Terms and Conditions for Art by Shony Link

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Terms and Conditions for Simple Art of Selling Art Online Course:

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TERMS AND CONDITIONS

 

1. LEGALLY BINDING TERMS

 

This website is operated by Shona Rose Kutlesa as sole trader trading under the registered business name “Simple art of selling art” ABN 37 595 747 043 including any successors and assigns (Creator). Throughout the site, the terms “we”, “us” and “our” refer to the Creator. 

 

The Creator offers this website, including all information, tools, products and Services (defined below) available from this site to you, the user, on your acceptance of all terms, conditions, policies and notices stated herein.

 

These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

 

By visiting our site and/or purchasing something from us including without limitation an online course or similar product, you engage in our “Service(s)” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. 

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

Please read these Terms carefully before accessing or using our Services. By accessing our Services you agree to be bound by these Terms. If you do not agree to the Terms, then you may not access the website or use our Services. 

 

Any new features or tools which are added to the current website are subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes your acceptance of those changes.

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

You must not transmit any worms or viruses or any code of a destructive nature.

 

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

1. GENERAL CONDITIONS

 

We reserve the right to refuse the Service to anyone for any reason at any time.  With the exception of credit card information which is always encrypted during transfer over networks, you understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

 

 

1. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

We make no representation or warranty regarding the accuracy, completeness or currency of the Services. 

 

Everything in the Services is provided "as is" and "as available" – we do not make any representations or warranties of any kind.

 

The material on the website and forming part of the products or Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any such reliance is solely at your own risk.

 

The Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

1. MODIFICATIONS TO THE SERVICE AND PRICES

 

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Services (or any part or content thereof) without notice at any time.  We will not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

 

1. PRODUCTS OR SERVICES 

 

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities.  All sales are final.

 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. 

 

All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. 

 

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

1. ACCESS

 

Once we’ve received your payment and confirmed your order, you’ll receive an email with your login details to access the Services. 

 

We make the Services available to you, however you use the Services at your own risk. We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure or error-free. 

 

If you have any technical problems accessing your online account or accessing the material which forms part of the Services, please contact us for assistance.

 

1. SINGLE USE LICENCE

 

In order to purchase access to an online course, you must first create an online account.

 

As a purchaser of an online course, we grant you a single use, worldwide, non-exclusive, royalty-free, revocable licence to access a purchased online course once only in accordance with these Terms.   You may copy and store the online course content contained therein in your device's cache memory and print pages from the online course for your own personal and non-commercial use. 

 

You are not permitted to re-use or distribute the content contained in the online course to any thir party or for any commercial purpose other than your own personal purpose.

 

We may revoke this license immediately and without notice if you use the content of the online course other than in accordance with this licence or in breach of this licence.

 

 

1. ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

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 that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail 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.

 

You agree to provide current, complete, and accurate purchase and account information for all purchases made on our site.

 

All prices are quoted in Australian Dollars.  The costs of the Services including any products may be quoted exclusive of GST. If GST is applicable, you will pay an additional amount to reimburse us any GST payable in respect of any supply we make to you in the course of providing our Services. You will, if requested, provide the information we need to calculate any GST payable in respect of those Services.

 

1.  CONDUCT

 

You agree to follow our rules for participation in the services. You understand and agree that you must treat our members with respect and to refrain from conduct which is otherwise illegal, discriminatory, harassing, threatening, sexist, defamatory, vilifying, bullying, trolling, misleading or deceptive.

 

Failure to comply with this clause amounts to a breach of this Agreement and Business Name may suspend or limit your access to the Services or terminate this Agreement. 

 

1. EVENTS BEYOND CONTROL

 

Business Name will not be liable for any loss caused by any failure to observe the terms and conditions of this Agreement, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, other extreme weather event or natural disaster, riot, strike, act of war, terrorist attack, nuclear event, pandemic, epidemic, widespread contagion, quarantine restriction, critical infrastructure failure, severe disruption to virtual infrastructure, cybersecurity incident, restriction or prohibition or any other action by any government or semi government authority, or major injury or illness of key personnel.    

 

We may choose to cancel your order in our absolute discretion. If we expect a major delay, we’ll contact you to discuss a suitable solution.

 

1. OPTIONAL TOOLS

 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services will be subject to these Terms.

 

1. THIRD-PARTY LINKS

 

Certain content, products and Services available may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

 

We are not liable for any harm, loss or damage related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you transact. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

1. USER COMMENTS, FEEDBACK, GRANT,  AND CONDITIONS

 

If you choose to provide feedback including any ideas, suggestions, concepts, processes, techniques, questions, answers, codes/scripts, and other comments related to our Services, site, proposed services, documentation or business (“Feedback”), we will own and may use such Feedback without any restrictions and obligations to you, and you hereby waive any claim you have to ownership, compensation, monetary or otherwise.

 

You grant us a non-exclusive, worldwide, royalty free, irrevocable licence  to use your trade-names, trademarks, service marks, trade dress and logos to promote our Service.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. 

 

You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. 

 

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

1. PERSONAL INFORMATION

 

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please see simpleartofsellingart.thinkific.com/pages/privacy

 

1. ADVICE, INFORMATION AND INSTRUCTIONAL VIDEOS

 

We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.   You acknowledge and agree that individual results may vary and you understand you’re your outcomes from use of the Services might differ to others based on each user’s unique circumstances.

 

We may give you advice, recommendations, information, instruction or assistance as part of or in connection with the Services and in material provided to you through the use of the products or Services but we do not warrant the accuracy, appropriateness or reliability of such advice, recommendations, information, instructions or assistance. 

 

The advice, recommendations, information, instructions or assistance we may provide is general in nature and is not intended to constitute or substitute for professional or expert advice. 

 

The content of the products or use of the Services should not be taken to be financial, legal, or business advice. You should should not rely on it as professional guidance.  The content of the products and Services is based on the creator’s personal experience only.  You should always consult a professional before making major decisions. You may wish to seek appropriate professional advice suitable for your personal circumstances. 

 

Except as required by law, we do not accept any liability or responsibility (including liability for negligence) for any loss suffered because of your (or any other person’s) reliance on our advice, recommendations, information, instructions or assistance or your use of the products or Services.

 

1. AUSTRALIAN CONSUMER LAW

 

The Services come with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL). 

 

If you are not a consumer of Services for the purposes of the ACL, we exclude all liability to you, however arising, including by negligence.

 

Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law including under the ACL, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence. 

 

Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, under s64A of the ACL to replacement of the Services or the cost of having the Services replaced, or such other remedy that we see fit.

 

We are not liable for any consequential loss or damage, loss of profit or opportunity, or damage to goodwill or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL. 

 

To the maximum extent permitted by law, we exclude all terms, guarantees, warranties, representations, or conditions which are not expressly stated in these Terms.  We make no representation or warranty in respect of the Services this exclusion extends without limitation to implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

 

1. ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our site, a product or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

1. REFUND POLICY

 

Refunds will only be provided in accordance with our obligations under ACL. We are not required to provide a refund if you change your mind about the course that you chose to enrol into.  All sales are final.

 

1. PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms, following general conditions apply to your use of the Services:

 

You are responsible for your conduct and activity when using our website. You must ensure that you do not, either directly or indirectly:

1. use the Services for or in connection with any illegal or unauthorized purpose or in a manner that: (a) infringes, violates or misappropriates any rights of any person, including intellectual property, confidentiality or privacy rights, (b) is harmful, fraudulent, deceptive, misleading, threatening, harassing, defamatory, offensive, biased, obscene, vulgar, indecent, menacing, tortious or otherwise objectionable as determined by us in our sole discretion, (c) attempts, in any manner, to obtain the password, account, or other security information from any other user, (d) violates the security of any computer network, or crack any passwords or security encryption codes, (e) submit false or misleading information or (e) violates any laws, rules or regulations in your jurisdiction (including but not limited to copyright, data protection and privacy laws) as well as the laws of Canada;

2. reverse engineer, decompile, disassemble, decrypt or otherwise attempt to discover the code or underlying structure, ideas, know-how or algorithms relevant to the Services or access the Services, or write or develop any program based on the Services or any portion thereof, in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Services;

3. circumvent or attempt to circumvent any limitations imposed on your account including any license, timing or use restrictions that are built into the Services;

4. lend, sell, resell, lease, sublicense, transfer, assign, distribute, grant a security interest in, or otherwise use the Services for the benefit of a third party, unless we have given you prior written authorization;

5. modify, translate, or create derivative works based on the Services or any software, hardware, documentation or data related to the Services, in whole or part, or reproduce, duplicate, copy, or exploit any portion of the Services in whole or in part except to the extent expressly permitted in writing;

6. upload, transmit, disseminate or use the Services to send or store malicious code, including any worms, viruses, Trojan horses, or any other software or code of a destructive nature;

7. use the Services to collect or store any sensitive information (“Sensitive Information”) including, but not limited to personal health information, banking and credit card information, and if you do use the Service to collect, store or otherwise process any Sensitive Information you do so at your own risk and you are responsible for ensuring compliance with all applicable laws;

8. use the Services other than in accordance with our product documentation;

9. permit the Services to be used by anyone other than you; 

10. use the bandwidth and storage resources provided by us in an unreasonable and disproportionate manner. We monitor usage to ensure fair distribution of resources among all of our customers. In the event that your bandwidth or storage usage exceeds what we view in our sole discretion is reasonable and proportionate, we reserve the right to take appropriate measures, including but not limited to implementing bandwidth throttling, imposing storage limits, suspending or terminating your access to the services, in whole or in part, without liability;

11. circumvent or otherwise interfere with any authentication or security measures of the Services, or otherwise interfere with or disrupt the integrity or performance of the Services, including doing anything to, or using the Services in a way that may, cause the Services to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Services is in any way impaired, including overloading, flooding, spamming, mailbombing or crashing; and

12. use any robot, spider, device, technology or process to monitor or copy any data or pages within the Services without our prior written consent.

 

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

1. LIMITATION OF LIABILITY

 

We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

 

In no case shall the Creator, our owners, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable 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 use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

 

1. INTELLECTUAL PROPERTY

 

All content in the Services and Website is subject to copyright and is protected by copyright under the laws of Australia and through international treaties. Unless we say otherwise, all rights (including copyright) in the Services and website (including text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us and are reserved by us. 

 

You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this Agreement will remain our sole property and that nothing in this Agreement transfers any ownership in our intellectual property rights to you.

 

If you would like to share our website or social media content that’s freely available for re-use or is in the public domain, you are permitted to do so, as long as you attribute same to us and link back to our website. This includes images on our website and social media profiles, unless we explicitly cite a copyright notice indicating otherwise. If you’d like to share, re-publish or otherwise use our website or content in a way that you aren’t expressly authorised to do by these terms, please don’t hesitate to get in touch with us.

 

You are expressly prohibited from producing, publishing, or otherwise distributing any of the Intellectual Property (such as our course content), save as to any licence of the Intellectual Property or part thereof granted under this Agreement.

 

1. PROMOTION 

 

You grant us permission to use and reproduce your name, business or trading name and logo (if applicable), photograph or likeness, including any trademarks, as well as evidence of services delivered and results achieved to promote our business.

 

1. INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless the Creator and our related entities, associates, parent companies,  subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

1. SEVERABILITY

 

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

1. TERMINATION

 

The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this agreement for all purposes.

 

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

1. INDEPENDENT LEGAL ADVICE

 

You can seek independent legal advice on these Terms and contact us to negotiate changes or amendments to these conditions before proceeding with your order. If you don’t do so, we’ll take it that you’ve read, understood and agreed to be bound by these Terms, and that you consider the conditions fair and reasonable and not against public policy.

 

1. RELATIONSHIP OF PARTIES 

 

The relationship between the parties is that of independent contractors and nothing in this Agreement is to be construed as constituting an agency, partnership, joint venture, relationship of employee and employer or franchisor and franchisee or any other form of association between the parties.

 

1. DISPUTE RESOLUTION

 

If a dispute arises between the parties, the party claiming the dispute must not commence any court or arbitration proceedings (except where they seek urgent interlocutory relief), unless they have first complied with this clause.

 

The party must inform the other party in writing of the following:

•               the nature of the dispute;

•               the outcome they desire to resolve the dispute, and

•               the action they believe will settle the dispute.

 

On receipt of the notice by the other party, both parties will make every effort, without delay and in good faith, to resolve the dispute by mutual negotiation within fourteen (14) Business Days.

 

If the parties are unable to resolve the dispute in that time, the parties must agree on selection of a mediator (if the parties are unable to agree, they agree to request that the President of the Law Society of Queensland appoint a mediator) and will be equally liable for the fees and reasonable expenses of the mediator and the cost of the venue of the mediation (to be paid in advance). The parties must each pay their own costs associated with the mediation, which must be held in Queensland.

 

The existence of a dispute or the commencement of proceedings does not affect the obligation of the parties to continue to perform their obligations under this Agreement.

 

This clause survives termination of this Agreement.

 

1. ASSIGNMENT

 

The rights of each party under this Agreement are personal. 

 

The Creator may transfer or assign, charge or otherwise encumber any of its rights and obligations under these Terms, in whole or in part, at any time with or without notice.  

 

You may only assign, charge, transfer or otherwise encumber or dispose of any of their rights under this Agreement with our prior written consent, which can only be withheld on reasonable grounds. 

 

1. ENTIRE AGREEMENT

 

The failure of us to exercise or enforce any right or provision of these Terms do not constitute a waiver of such right or provision.

 

These Terms and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

 

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

 

1. COMPLIANCE AND GOVERNING LAW

 

You agree to comply with all applicable local, state, national and foreign laws, treaties and regulations, in connection with your use of the Services.  By using the Services you agree to comply with any applicable trade sanctions, export and import laws, and regulations and warrant that: 

1. you are not prohibited from using the Services; and 

2. you will not make the Servies available to anyone who is prohibited from accessing it under the laws or regulations of any jurisdiction.

 

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Queensland, Australia.

 

You agree that the non-exclusive venue for resolving any dispute will be in the courts of Queensland, Australia.

 

 

1. CHANGES TO TERMS

 

You can review the most current version of the Terms at any time at this page.

 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

 

1. CONTACT INFORMATION

 

Questions about the Terms should be sent to us at hello@artbyshony.com.au

PO Box 6258 Point Cook VIC 3030.

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