Terms and Conditions

T&Cs

Enrolment Confirmation: By clicking on the enrol now button via the website, you will be asked to make payment via credit card in order to secure your booking.  This indicates you have read and agreed to our terms and conditions listed below.

Payment Terms: In order to secure your enrolment, full payment is required upon booking for the entire term or the remaining of term from when you join. We cannot hold spaces. 

Refund Policy: Making Rainbows does not offer refunds for fees paid. Upon paying fees for a term, you have considered and committed to the Making Rainbows program.

We do not offer refunds due to change of family commitments (change of work days, day care days) or holidays. We do not offer refunds for change of mind.

In extenuating circumstances an application for a refund may be applied for in writing however all refunds will incur an Administration Fee of $30.

Fees are only refundable under exceptional circumstances (e.g. hospitalisation, long term absence due to ongoing illness) with a medical certificate provided and then at the discretion of Making Rainbows.

Refunds are calculated from the date Making Rainbows is informed of your intention to cancel, less the admin fee. If the notification is received the same day as your scheduled class that session is not include in the refund.

Venue Class Shuffling: Pending available spaces, where possible Making Rainbows will allow clients to shuffle into other venues prior to the term starting and/or mid term. If the client wishes to shuffle into another venue after their initial booking, a refund will not be offered for any weeks unused, that is at the discretion of the client. 

Fee Credit/Deferments: An application for a ‘credit’ of fees may be applied for in writing to admin@makingrainbows.com.au. If approved, this must be used by the next upcoming term in consecutive weeks. 

You are also welcome to ‘gift’ your spot and remaining sessions to a friend or family member if you are no longer able to finish the full enrolment. 

Make-Up Class Policy: If you miss a session and would like to reserve a make-up class, please email admin@makingrainbows.com.au to reserve a spot in the make-ups held at the end of every term. More information on how to book  can be found on our FAQ page. There are no make-up spaces provided at any other venues. Make up sessions are subject to availability and limited to 2 classes per term. Any classes not made up during the same term are forfeited and cannot be refunded or carried over to another term. Turning up to these session without a prior booking is not permitted. You are also entitled to ‘gift’ your missed class to a friend/colleague or family member. 

Illness: Making Rainbows believes that babies and young children should be immunized, and you warrant that the child/ren in your care will not attend if they are unwell, including communicable, contagious or notifiable illnesses. Under the current Public Health Act 2005, this legislation does not make immunisation mandatory and does not force a service to refuse enrolment or attendance of children whose immunisation status are not up-to-date.

If your child exhibits vomiting, diarrhea, has an excessive rash, a persistent cough or green runny nose or obvious contagious conditions, such as head lice or conjunctivitis or a fever over a certain temperature (typically 38C), please refrain from attending Making Rainbows sessions. Bringing other unwell children or siblings, who have been kept home from school to a Making Rainbows class is also not permitted. 

Accidents: Making Rainbows Pty Ltd takes no responsibility for personal loss or injury sustained during the session. As you are present in class with your child, you remain responsible for the safety of yourself and your child/ren, relinquishing Making Rainbows Pty Ltd of any liability. 

Cancellation of classes: Making Rainbows endeavours to run every class we have committed to! However should we need to cancel a class, parents will be contacted by email and/or text. Making Rainbows reserves the right to cancel classes without refund in exceptional circumstances beyond our control i.e. unpredictable storms and bad weather, the sudden closure of a leased venue (meaning a hired location not controlled or owned by Making Rainbows Pty Ltd), other varied cases of emergency, or unforeseen unavailability of a staff member. 

If class enrolments are not enough to operate at a venue due to unforeseen drop-outs or client shuffling, we can also cancel the session mid-term. 

Client Confidentiality and Privacy: Please note that Making Rainbows Pty Ltd do use images and photos taken during class on our Facebook Page and other media. This is only once full consent and permission of the parent/Guardian has been given, in writing via a signature form provided in class. 

Trial Classes: A trial session may only be reserved pending enrolment numbers and availability. Trial spaces are not considered as ‘secure’ and if a full term client wants to enrol for the full term in the interim, they will receive priority. Trial spaces cannot be guaranteed during long mid-term breaks (during the 6 week holiday between December until January), as spaces fill fast and clients wishing to enrol for a full term enrolment will receive priority. 

Sensory items & allergies: Examples of sensory items used in class i.e Oates, non-toxic glues, food colouring, synthetic hay and grass etc are sometimes used. Please let the teacher know if your child has any specific allergies. Making Rainbows Pty Ltd takes no responsibility for personal loss or injury sustained during the session. We also ask that parent’s refrain from consuming nuts within the confines of the classroom and while other children are present. You remain responsible for the safety of yourself and your child/ren, relinquishing Making Rainbows Pty Ltd of any liability. 

Abusive Behaviour: Should a client exhibit any behaviour that may be considered as intimidating, threatening or offensive, whether this be over the phone, in class, towards a teacher or another client, their enrolment will be forfeited immediately and a life-time ban from Making Rainbows implemented. We will not tolerate any aggressive language, raising of voice or disrespect to our colleagues or clients. 

Facilitator / Teacher Venue Shuffling: We reserve the right, when necessary to shuffle the Facilitator/Teachers into other venues when required with no notice. 

Holiday Sessions (run in December): Payment is required upon booking online and non-refundable. $20 per child (children who are under the age of 9 months who are attending with an older sibling, attend for free).

Data Protection: The information you provide during registration contains personal data. Making Rainbows will record, process and keep your personal information secure in accordance with the Australian Privacy Act 1988. Information will not be passed/sent out to a third party.

Newsletter: In registering for a trial or enrolment you are agreeing to receive mail-chimp newsletter and other ad-hoc communications, but can opt out at any time via the ‘unsubscribe’ provided in the footer of the email. 

Website Terms of Use and Privacy: Can be viewed on the website.

Online Facebook LIVE / Digital Video Purchase Terms & Conditions

All users of the site must accept and agree to abide by the terms and conditions. If the user does not agree with the terms & conditions outlined, they must cease to make the purchase.

1. Terms and conditions for Facebook LIVE / online video / content purchases:

1.1 Definitions

In these terms and conditions, the following terms shall have the following meanings, unless otherwise stated:

(i) The website – www.makingrainbows.com.au / Facebook Group https://www.facebook.com/groups/217865572833385/

(ii) Registered user – individual who has registered on the Making Rainbows Pty Ltd website / Facebook Group

(iii) Item or items – downloadable online videos / Facebook LIVE or resource pack

(iv) Point of sale – the time at which an item is made available for download / purchase and a registered user confirms their intention to purchase the item.

1.2 Making Rainbows Pty Ltd operates an online platform for the sale of digital videos & a Facebook LIVE program relating to music, movement and sensory play and also provides an optional resource pack.

1.3 Making Rainbows Pty Ltd operates for the purposes of commercial activity.

1.4 The following terms and conditions relate to the purchase of digital videos via the website www.makingrainbows.com.au  and also the Facebook LIVE program and must be accepted if user decides to purchase.

1.5 These terms and conditions for online purchases should be read in conjunction with the terms and conditions related to the use of the website, the copyright statement and Making Rainbows Pty Ltd privacy and data protection statements.

1.6 Making Rainbows Pty Ltd reserves the right to change these terms and conditions from time to time without prior notification.

2. General conditions:

2.1 All videos / programs / items purchased are for the sole use of the registered user or subscriber (individual or organisational) as the case may be and are for private and domestic use only. The registered user undertakes not to copydistributeshare or otherwise broadcast any items purchased from Making Rainbows Pty Ltd. One user = one copy.

2.2 All details provided through the site for the purposes of purchasing items are correct at the time of purchase.

2.3 All communication with Making Rainbows Pty Ltd in respect of the purchase of items should be done through the site or by email to enquires@makingrainbows.com.au.

2.4 As part of the registration process to purchase the digital videos via the Making Rainbows website, all users must define a username, provide a valid email address, mailing address and create a password.  Facebook LIVE must purchase the program via the online bookings page and then request to access to closed Facebook Group. It is the responsibility of the registered user to ensure that every effort is made to keep the registration details secure and not to disclose them to anyone. Usernames cannot be transferred and registered users must not permit, either directly or indirectly, anyone other than themselves to use their username and password for the purchase of items.

2.5 It is the responsibility of the registered user to keep the username, password and contact details up-to-date.

2.6 These terms and conditions shall be governed in all respects by English law as if the contract was wholly entered into and wholly performed within England. The parties hereby submit to the exclusive jurisdiction of the English courts.

3. Conditions of order processing incl. Refunds):

3.1 Items may be purchased using credit or debit cards only.

3.2 Occasionally, technical reasons may result in a delay to registered users being able to access the video / item. Making Rainbows will make all reasonable endeavours to resolve any technical issues as soon as possible.

3.3 Credit / debit cards are debited at point of sale as defined in clause 1.1(v). Any delay to the registered user’s access to the item for technical reasons will be dealt with as outlined in item 3.2.

3.4 Prices quoted on the site are inclusive of GST and represent the price that will be charged to the registered user’s credit or debit card at point of sale.

3.5 The contract is formed between Making Rainbows Pty Ltd and the registered user at the point of sale and will be confirmed by email to the email address supplied through the site. This confirmation email amounts to our acceptance of your offer to purchase the item.

3.6 Purchased items are non-exchangeable, non-transferable and non-refundable except where the registered user can prove that the item was wrongly described or was incorrectly supplied.

3.7 Any videos or items which is found to be un-watchable or technically damaged should be notified to Making Rainbows by email to enquires@makingrainbows.com.au as soon as possible but no later than 7 days after point of sale. Making Rainbows will take reasonable steps to provide a solution to any technical difficulties in downloading / watching the videos within 7 days of notification or may offer a refund the cost of the item at the business’s discretion.

3.8 It is the responsibility of the registered user to submit refund claims within 7 days of point of sale. Refunds will be at the discretion of Making Rainbows. Such refunds will be processed within 14 days of receipt of the claim. Making Rainbows reserves the right to refuse a refund and their decision is final.

3.9 Registered users are able to cancel the purchase of an item prior to the point of sale, in which event no debit from the credit or debit card will be made by Making Rainbows.

3.10 Once the item has been made available to the registered user, cancellations will not be accepted unless covered by clause 3.8 above.

3.11 Making Rainbows accepts no liability beyond a refund of the cost of the item.

3.14 Users cannot watch any length of one video, then change their minds. No refunds will be offered. If a user makes the purchase, that have committed to the videos / program and that is the terms of agreement.

4.5 Payment and pricing:

Making Rainbows reserve the right not to accept or process your order for any reason. All orders are subject to validation checks and authorisation by your payment card issuer. If we do not accept your order and your credit/debit card has already been debited, we will notify you and refund your card in full immediately.

Making Rainbows use the personal and transactional information (e.g. name, address, e-mail address, credit card details) subscribers supply only in order to fulfil their subscription order, unless they state otherwise. Making Rainbows will retain subscribers personal contact details within its database for the purposes of marketing and other notifications related to their subscription. By making a purchase, you have agreed to these terms and to receive communications of a marketing nature (which you can nominate to ‘unsubscribe’ at any time). Subscribers credit card details are not retained by Making Rainbows.

Making Rainbows endeavours to provide the highest quality content to its subscribers. To that end, we reserves the right, at its sole discretion, to change, modify, or discontinue any aspect or feature of the online videos in whole or in part, including, without limitation, the content, availability, access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this site.

4.6 Subscribers / users must not:

copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available purchased via Making Rainbows.

remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on Making Rainbows.

transfer Making Rainbows content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the site content; or “deep link” to the site content.

4.7 Equipment:

The customer / purchaser is solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and internet service necessary for use of the online videos.

5. Essential Information relating to LIVE & pre-recorded digital videos:

With any pre-recorded or live class, you (the user) will have to take more responsibility than usual for the safety of your space and of your movements.

Please make sure you have at least two metres clear space around you, that the floor is clear of any objects or spills, and the surface is appropriate. Where possible, ensure webcams are in a communal space like a living room – rather than a bedroom.

Ensure you have the volume set high so that you can hear the instructions. If possible be lit from in front rather than behind, e.g. close curtains if dancing in front of a window. Make sure your device isn’t in danger of being knocked.

Facebook LIVE Classes – Your sound will be off when you join. You will be able to hear your teacher, but they will not be able to hear you. Your teacher will decide when to bring your sound on. If you have a question, please type a message via your device

If a movement or action causes sharp or sudden pain, stop immediately, apply first aid or seek help from your parents. Advise your teacher as soon as possible. Because of the online format your actions (especially for pre-recorded material) are unsupervised by your teacher so please make your own judgements, as you know your own body better than anyone.

Have any pets or young siblings in another space to avoid sudden tripping hazards.

The use of any information provided in these online classes is solely at the risk of the participant. By continuing to utilise online classes, participants affirm that they are in good physical condition, and no restrictions have been placed upon them for participating in dance, or movement

If the supervising teacher deems it unsafe for a client to participate in the class, they must withdraw from it immediately and contact a medical professional.

Clients may need to re-arrange a space to allow maximum movement.

If the teacher deems the client’s space unsafe they will be privately contacted and asked to cease dancing until a safe space can be identified and utilized.

Making Rainbows Pty Ltd will continue to implement all safeguarding policies that apply to dance class participants be it in person or online, as well as reporting an incident witnessed if required. Scenarios to report might include:

A child inappropriately dressed, or in a state of undress on camera

A client that makes inappropriate comments on camera or who makes a disclosure on camera

Anything else you might witness that raises concerns regarding abuse (including, but not limited to: the behaviour of another individual in the home that is witnessed on camera, something you can see in the room that raises a safeguarding concern such as drug paraphernalia)

Making Rainbows Pty Ltd wish to highlight that online classes will be recorded. We will be retaining the recording for a period of up to thirty-six (36) months as per insurance requirements. These recordings will not be released to anyone unless the express written permission is gained from each participant or their parents/guardians in said videos.

6. Intellectual property, copyright notices and logos:

6.1 For the purposes of these terms and conditions, Intellectual Property means patents, rights to inventions, copyright and related rights, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, trademarks, trade names and domain names, rights in confidential information (including know-how and trade secrets) whether registered or unregistered and including all applications (or rights to apply) for, and renewals and extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.

6.2 Intellectual Property appearing on the site which is the copyright of Making Rainbows must not be used, distributed, sold, adapted or reproduced in any medium without license.

6.3 The use of the Making Rainbows logo indicates that the material was developed from the resources of the Making Rainbows organisation.

6.4 Clauses 6.1 to 6.3 are in addition to the information held via Making Rainbows copyright statement.

1.1 Terms of Sale

These terms apply to all purchases for the sale of goods by Making Rainbows Pty Ltd through www.makingrainbows.com.au and may be updated by us from time to time without notice. It is therefore important for all customers to check the terms and conditions of sale prior to placing an order.

1.2 Pricing:

All prices are in Australian Dollars (AUD) and include GST.

All prices are correct at the time of publication. However, we reserve the right to alter the prices for any reason.

1.3 Orders:

All orders are subject to acceptance and we reserve the right to refuse orders or correct any mistakes, omissions and inaccuracies in relation to price, product availability or product descriptions. No contract of sale is formed until the time that the Customer’s debit or credit card has been debited.

Unless otherwise provided for in these Terms and Conditions, the Customer may not cancel or amend their order (including delivery address, colour, size, or quantity) after their order has been placed.

1.4 Delivery/Shipping:

It is the obligation of the Customer to provide the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obligated to re-send the order to the correct address at our expense. We are unable to deliver to P.O. Boxes and Parcel Lockers, and orders addressed to either a PO Box or Parcel Locker will be automatically cancelled. We ship within Australia only.

Items will be dispatched within 2 business days of order confirmation. However, there may be delays if the order is placed close to a weekend or public holiday.

At the time an order is dispatched, the Customer will receive an email shipping confirmation with a tracking number and a link to the carrier’s site. Please note that the package will not be traceable for at least 24 hours.

Authority to leave (ATL) has been set up as default delivery option – Your items may be left unattended at the destination address unless specified.

1.5 Title:

Legal and beneficial ownership of any goods purchased by the Customer will not pass to the Customer until such time as the goods have been paid for in full in cash or cleared funds.

1.6 Risk:

Any goods sold and/or delivered to the Customer are entirely at the risk to the Customer from the moment of delivery to the Customer’s point of delivery or on collection, regardless of whether title has passed to the customer.

1.7 Returns:

Online purchases can be returned by posting them to our Head Office.

We do not exchange items that have been purchased online; a Customer may return their item for a refund with the following conditions:

  1. We receive the items within 14 days from the time the customer makes the original purchase. The purchasing receipt must also be included along with a completed copy of the Online Return Form found here.
  2. The returned items must be unused with tags still attached.
  3. The returned item will be posted to us at the customer’s expense.
  4. Items returned outside of the 14 days will not be refunded. If items are posted to us and refused in this manner, these items will be posted back to the customer via mail.
  5. We will not be responsible for any items that are lost in transit to or from the customer.
  6. For Returns received via mail, Refunds will be processed within 14 business days of receiving the Customer’s returned item(s), though the time until the finalisation of payment may vary depending on the Customer’s bank.

Any items to be returned via mail should be posted to our Head Office address, this can be provided once you have registered your intent for return via email to enquires@makingrainbows.com.au

Refunds will be processed within 7 business days of receiving the Customer’s returned item(s), though the time until the finalisation of payment may vary depending on the Customer’s bank.

8. Faulty Items:

If an item has a manufacturing fault, a full refund will be offered. Freight charges will be included in the refund if the returned items are posted to our Head Office. Faulty items must be returned within a reasonable amount of time. A refund will only be granted after a thorough inspection of the garment, and We reserve the right to deny any refund requests if We do not believe an item to have a manufacturing fault

9. Limited liability:

Nothing in the Terms shall exclude or limit Our liability with regard to any matter for which it would be unlawful for us to limit or exclude our liability.

Any breach of these Terms by any of Our employees or agents will only render us liable for any losses which are a reasonably foreseeable consequence of such a breach.

We are not liable for any indirect losses that result as a side effect of the main loss or damage, such as loss of profits or opportunity.

Our maximum liability to the Customer for any loss or damage arising in connection to any purchases or orders made under the purview of these terms shall be limited to the total price of the order.

10. Force Majeure:

Making Rainbows Pty Ltd will not be liable for any breach of purchase orders due to any matter or thing beyond our control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots, intervention of public authority, explosion, or accident).