11.8 You agree to keep the User Data confidential. You understand and agree that you are fully responsible for all actions and submissions made from your account. If you become aware of any unauthorised use of your account, you should notify us immediately (Email:[firstname.lastname@example.org]).
Cooking Class Terms and Conditions
By booking a Cooking Class or Event via The Mix Australia Pty Ltd ACN 069 944 930 (referred to as ‘we’, ‘us’ or ‘our’) Online Store, you (‘the Participant’) acknowledge that you have read and accepted the following terms and conditions (‘Terms and Conditions’)
1.1 ‘Cooking Class’ means cooking classes held by us including:
1.1.1 Virtual/Studio/Hands on Cooking Classes; and
1.1.2 Demonstration and Seminar Cooking Classes;
1.2 Event’ means the events held by us at various locations.
2. AGE RESTRICTIONS FOR COOKING CLASSES
2.1 Due to occupational health and safety factors, our Studio/Hands on Cooking Classes are only suitable for Participants aged 18 years and over unless it is specifically stated that the class is suitable for children in the event description of the class on the website.
2.2 Our Demonstration and Seminar Cooking Classes are suitable for all ages however, children under the age of 12 years must be accompanied by an adult.
3. ACCEPTANCE OF RISK – COOKING CLASS
3.1 As a participant in one of our Cooking Classes, you understand and accept the inherent risks in the preparation and cooking of food at a Cooking Class.
3.2 By attending a Cooking Class, you agree, to the extent permitted by law, to release, indemnify and hold harmless The Mix Australia and its officers, employees, agents, consultants, licensors, partners and affiliates from liability for any or all damage, loss, costs, expenses, harm and/or injury that may result from, or occur in connection with:
3.2.1 your use of or connection to this site;
3.2.2 your attendance and/or participation at a Cooking Class or Event;
3.2.3 any material or information that you submit, post, transmit or otherwise make available through this site; and
3.2.4 your negligence or misconduct, breach of these Terms and Conditions or violation of any law or the rights of any person.
4.1 Unless otherwise expressly stated, all amounts payable through our online store are in Australian Dollars and inclusive of GST. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
4.2 We reserve the right to change the prices for goods and services in our Online Store at any time before you place an order.
4.3 This clause does not limit your rights as a consumer under the Australian Consumer Law.
5. ORDERS AND CONFIRMATION OF BOOKING
5.1 Order constitutes offer
5.1.1 By placing an order through the Online Store, you make an irrevocable offer to us to purchase the services that you have selected pursuant to these Terms and Conditions. Information contained in this site constitutes an invitation to treat only. No information in this site constitutes an offer by us to supply any services to you – however, we will endeavour to supply your selected services to you.
5.1.2 We will not commence processing any order made through the Online Store unless and until:
• payment for the order has been received by us in full; and
• the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.
5.1.3 We reserve the right at our discretion to:
• at any time prior to your order being accepted in accordance with these Terms and Conditions, cancel all or part of your order; and
– refuse to provide services to you;
– terminate your access to this site; and/or
– remove or edit any content on this site.
5.2 Confirmation of Booking
5.2.1 We will notify you of the acceptance of your order and confirmation of your booking when we send you a confirmation email with a tax invoice.
6. PAYMENT METHODS AND POLICY
6.1 Payment for orders placed through the Online Store may be made by credit card (Visa & Mastercard) processed offline.
6.2 You acknowledge that, to the best of your knowledge and belief, the information provided in the Booking Form is correct and complete.
6.3 Credit and debit card payments
6.3.1 Only VISA/MasterCard are accepted.
6.3.2 Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. We do not charge additional transaction fees for paying by credit card.
6.4.1 While our payment processing and website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than us.
6.4.2 We may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as we consider appropriate at our discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
7. REFUNDS AND OTHER REMEDIES
7.1 Except as otherwise expressly provided in these Terms and Conditions or as required by law, all amounts paid through this site are non-refundable.
7.2.1 If you cancel your ticket more than 14 days prior to the event date, you will receive a refund.
7.2.2 Cancellations received less than 14 days from the event date are non-refundable.
7.2.3 Please advise us of your cancellation by calling the Event Organiser whose details are listed on the event.
7.3 Transfer to another person
7.3.1 At any time, you may transfer your ticket to another person by forwarding a copy of your tax invoice to the person attending in your place, which will serve as a ticket to the Cooking Class or Event.
7.4 Cancellations of Cooking Classes or Events by us
7.4.1 If a Cooking Class or Event is cancelled or rescheduled for any reason such as low attendance or sickness, all Participants will be notified as soon as practicable, and provided with a full refund.
8. FOOD ALLERGIES AND DIETARY REQUIREMENTS
8.1 Under the Australian Consumer Law, we are required to display mandatory advisory and warning statements near food that contains allergens as defined under the Australia New Zealand Food Standards Code.
8.2 Please make our staff aware of any food allergies or dietary requirements you have at the Cooking Class or Event so we can advise you about which foods you should not consume.
9. GENERAL TERMS AND CONDITIONS
9.1 Entry into Cooking Class or Event
9.1.1 To ensure entry into the Cooking Class or Event, please:
• bring the confirmation email to the venue as proof of purchase;
• arrive at least 15 minutes prior to the course commencement time.
9.1.2 Please note that Participants who arrive more than 15 minutes late may be refused entry into the Cooking Class or Event.
9.2.1 Due to occupational health and safety reasons and the comfort of Participants it is a requirement that closed flat shoes are worn to Cooking Classes and Events.
9.3.1 From time to time, we may take photographs and short videos for marketing purposes. Please advise a staff member if you do not consent to the use of your image or voice for such purposes.
9.4.1 We reserve the right to require any Participant to leave at any time during the Cooking Class or Event if staff believe that the Participant is intoxicated, disruptive, offensive to others, dangerous, reckless and /or harmful in any way.
9.5.1 To the extent permitted by law, we are not responsible for the loss or damage of personal items prior to, during or after a Cooking Class or Event.
9.5.2 As a Participant, you may be held financially responsible for any damage to or loss of property caused by you while on the premises.
10. STUDIO/HANDS ON COOKING CLASSES ONLY – BRING YOUR OWN ALCOHOL
10.1 In accepting these Terms and Conditions, you acknowledge that:
10.1.1 you may consume an alcoholic beverage (the equivalent of a standard drink) with your fellow class participants;
10.1.2 you will consume alcohol responsibly in class;
10.1.3 you will follow the directions of The Mix Australia employees and consultants in relation to the serving and consumption of alcohol at all times.
11. VIOLATIONS OF THESE TERMS AND CONDITIONS
11.1 Without limiting any other remedies available to us at law or in equity, we reserve the right to, without notice, temporarily or indefinitely refuse to provide services to you if:
11.1.1 you breach any provision of these Terms and Conditions;
11.1.2 we are unable to verify or authenticate any information that you provide to us; or
11.1.3 we believe that your actions may cause damage and/or legal liability, to us, any of our customers or suppliers or any other person.
12.1.1 This Online Store is provided strictly on an “as is” basis. To the maximum extent permitted by law, we and our officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Online Store or any of its content, and in particular do not represent, warrant or guarantee that:
• the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
• this site will meet your requirements or expectations;
• anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
• the quality of any services, information or other material purchased or obtained through this site will meet any particular requirements or expectations;
• errors or defects will be corrected; or
• this site or the servers that make it available are free of viruses or other harmful components.
12.2 Variations to these Terms and Conditions
12.2.1 We reserve the right to amend these Terms and Conditions and any other policy on this site at any time in our sole discretion and any such changes will, unless otherwise noted, be effective immediately.
12.2.2 Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the services offered through this site.
12.2.3 You may only vary or amend these Terms and Conditions by written agreement with us.
Please direct any questions regarding our terms and conditions to: Customer Service on 1800 004 838.
1. Any promotional gift cards or discount codes that are issued by The Mix will have their own terms and conditions which will be specific to the promotion in which they’re offered.
2. A gift card purchased from The Mix Shop (‘Gift Card’) where the face value of the Gift Card has been paid by a customer in exchange for the Gift Card can only be used to purchase Goods offered for sale on this website including Thermomix (but excluding other Gift Cards and Thermomix purchases using the Easy 3 Payments method).
3. Where the cost of a purchase exceeds the available balance on a Gift Card you must pay the difference using another payment method acceptable to us.
4. You can use more than one Gift Card to make a purchase.
5. Gift Cards are non-refundable and cannot be exchanged for cash, reloaded or topped up. No change will be given for any unused value of a Gift Card.
6. Any unused value will remain in the Gift Card until expiry and can be used towards future purchases.
7. Where you are eligible for a refund on Goods purchased wholly or in part by using a Gift Card we may, at our discretion, issue you with another Gift Card to the same value of the amount paid to purchase the Goods using the Gift Card.
8. Gift Cards purchased from The Mix Shop (‘Gift Card’) where the face value of the Gift Card has been paid by a customer in exchange for the Gift Card expire 3 years from the date of issue. Upon expiry, the Gift Card can no longer be used and any unused value is forfeited.
9. We are not responsible or liable for lost or stolen gift cards, damage to a Gift Card not caused by us or for errors in any details provided to us for the purchase of a Gift Card (including any name, email address or physical address).
TMA reserves the right, without notice to you, to change these terms and conditions at any time and for any reason at TMA’s absolute discretion. TMA will provide notice of any changes to these terms and conditions by posting the proposed revised terms and conditions on the Thermomix Australia website https://thermomix.com.au/pages/website-terms-of-use/#gift