies are also used for event tracking and remarketing purposes. Any data collected with these tags will be used in accordance with our and social networks' privacy policies. We will not collect or share any personally identifiable information from the user.

What are your cookie options?

If you don't like the idea of cookies or certain types of cookies, you can change your browser's settings to delete cookies that have already been set and to not accept new cookies. To learn more about how to do this or to learn more about cookies, visit internetcookies.org

Changes and amendments

We reserve the right to modify this Policy relating to the Website or Services at any time, effective upon posting of an updated version of this Policy on the Website. When we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes. Policy was created with WebsitePolicies.

Acceptance of this policy

You acknowledge that you have read this Policy and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to use or access the Website and its Services.

Contacting us

If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to our use of cookies, you may contact us.

This document was last updated on January 29, 2024

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