TERMS AND CONDITIONS

These are the terms and conditions on which Marissa Abel is trading as SmileStones AUS (we, us, SmileStones) supply Services 4. to you.

(b) the Contract between us is terminated in accordance with these terms and conditions.

PRICE AND PAYMENT

1. DEFINITIONS

1.1 In these terms and conditions, the following terms have the following meanings:

Booking Request means a request to book a Class, a set of Classes together (a Term) or any other Services, whether made in person, over the phone or via our website.

Classes means the infant exercise classes supplied by us, as described on our website from time to time.

  1. 4.1  The price of the Services (which includes GST where applicable) will be the price indicated on our website from time to time, and the price you have been charged will be as on our confirmation of your Booking Request.

  2. 4.2  We will inform you of what payment methods we can accept and when you must pay for the Services at the time of placing your Booking Request. Where payment is made in advance, your payment will be held securely and will not be processed until we accept your Booking Request. Payment for our Services must have been made in full as agreed between you and us before we provide any of our Services to you.

Participating Child means the child under your care or 5. supervision who attends or participates in a Class or otherwise 5.1 receives Services.

RESPONSIBILITY

You and your Participating Child must comply with our policies and procedures at all times, including any policies and procedures in relation to health and safety.

Services means the Classes and any other services that we may agree in writing to provide to you from time to time.

1.2 A reference to “writing” or “written” includes email.

2. CONTRACT

5.2 By booking or attending a Class, you agree and warrant that both you and the Participating Child are able to take part in our Classes or receive Services from us, and that it would not be harmful to either you or the Participating Child’s health, safety, comfort or physical condition to do so.

  1. 2.1  These terms and conditions form the basis of the contract 5.3 between us, which will come into existence when we notify you
    that we have accepted a Booking Request, which we may do in person, by email, text or when you receive a booking confirmation via our website (in each case, the Contract).

  2. 2.2  If we have not accepted a Booking Request, we will not charge
    you for any Services the subject of the Booking Request, and no Contract will be created between us. We reserve the right to refuse to accept any Booking Request for any reason at any time. 5.4

  3. 2.3  The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract. To the maximum extent permitted by law, no other terms are implied by trade, custom, practice or course of dealing.

3. THE SERVICES

3.1 The descriptions of the Services that we provide on our website, in flyers or verbally are for indicative purposes only. Although we have made every effort to describe the Services accurately, Services will vary between Classes and age groups. We may make changes to the Services from time to time, for example, to implement adjustments and improvements, to respond to customer needs or address health and safety concerns.

You undertake to advise us of all and any ailments or physical or mental conditions that may afflict your Participating Child before any Class or using any Services. We will not be liable for any loss, injury or damage suffered by you or the Participating Child where you have failed to inform us about an affliction, ailment or condition, or you or the Participating Child do an activity, which you are aware (or should have been aware) would or might be detrimental in any way to you or the Participating Child.

We will need certain information from you so that we can supply the Services to you, for example, the names of any Participating Children, medical conditions, and any immunisations given to the Participating Children. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the information we need. We will not be responsible for any loss, injury or damage suffered by you or a Participating Child if any of the information provided to us is inaccurate, incorrect or incomplete.

3.2 When you make a Booking Request, you may be able to purchase individual Classes or a number of Classes up to a Term. Where you 5.6 purchase Classes individually, each Class will be provided on the
date stated in our acceptance of your Booking Request. Where

you purchase a Term, your Term will commence on the first Class stated in our acceptance of your Booking Request and we will supply the Services to you until either:

(a) the Services are completed and the Term expires; or

You must not attend a Class, or allow a Participating Child to attend a Class, if you or they are ill, have had a fever or cough within 7 days prior to the Class, have had an upset stomach, vomiting or diarrhoea in the 48 hours prior to the Class, have heavy nasal discharge, have discharging eyes or conjunctivitis, or have symptoms of any possible communicable disease including cold, flu, Covid-19, measles, chicken pox, German measles, whooping cough, impetigo, scarlet fever, hand foot and mouth disease or norovirus.

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5.5 You are responsible for the use of our Services by yourself and the Participating Child and attend our Classes and use the Services (whether in a Class or elsewhere) at your own risk. You are responsible for supervising the Participating Child at all times, including during Classes. We will not be responsible for any loss, damage or injury suffered by you, the Participating Child or any other child in your care as a consequence of you not supervising your Participating Child or following our instructions during the provision of the Classes or the Services.

  1. 5.7  Any property and belongings that you or a Participating Child bring to a Class are your responsibility, and we will not be responsible for any loss of or damage to such property.

  2. 5.8  The Services are not physiotherapy sessions and are not designed
    to treat any ailments or conditions of the Participating Child requiring physiotherapy treatment. All information provided in 7.3 the Classes or during the Services is general in nature and is not tailored to the needs of any individual Participating Child. If you

    have any questions or concerns about a medical or physical condition of a Participating Child, you should make an 7.4 appointment with an appropriate health professional.

5.9 To the maximum extent permitted by law, we (and our directors, officers, employees, affiliates, agents, contractors and suppliers from time to time) will not be liable to you or to a Participating Child for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your or their use of the Services or any products procured or used during the Services, or for any other claim related in any way to the use of the Services.

there is a risk of substantial delay and we are not able to reschedule Classes, provide a credit for missed Classes or provide suitable online Classes, you may contact us to end the Contract and receive a refund for Services that you have paid for but not received.

If you do not make payment for the Services when due, we may suspend the supply of Services by notice to you until all outstanding amounts are paid.

We may end the Contract:

  1. (a)  if you commit a serious breach or if you breach the Contract on multiple occasions; or

  2. (b)  if you do not make payment when due and do not make payment within 7 days of us notifying you that payment is due,

in which case we will not be obligated to refund to you any sums that you have paid in advance for Services that you did not receive.

7.5 We may end the Contract at any time for any reason. If we end the Contract, other than in the circumstances set out in paragraph 7.4 above, we will refund to you any amounts that you have paid in advance for Services which we will not provide.

5.10 Nothing in this paragraph is intended to exclude, restrict or modify the application of Part 5-4 of the Australian Consumer Law
in section 2 of the Competition and Consumer Act 2010 (Cth) (ACL). If we are liable to you in relation to a failure to comply with
a guarantee that applies under Division 1 of Part 3-2 of the ACL 7.6 that cannot be excluded, our total liability to you for that failure

is limited to, at our option, the resupply of the Services or the payment of the cost of resupply. Nothing in this paragraph limits our liability for death or personal injury caused by our or our employees’ negligence or wilful misconduct, fraud or fraudulent misrepresentation or where liability cannot be excluded by applicable law.

6. INTELLECTUAL PROPERTY RIGHTS

  1. 6.1  All intellectual property rights in our Classes or any other Services, including any materials provided to you in our provision of the same belongs to us. Unless otherwise permitted by these terms, you must not permit any other person to use or benefit from any materials or information provided to you in the course of us providing you with our Services.

  2. 6.2  You are welcome to take photos of your Participating Child during 8. Classes, and to share these on social media or with your friends
    and family, but we do not permit video recording of Classes. 8.1 However, this activity should not be a distraction to the Class. You

    may not take photos or videos of other children without their parents’ permission).

7. DELAY AND CANCELLATION

You may end the Contract at any time for any reason by giving us notice in writing. You will not be entitled to a refund of any payments that you have made in respect of the Services, whether such Services have been received or not, unless:

  1. (a)  paragraph 7.2 above applies;

  2. (b)  we have told you about an error in the price or description of the Services which you have ordered and you do not wish to proceed; or

  3. (c)  we commit a serious breach of any provision of these terms,

in which case we will refund any payments made for Services which have been paid for but not received at the date we receive your notice.

GENERAL

We may assign or transfer the Contract to any other person. We will provide you with notice in writing if we do so. You may not transfer the Contract to any other person without our consent in writing.

7.1 If you are unable to attend a Class and provide reasonable notice
to us, we may allow you to transfer or cancel your Class to any 8.3 other Class within a Term, but this shall remain at our discretion
at all times. We will not be obliged to provide a refund or transfer

Any delay in enforcing any right of ours under these terms and conditions does not prevent us from enforcing it later.

your payment for any Services that you paid for but did not receive.

7.2 We shall not be responsible for delays to the Services for events outside our control. We will contact you as soon as possible to let you know of any delay, and use reasonable efforts to minimise the effect of the delay, for example, by offering rescheduled dates for Classes, offering credit for the value of missed Classes, or offering online Classes as a suitable alternative, at our election. If

8.4 These terms and conditions are governed by the laws of New South Wales.

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