FULL MEMBERSHIP TERMS AND CONDITIONS

• 1. Purpose

1. 1. Metro Arts Ltd delivers the MAVA Workshop (‘Workshop’) and associated MAVA Workshop Membership/s (‘Membership/s’). Before proceeding with your purchase, please read these Terms and Conditions carefully. By proceeding with the membership signup, you have accepted the following conditions of sale. 
   2. You must not sign up for a Membership unless you agree with these Terms and Conditions. 
   3. References to ‘Metro Arts’ in these Terms and Conditions is to the organisation Metro Arts Ltd, ABN 29 010 100 482 of 111 Boundary Street, West End QLD 4101. 

• 2. Scope

1. 1. These Terms and Conditions apply to all Memberships purchased from Metro Arts through https://metroarts.com.au and https://metroarts.skedda.com/. 

• 3. Relevant Legislation

1. 1. These Terms and Conditions are governed by the laws in force in Queensland, Australia with specific consideration to the following legislation: 

• Competition and Consumer Act 2010 (Cth); and 
• Fair Trading Act 1989 (Qld). 

1. Nothing in these Terms and Conditions exclude or restrict any rights or remedies a Consumer may have under any further Australian Consumer Law. 

• 4. Application of Terms and Conditions

1. 1. By signing up for a Membership, you agree to the creation of a Skedda.com account in your name. If signing up on behalf of someone else you undertake the responsibility to inform them of these Terms and Conditions.
   2. By signing up for a Membership and creating a Skedda.com account, you agree to add your payment details, including but not limited to, card number, card expiry, and billing address to your Skedda.com profile, and agree to Metro Arts’ charging the provided card as per the Membership you have selected, on an ongoing basis if applicable. 
   3. Metro Arts has no control over, or liability for, the platform skedda.com. 
   4. The Workshop’s Health and Safety Conditions of Use and Induction procedures are incorporated into these Terms and Conditions and apply to your Membership. Failure to comply with these procedures may result in a termination of your Membership.   
   5. Your Membership may be subject to additional terms, which will be notified to you prior to purchase. To the extent where there are inconsistencies between the additional terms and these Terms and Conditions, these Terms and Conditions will prevail. 
   6. If any part of these Terms and Conditions is held to be invalid, illegal or unenforceable, it will be disregarded to the extent of its invalidity and the remainder of these Terms and Conditions will remain in full force and effect. 

• 5. Variation to Terms and Conditions

1. 1. These Terms and Conditions may be updated at any time. Variations will come into effect immediately after their publication and apply to any Membership subscriptions made after said publication date. 

• 6. Membership Sales/Subscriptions

1. 1. Memberships are only valid if signed up through Metro Arts and its authorised agent (Skedda.com). If a Membership is sold or used in contravention of this Condition, the Membership may be seized or cancelled without refund or exchange and the bearer of the Membership may be denied use of the MAVA Workshop. 
   2. A legally binding agreement between Metro Arts and you comes into existence at the time you sign up and create a skedda.com account (‘Agreement’). This Agreement means that you are required to complete all payments included in your chosen payment plan (‘Payment Plan’). 
   3. Once confirmed, your Membership and any transaction fees will not be refunded or exchanged, except as required by law. 
   4. Memberships are subject to availability. 
   5. Corporate Memberships allow for the use of the Workshop by up to five (5) employees of the company purchasing the Corporate Membership.  Standard Induction procedures apply and the Memberships are subject to availability.  
   6. Memberships must not be resold at a premium, packaged with other goods or services, offered as a prize or otherwise used for advertising, promotional or commercial purposes (including competitions) without prior written permission from Metro Arts. Memberships may be cancelled in situations which Metro Arts deems are in breach of this Condition, and the bearer of the Membership may be refused entry to the MAVA Workshop. 
   7. Concession priced Memberships are available at the discretion of Metro Arts, and proof of eligibility of concession must be presented to Metro Arts staff upon request. Unless otherwise stated eligible concessions include:

• Seniors holding a valid government-issued Seniors card; 
• Pensioners holding a Centrelink Pension card or Veterans Affairs Repatriation Health Card Card; and
• Full-time students with a valid student ID Card. 

1. Where concession Memberships are purchased, you must provide the applicable, suitable and valid documentation at the time of sign up, if requested. Failure to provide valid documentation will result in an upgrade fee on that Membership. Full or partial refunds are not available if you become eligible for a concession after you have booked.
2. Members must be sixteen (16) years or over to be eligible to purchase any MAVA Workshop Memberships. Members under eighteen (18) years old require consent and supervision from a guardian to purchase a Membership and use the equipment in the MAVA Workshop. 

• 7. Pricing and Payment

1. 1. All Membership prices are quoted in Australian dollars and attract GST, unless stated otherwise. Metro Arts is not responsible for international purchase fees or exchange rates. 
   2. Where the Membership chosen is a membership paid for a six (6) or twelve (12) month period (‘Membership Term’), the overall cost can be paid upfront, or split into a fixed schedule of smaller payments which are collected at regular intervals until all of the payments have been made (‘Payment Plan’) for the Membership Term. 
   3. All Memberships are automatically renewed at the end of the Membership Term, unless written notice of non-intent to renew is provided to Metro Arts 30 days prior to the renewal date. 
   4. Upfront payment of Memberships is paid at the beginning of each Membership Term for each Membership Term.  
   5. Monthly payments via a Payment Plan are paid at the beginning of each month from the date of Membership sign-up for the duration of the Membership Term.   
   6. A transaction fee may apply to your Membership purchase. You will be notified of all applicable fees prior to purchase. 
   7. By signing up for a Membership, creating a skedda.com account and/or adding your payment details to your skedda.com profile, you give Metro Arts permission to charge your provided credit card for the Membership you selected at time of sign up. If you selected a monthly ongoing Membership or a Membership with a Payment Plan, you give Metro Arts permission to charge your provided credit card monthly for payment of the Membership until 30 days after notice of Termination is provided to Metro Arts. 
   8. Metro Arts and Skedda.com may employ the use of third party services for the purpose of facilitating payment and the completion of purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy, and to process payment for the membership that you have selected. 
   9. Refunds or partial refunds will not be given as a result of a special offer or the non-use of applicable discounts prior to completing the Membership purchase. Discounts or promotions cannot be retroactively applied to completed purchases.  To remove doubt, the culmination of the periodic payments as part of a payment plan are a ‘completed purchase’, meaning the individual payments making up either a six (6) or twelve (12) month Membership are not a ‘completed purchase’.  
   10. Metro Arts has the right to vary Membership prices, venue, advertised offerings or capacities with 30 days notice.
   11. If the amount you are charged for your Membership is incorrect (regardless of whether the error arose due to an advertising error online or otherwise communicated to you, human error or a technical malfunction), Metro Arts will cancel the incorrect Membership, create a new correct Membership and reallocate the funds already paid by you to the correct Membership, and communicate with you if any further payment is required.  
   12. You warrant that you have the authority to make payment for your Membership and that you own/hold or have express permission of the owner/holder of the credit card or other payment facility used to purchase the Membership. 

• 8. Delivery of Membership

1. 1. All Memberships are e-memberships unless otherwise specified and will only be delivered to your nominated email address upon receipt of payment. 
   2. If you do not receive your Membership receipt, you are required to contact Metro Arts to confirm the Membership payment was successful and to have the issue rectified. Metro Arts takes no responsibility for incomplete Membership subscriptions, or unsuccessful Membership payments, where you have not  attempted to confirm the order. 
   3. In the event that a duplicate copy of the Membership appears, Metro Arts reserves the right to request proof of identity and proof of purchase. Unauthorised duplicate Membership holders will be refused entry to the Workshop. 

• 9. Membership Termination

1. 1. If you are on an ongoing monthly Membership, you may cancel your Membership at any time. To cancel the Membership, you must notify Metro Arts in writing via workshop@metroarts.com.au  with 30 days notice.  
   2. If you hold a six (6) or twelve (12) month Membership either paid upfront or via a Payment Plan, you must hold your Membership for the full term. The Membership will automatically renew at the end of the Membership Term unless you notify Metro Arts of their wish to not renew their membership 30 days prior to the end of the Membership Term. 
   3. Metro Arts reserves the right to terminate or suspend your account, Membership and/or Workshop access at any time with or without refund, cancellation of the payment plan, notice or liability under our sole discretion for any reason whatsoever and without limitation. We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. Reasons for termination include but are not limited to: 

• Breach of these Terms and Conditions including Workshop Health and Safety Terms and Conditions and Induction Procedures; 
• Abusive or inappropriate behaviour to any members of Metro Arts’ team; 
• Abusive or inappropriate behaviour towards other Members; 
• Non-payment of Payment Plan/s; or
• Failure to comply with workshop health and safety procedures and policies. 

1. Termination of Membership by Metro Arts  does not exempt you from completing any outstanding payment plans. 

• 10. Use of Membership and Inclusions

1. 1. You acknowledge that the Workshop is open for bookings as part of your Membership Wednesday, Friday and Saturday between the hours of 9am and 4pm (excluding public holidays). These times are subject to change and may be updated and advised at the discretion of Metro Arts. 
   2. You are provided with a Skedda.com account as part of their Membership. 
   3. You must use metroarts.skedda.com to book use of the Workshop, including relevant inductions. Members cannot use and/or access the Workshop or any associated tools unless the booking has been made in advance. 
   4. You must complete relevant inductions prior to using the specific areas of the Workshop (‘Inductions’) and sign the relevant paperwork confirming your understanding of and commitment to follow the instructions outlined in the Induction. 
   5. Inductions must be booked in advance via metroarts.skedda.com. 
   6. Six (6) and twelve (12) month Memberships include the required General/Woodshop Induction, and no additional charges will be required to book this Induction. 
   7. Monthly Memberships do not include the required General/Woodshop Induction and an additional fee will be required to book this Induction. 
   8. Additional Inductions are required to use the equipment located in the CNC and Metal Shop spaces. These inductions incur an additional fee per Induction for all Members, regardless of Membership type at time of booking. 
   9. Memberships cannot be transferred, shared with others or used by others.

• 11. Conditions of Entry

1. 1. Attendance at the Workshop and the right of admission is reserved by Metro Arts. 
   2. You may be refused entry or required to leave the Workshop if you do not comply with the relevant Workplace Health and Safety provisions, the machinery and site Inductions, these Terms and Conditions, and the Workshop’s Conditions of Use. Memberships will not be exchanged or refunded in these circumstances, unless required by law.  
   3. You agree to comply with all rules imposed by Metro Arts regarding the use of the Workshop and the Workshop equipment (‘Equipment’) communicated to you through the Induction procedures. 
   4. You agree to conduct yourself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose.
   5. Entry to the Workshop cannot be guaranteed if you arrive later than your booking time. 
   6. All Members agree to abide by all social health protocols and directives as mandated at the time of use of the Workshop, including but not limited to mask wearing, contract tracing, social distancing and mandated vaccination. Anyone not abiding with these directives or instructions provided by Workshop staff may be asked to leave the Workshop immediately, without refund or further recourse. 

• 12. Refunds, cancellations and changes

1. 1. Once confirmed, your Membership and any transaction fee will not be refunded, except as required by law. 
   2. If a Workshop or Induction booking is canceled, rescheduled or significantly relocated, Metro Arts will attempt to notify the booked Members. While Metro Arts will take all reasonable endeavours to inform Members of changes, Metro Arts does not guarantee that the Member will become informed prior to the booking. 
   3. Metro Arts, at its discretion, may offer partial refunds and/or full refunds, even when not required by law. 
   4. To the extent permitted by Law, Metro Arts are not liable to refund to you any amount beyond the face value of the Membership in any circumstance. 

• 13. Promotions and Competitions

1. 1. If you receive your Membership as a prize, gift, donation or otherwise for no cost, these Terms and Conditions, and the Terms and Conditions of the relevant promotion or competition, apply to your use of the Membership. 

• 14. Privacy

1. 1. By purchasing a Membership, you consent to the collection, use, disclosure and handling of your personal information as governed by the Information Privacy Act 2009 (Qld) and the Privacy Act 1988 (Cth), and the Information Privacy Principles established under these Acts. By purchasing a Membership, you consent to receive a survey about your experience at Metro Arts and your use of the Workshop at the end of your Membership or periodically during your Membership. This does not automatically include you in any marketing and promotional database. Completion of the survey is optional and responses are anonymous.

• 15. Voluntary Assumption of Risk

1. 1. You enter the Workshop at your own risk. You understand that attendance at the Workshop and/or use of any Equipment, may carry with it certain dangers, including the risk of injury and damage to you or your property.
   2. By attending the Workshop and using the equipment, you accept the risk of damage and loss (including property damage, personal injury, economic and consequential loss) howsoever arising (including by negligence) at the Workshop. This includes damage or loss caused by acts or omissions of other Members, visitors, guests, and the employees and agents of Metro Arts.  

• 16. Risk, Damage and Indemnity 

1. 1. You understand and acknowledge that the use of the Workshop and the Equipment involves risk of serious injury, including permanent disability and death.  By purchasing a Membership you accept, and freely and knowingly assume this risk.  
   2. By attending the Workshop and using the Equipment, you accept the risk of damage and loss, including property damage, personal injury, economic and consequential loss.  This includes damage or loss caused by acts or omissions of other Members, visitors, and guests.  
   3. Metro Arts will not be responsible to pay you compensation in respect of: 

• Bodily injury (which expression includes death or illness); or
• Damage of property (which expression includes loss of property); 

Unless such bodily injury or damage to property occurs as the result of a negligent act on the part of Metro Arts.

1. Metro Arts will use its best endeavours to train you in the safe use of the Workshop and Equipment through its Induction procedures. 
2. You understand and acknowledge that Metro Arts does not provide constant supervision, instruction, or assistance for the use of the Workshop and Equipment after your scheduled Induction.   
3. Subject to 16.3 you accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses you may incur, and hereby release and discharge Metro Arts, its insurers, employees, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of the Workshop and/or Equipment.  
4. You must comply with Metro Arts’ policy regarding the reporting of incidents, injuries and property damage. 

• 17. Changes to these Terms and Conditions

1. 1. Metro Arts maintains its right to amend these Terms and Conditions at any time.
   2. If further information or clarification is required regarding the content of these Terms and Conditions, please contact Metro Arts’ office via workshop@metroarts.com.au or (07) 3002 7100. 

• 18. Review Details

1. 1. These Terms and Conditions were reviewed by Metro Arts Ltd on 4 August 2023. 

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