Terms of service


THE SOCIAL STUDIO
WEBSITE TERMS AND CONDITIONS

  1. GENERAL

These terms and conditions (Website Terms) are between you and The Social Studio (ABN 98 376 502 818) of Unit 101, 30 Perry Street, Collingwood VIC 3066 (we, our or us) and govern you use of our website located at https://www.thesocialstudio.org  (collectively, the Website). By accessing and using the Website you agree to be bound by and abide by these Website Terms.

  1. INFORMATION ON THE WEBSITE

All information set out on the Website (Information) is provided for general information purposes only. 

We make no warranty about the accuracy, completeness, reliability or timeliness of the Information. You must not rely on the Information. You are solely responsible for the consequences of your use of any Information or product, including any decision to act or not act on the basis of the Information.

The Website may be accessed from outside Australia. We make no representation that the Information or the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

  1. USE OF SITE AND CONTENT

You may access and use the Website solely for your personal use in accordance with the Website Terms. You agree not to access or use the Website in any manner that is prohibited by these Website Terms or is otherwise unlawful. We reserve the right, in our sole discretion, to terminate or suspend your access to and/or use of the Website, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorisation to access the Website is terminated, you will not after that time access, or attempt to access, the Website, directly or indirectly, and (b) if your authorisation to access the Website is suspended, you will not after that time access, or attempt to access, the Website, directly or indirectly, until your suspension is removed and we give you express notice to that effect.

  1. PRIVACY POLICY

Your use of the Website is governed by our Privacy Policy [hyperlink], which can be found at the end of this Terms and Conditions section. 

  1. STORE TERMS

In addition to these Website Terms and our Privacy Policy [hyperlink], your access and use of the online store services available through the Website are subject to our Store Terms [hyperlink]. 

  1. COOKIES

'Cookies' are small pieces of information sent by a web server to a web browser, which enable the server to collect information from the browser. This Website uses cookies for a number of purposes. For more information about how we use cookies, please see our Privacy Policy [hyperlink].

Most browsers allow you to turn off the cookies function. If you'd like to do this, please look at the help menu on your browser. However, you should be aware that turning off cookies may adversely affect the Website's functionality.

  1. PRICES

All prices on the Website are in Australian dollars.  Prices are subject to change without notice.

  1. OWNERSHIP OF CONTENT

Unless otherwise indicated, we own the copyright and all other intellectual property rights in all text, graphics, videos, information, designs, data and other content (Content) on the Website. While you may browse or print the Content for non-commercial, personal use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of the Website for any other purpose. All trade marks appearing on the Website belong to their respective owners. 

  1. USER CONTENT 

We do not claim ownership of any content you provide to us through or in connection with the Website (User Content).  However, by providing User Content to us, you grant us a worldwide, irrevocable, perpetual, royalty-free, sub-licensable licence to use, reproduce, modify, communicate to the public and adapt that content, on this Website and through any other means.

  1. LINKS TO THIRD PARTY WEBSITES

This Website may contain links to third party sites (Links) over which we have no control. These Website Terms do not apply to third party sites and you should review the terms and conditions of the applicable third party website before using that website.

We make no representation or warranty as to, and we are not responsible for, the accuracy or any other aspect of the information on any linked website. The inclusion of a Link does not imply our endorsement, recommendation or support of any such website or any information, opinions, goods or services referred to on it.

Links are provided for your convenience only. You acknowledge and agree that any access to and use of any linked website is at your own risk and that we are not responsible for any losses suffered by you or anyone else in connection with any Link.

  1. NON-EXCLUDABLE OBLIGATIONS

To the extent that you acquire goods or services from us as a 'consumer' (as that term is defined in section 3 of the Competition and Consumer Act 2010 (Cth)), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these Website Terms operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred by the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other statute where to do so would contravene that statute or cause any term of this agreement to be void (Non-excludable Obligations).  

  1. LIABILITY

Your use of, and reliance on, this Website (including the Content) is entirely at your own risk.

The Content on this Website is provided on an 'as is', 'as available' basis. Except in relation to Non-excludable Obligations, we expressly exclude all conditions, warranties, rights, remedies, liabilities or other terms that may be implied or conferred by statute, custom or the general law that impose any liability or obligation on us.

Except in relation to Non-excludable Obligations, and except as set out in the Store Terms, we have no liability whatsoever to you (including because of our negligence) for any type of direct or indirect loss incurred by you or any other person under or in connection with this Website (including any Content), however incurred, including (without limitation) any loss of profit, loss of revenue, loss of goodwill, loss of customers, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, loss of data, loss of use of data or any direct, indirect, economic, special or consequential loss, harm, damage, cost or expense (including legal fees).

The Information on this Website is provided on the basis that all persons accessing this Website undertake the responsibility for assessing the accuracy of its content, complete or current. We are not responsible for typographical or other errors, inaccuracies or omissions. Price and availability information, product descriptions and promotions are subject to change without notice, and we reserve the right to change or update such information at any time.

  1. ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order). If we cancel an order, we will notify you by email. 

  1. CHANGES TO WEBSITE TERMS

We may change these Website Terms at any time without notice to you. When we do, we will also revise the 'last updated' date at the top of these Website Terms. You agree to be bound by and abide by the changed terms if you use this Website after the terms have changed.

  1. GOVERNING LAW

These Website Terms are governed by the laws of Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.


 

THE SOCIAL STUDIO ONLINE STORE TERMS

These terms and conditions (Store Terms) govern the relationship between you and The Social Studio (ABN 98 376 502 818) (we, us, our) in relation to your access to and use of the online store on our websites located at https://www.thesocialstudio.org and https://tssmedicalscrubs.myshopify.com/ (Website). By registering your account on the Website and clicking 'I agree', you agree to be bound by and abide by these Store Terms.

  1. THE SERVICES

  1. ONLINE STORE

The service (Service) comprises the online store facility on our Website, through which you can purchase (each, an Order) certain goods (Products). Subject to you complying with these Store Terms, we will provide the Service to you as set out in these Store Terms.

  1. USE OF THE SERVICE

In addition to these Store Terms, your use of the Service is subject to:

  1. our Website Terms and Conditions [hyperlink];

  2. our Privacy Policy [hyperlink];

  1. PRODUCTS

We are not responsible for the Products displayed on the Website. No Information on the Website constitutes, nor should be deemed as, an offer by us to supply any Products.

  1. ORDERS

    1. OFFER TO PURCHASE

By placing an Order, you offer to purchase each Product in your shopping cart at the price set out on the Website and in accordance with these Store Terms.  Your offer is only accepted when you receive an email from us confirming that we have shipped your Order.

  1. EMAIL CONFIRMATION

Your receipt of an electronic or other form of Order confirmation does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of an Order, for any reason and without prior notice to you, to accept or decline your Order. 

  1. SHIPMENT OF ORDERS

    1. We will ship most Orders within 3 business days (Monday to Friday). 

    2. We will notify you using the email address provided in your Account when your Order has been shipped, or if there are any delays in shipping any Products in your Order. 

    3. Once your Order has been dispatched, you will receive an email containing your tracking number.

  2. OTHER ORDER TERMS

We reserve the right to refuse any Order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed by or under the same customer account, the same credit card, and/or Orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the Order was made. We reserve the right to limit or prohibit Orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

  1. PRICING AND PAYMENT 

    1. PRICING

      1. We may change our pricing at any time, without notice to you.  All prices listed on the Website are in Australian Dollars.

      2. If there is an error in the price shown for a product on the Website, we may cancel any Orders placed for that product listed at the incorrect price, whether or not the Order has been confirmed. If your credit card has been charged for the purchase before your Order is cancelled we will promptly credit your credit card in the amount of the incorrect price.

    2. PAYMENT

We use Shopify as a gateway to process payments made on the Website.  We may also offer other platforms, such as PayPal, Google Pay and Apple Pay.  For a full list of payment methods accepted by these platforms, please consult their respective websites.  For security reasons, the billing name and address must match that of the credit or debit card used for payment.  We reserve the right to cancel any order that does not meet this requirement.

  1. GST

    1. Words or expressions used in this paragraph 4.3 which are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning in this paragraph.

    2. Any consideration payable or to be provided for a supply made under or in connection with these Store Terms, unless specifically described in these Store Terms as being inclusive of GST, does not include any amount on account of GST.  If GST is payable on any supply made under or in connection with these Store Terms (not being a supply the consideration for which is specifically described in these Store Terms as being inclusive of GST), the recipient of the supply must pay to the supplier, an additional amount equal to the GST payable on the supply.

    3. If a payment to a party under these Store Terms is a reimbursement or indemnification, calculated by reference to a loss, cost or expense incurred by that party, then the payment will be reduced by the amount of any input tax credit to which that party is entitled for that loss, cost or expense.

  1. CANCELLATIONS AND RETURNS

    1. CANCELLATION

Once an Order has been accepted by us, you cannot cancel that Order. 

  1. INCORRECT ORDERS

Where you have received a Product in error (for example, you have received a Product that was not in your Order) please return the Product to us within 7 Business Days following the date of receipt, in its original form and packaging. We will refund the postage costs to you if the Product was sent to you in error. 

  1. CONSUMER GUARANTEES

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.  You must pay the postage costs for any Products that you wish to return (for a replacement or refund) pursuant to this paragraph 5.3.

  1. RETURNS POLICY

Items purchased in-store may only be exchanged in store. We are able to offer you a return or an exchange for Products purchased online where the item(s) is unworn, unwashed, unused, in original condition with all labels/tags attached and returned within 7 days of receiving the Product. 

  1. EXCHANGE POLICY

Exchanges of Products are subject to online availability. If the Product is not available at the time of processing, you will receive a refund or a credit note. 

  1. REFUNDS 

Refunds are only available on full priced items and will be processed using the original tender type that the original purchase was made with. Once you have been refunded, please allow up to 48 business hours for the funds to clear in your account. Refunds will also be processed for faulty goods

Please note that sale Products, Products purchased during a promotion, marked down items, online credits and gift cards are non-refundable.

  1. YOUR OBLIGATIONS

    1. YOUR ACCOUNT

      1. Before you can place an Order you must register an Account with us.  Your Account must contain:

        1. an Account username and password;

        2. your delivery address and billing information; and

        3. any other information reasonably required by us in relation to your Account.

      2. We may accept or reject any application to register an Account.

      3. You are responsible for any activity that occurs under or through your Account and you must maintain the confidentiality of your Account credentials.  You must notify us immediately of any actual or suspected unauthorised use of your Account or breach of your Account security. 

      4. You represent and warrant that all information provided under your Account is complete and accurate.  If there is a change to any information relating to your Account, you must update your Account or notify us as soon as possible.  If we suspect that any information provided by you is incomplete or inaccurate, we may suspend or terminate your Account and cancel any Order without notice to you.

      5. We are not liable for any loss or damage arising from or in connection with your failure to comply with the requirements in this paragraph 6.1.

    2. PROHIBITED ACTS

You must not access or use the Service or the Website:

  1. in a way that violates these Store Terms;

  2. for unlawful or dangerous activities or purposes; 

  3. in a way that is fraudulent, inaccurate, false, misleading or deceptive; 

  4. in a way that violates any applicable law (including, without limitation, applicable privacy laws); or

  5. in a way that infringes the rights (including the Intellectual Property Rights, as defined in paragraph 7.1 below) of any other person.

  1. INFORMATION PROTECTION

    1. MEANING OF INTELLECTUAL PROPERTY

In these Store Terms, Intellectual Property Rights means all intellectual property rights, including the following rights:

  1. patents, copyright, designs, trade and service marks (including goodwill in those marks), domain names and trade names and any right to have confidential information kept confidential;

  2. any application or right to apply for registration of any of the rights referred to in paragraph (a); and

  3. all rights of a similar nature to any of the rights in paragraphs (a) and (b) that may subsist anywhere in the world (including Australia),

whether or not such rights are registered or capable of being registered.

  1. OWNERSHIP

    1. As between you and us, all rights, title and interest (including Intellectual Property Rights) in the Service is owned by us (and our third party licensors). 

    2. Unless expressly stated otherwise, we own all Intellectual Property Rights in the Products. 

  2. SECURITY

While we use reasonable endeavours to ensure the Website, and any transactions conducted through the Service, are secure, you acknowledge that the security of information and payments transmitted through the internet can never be entirely secure or error free.  We are not liable for any loss or damage suffered by you or anyone else due to a failure, delay, interception or manipulation of an electronic communication caused by a third party.

  1. LIABILITY AND INDEMNITY 

    1. DISCLAIMERS

Except in relation to Non-excludable Obligations (as defined in the Website Terms): 

  1. all conditions, warranties, guarantees, rights, remedies, liabilities or other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are expressly excluded under these Store Terms;

  2. we make no representations or warranties, and expressly disclaim all warranties, either express or implied, in relation to the Products, including merchantability and fitness for a particular purpose;

  3. without limiting paragraph 7.3 we make no representations, warranties or guarantees in relation to the availability, continuity, reliability, accuracy, currency or security of the Website or the Service, and we are not liable to you if the Service or the Website is unavailable for any reason.

  1. LIMITATION OF LIABILITY 

    1. To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under these Store Terms.  If a supply under these Store Terms is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, nothing contained in these terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits us to limit our liability, then our liability is limited to:

      1. in the case of services, supplying the services again or payment of the cost of having the services supplied again; and 

      2. in the case of goods, replacing the goods, supplying equivalent goods or repairing the goods, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

    2. Subject to paragraph (a), and to the extent permitted by law:

      1. we exclude all liability to you (including because of our negligence) for any loss of profit, loss of revenue, loss of goodwill, loss of customers, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, loss of data, loss of use of data or any direct, indirect, economic, special or consequential loss, harm, damage, cost or expense (including legal fees) incurred or awarded under or in connection with these Store Terms of the supply of any Product; and

      2. our total aggregate liability to you (including because of our negligence) under or in connection with these Store Terms or the supply of any Product is otherwise limited to an amount not exceeding the total amounts paid by you for the Order in respect of which the applicable liability, loss, harm, damage, cost or expense arose.

  2. INDEMNITY

You indemnify us against any liability, loss, harm, damage, cost or expense we may suffer or incur (including as a consequence of any claim made by a third party, and including legal costs and expenses on a full indemnity basis) arising from or in connection with your breach of these Store Terms or the terms and policies it incorporates by reference, or your violation of any law or the rights of any third party.

  1. GENERAL

    1. CHANGES TO STORE TERMS

      1. We reserve the right to revise and amend these terms in our discretion, as follows:

        1. if we consider that the change is likely to benefit you or have a neutral or minor detrimental impact on you, it may make any changes immediately without notifying you except by publishing the amended terms (as applicable) on the Website;

        2. if we consider that the change is likely to have a significant detrimental impact on you, it will make the change after it has notified you of the change (solely by using the email address you have provided) and will display a notice on the Website describing the change.

      2. Your continued use of the Website and/or Service after an amendment will mean that you agree to that amendment.  You must stop using the Website and the Service if you do not agree to an amendment.

    2. SURVIVAL

Any indemnity or any obligation of confidence under these Store Terms is independent of, and survives termination or expiry of, these Store Terms.  Any other term by its nature intended to survive termination or expiry of these Store Terms survives termination of these Store Terms.

  1. SEVERABILITY

If any part of these Store Terms is held to be invalid, illegal, or unenforceable, that part will be severed and the remaining parts of these Store Terms will continue in force. 

  1. WAIVER

A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy.  A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.

  1. RELATIONSHIP

These Store Terms do not create a relationship of employment, trust, agency or partnership between us.

  1. GOVERNING LAW AND JURISDICTION

These Store Terms are governed by the law of the State of Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria.

  1. ENTIRE AGREEMENT

These Store Terms (together with the Website Terms and Privacy Policy) set out the entire agreement between us in relation to your use of the Service and the Website.


THE SOCIAL STUDIO PRIVACY POLICY

  1. YOUR PRIVACY

This Privacy Policy sets out how the Social Studio (we, our or us) manages personal information, including in relation to our website located at https://www.thesocialstudio.org (Website).  In this Privacy Policy, personal information means any information or opinion about an identified individual, or an individual who is reasonable identifiable, whether true or not, and whether recorded in a material form or not.

Our Privacy Policy sets out matters of which you should be aware regarding the information we may collect about you, our policies on the management of personal information and generally, what sort of information we hold, for what purposes and how we collect, hold, use and disclose that information.

We comply with the Privacy Act 1988 (Cth), the applicable Australian Privacy Principles under that Act and any other applicable privacy laws when handling personal information. 

  1. CONSENT

By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with and for the purposes specified in this Privacy Policy. You are not required to provide personal information to us.  However if you do not provide us with all the information we request, the services we provide to you may be affected.

You are not required to provide personal information to us. However, if you do not provide us with all the information we request, the services we provide to you may be affected.

  1. INFORMATION COLLECTED

The types of information we collect may include personal details such as your name, address, telephone number or email address. 

We collect personal information for the purpose of:

  • the provision of our services; 

  • the general management and conduct of our business; and 

  • complying with our legal obligations. 

We may also use personal information for related purposes that would be reasonably expected by you. 

We may collect personal information from you through our Website and when you communicate with us (either by email, telephone, in writing or in person).


We also collect information using 'cookies' to help us improve our service to visitors to our site and tracking the patterns of behaviour of visitors to the Website. Although you can usually modify your browser to prevent cookie use, if you do this, our Website may not work properly for you.

  1. USE OF INFORMATION

We do not use or share Personal Information for any purpose other than for the purpose for which it was collected (or a related purpose) unless you have consented to that other purpose or we are permitted to do so by law. 

We may disclose your personal information to our related companies, third parties and service providers who assist us in supplying our products or services or who perform operational, administrative and other related functions on our behalf (including technology and business service providers), and to others in order to comply with our legal obligations. 

In all cases, unless you have opted out, you consent to us using your personal information  for direct marketing purposes in order to tell you about services and offers that we think may be of interest to you. We may contact you by mail, telephone, email or SMS to market our services.  We will always give you the opportunity to opt out of receiving any future direct marketing correspondence.


  1. INTEGRITY OF PERSONAL INFORMATION

We will take such steps (if any) as are reasonable in the circumstances to ensure that the personal information we collect is accurate, up-to-date, and complete, and that the personal information we use and disclose is accurate, up-to-date, complete and relevant (having regard to the purpose of the use or disclosure). To assist us, please ensure that the information you provide to us is accurate, up-to-date, and complete. 

We will also take such steps (if any) as are reasonable in the circumstances to protect the personal information we collect and hold from misuse, interference and loss, and from unauthorised access, modification or disclosure. 

If we hold personal information about you that is no longer needed for any purpose for which it may be used or disclosed, we will take such steps as are reasonable in the circumstances to destroy or permanently de-identify that personal information.

  1. ACCESS TO AND CORRECTION OF PERSONAL INFORMATION

You can request, and we will provide you with access to, any personal information we hold about you (subject to certain legal exceptions). If a legal exception applies and we decide not to provide you with access to any personal information we hold about you, we will advise you of the reasons for our decision.

If we are satisfied that any personal information we hold about you is inaccurate,  incomplete, out of date, misleading or irrelevant (having regard to the purpose for which it is held) we will take such steps (if any) as are reasonable in the circumstances to correct that personal information. This may include notifying third parties to whom we have disclosed that personal information. If we do not agree that personal information we hold about you is inaccurate, incomplete, out of date, misleading or not relevant you may ask that we attach a statement to this effect to our record.  

Please let us know if you have any concerns or complaints about the way we are handling your personal information so we can address them. We will review any complaints and respond to them within a reasonable period of time. 

If we are unable to satisfactorily resolve your concern or complaint, you can contact the Office of the Australian Information Commissioner (OAIC). To make a query concerning your privacy rights, or to lodge a complaint with the OAIC about how we have handled your personal information, you can contact the Commissioner's hotline on 1300 363 992. The OAIC has the power to investigate the matter and make a determination.

  1. LINKS TO OTHER SITES

You may be able to access external websites by clicking on links we have provided. Those other websites are not subject to our privacy standards, policies and procedures. We do not control these websites or any of their content and if you visit these websites, they will be governed by their own terms of use (including privacy policies).

  1. CHANGES TO THIS PRIVACY POLICY

We may, from time to time, amend this Privacy Policy, in whole or part, in our sole discretion.  Any changes to this Privacy Policy will be effective immediately upon the posting of the revised Privacy Policy on the Website.  Depending on the nature of the change, we may announce the change on the home page of the Website or by email (if we have your email address).  However, in any event, by continuing to access our services following any changes, you will be deemed to have agreed to such changes.  If you do not agree with the terms of this Privacy Policy, as amended from time to time, in whole or part, you must not access our services including the Website.

  1. CONTACTING US

If you have any questions about this Privacy Policy or if you wish to request access to your personal information, correct or update you details or raise any privacy concerns you may have, please contact us at:  

The Social Studio ABN 98 376 502 818

Collingwood Yards, Unit 101, 30 Perry Street Collingwood Victoria 3066, Australia

Phone: +61 3 9417 2143

Email: retail@thesocialstudio.org.


Last Updated: February 4, 2025

 

The Social Studio is a store, manufacturer and a fashion studio.