TERMS OF USE (OUR SERVICES AND WEBSITE) – SOCIAL ARTIST SERVICES AND WEBSITE

These Terms of Use apply to the Social Artist, (“us”, “we”, or “our”) website (socialartist.com.au) (Our Website) and the ordering, payment and use of our paint and sip experience (Our Services).

These Terms of Use also apply to the content or material contained on Our Website, accessed via links from Our Website or that we provide to you, including information about how to book a class, our rules about alcohol and food that you bring to a class and refund and cancellation policy and other material relating to our paint and sip service (Our Information).

In these Terms of Use, use of the terms ‘Social Artist’, ‘we’, ‘us’ and ‘our’ refers to Social Artist as the owner of Our Services and the provider of Our Information, and the terms ‘you’ and ‘your’ refer to the user or viewer of Our Services or the user of Our Information.

PERSONS UNDER THE AGE OF 18

Our Services are not designed for use by persons under the age of 18. As such, we do not provide Our Services to any person under the age of 18 (Minor). No Minor will be admitted to a Class and if a Minor purchases a ticket to a Class, that ticket will be refunded.

DEEMED ACCEPTANCE

It is intended that these Terms of Use are legally binding on you and us. By accessing or using Our Services (including Our Information), you are deemed to accept these Terms of Use, which together, with our Privacy Policy for a binding contractual agreement with you.

We may change Our Services, Our Information or these Terms of Use at our discretion and without notice. By continuing to use Our Services or access Our Information, you accept the Terms of Use as they apply from time to time.

Your use of Our Services and access to Our Information and any dispute arising out of such use of Our Services is subject to the laws of Victoria.

If you do not agree with these Terms of Use, we cannot provide Our Services to you. Moreover, if you do not agree with these Terms of Use and you are visiting Our Website, you should navigate away from Our Website immediately.

CONDITIONS OF ENTRY

We comply with all regulations as they apply to our Classes including those imposed by COVID 19. You must comply with those regulations as well. This includes:

  • social distancing of 1.5m between others
  • washing and sanitising hands
  • staying home if unwell or showing signs of the virus
  • staying home if tested positive or are awaiting test results.

    We reserve the right to refuse entry or eject you if you do not comply with our reasonable directions for compliance with those regulations that we must enforce.

    We also reserve the right to refuse entry or eject you if we reasonably believe you are intoxicated and have or may pose a danger to yourself or others or are a nuisance to others in any way.

     

    You must:

    • follow our directions or the directions of our employee or contractors or artists;
    • not interfere with the quiet enjoyment of the Class by other attendees;
    • not be rude to any person at or about the premises at which the Class is held;
    • dress appropriately for the Class;
    • not smoke in or about the premises at which the Class is held;
    • not take photographs or video without the express permission of the subject including those surrounding the subject who may be caught in the photo or video.

      If you breach any of these conditions of entry in any way, we reserve the right to eject you from the Class and the premises and in such case, no refund in part or full will be given.

      PURCHASE, PAYMENT AND SUPPLY OF A PAINT & SIP CLASS

      Social Artist provides painting classes with guidance by artists (Class). The price for each Class is on Our Website. These prices may change from time-to-time. Unless otherwise specified the price includes any value added tax such as GST. We accept those forms payment we offer to you when you checkout the payment of your Class.

      The Fee for a Class including all taxes and charges are specified on Our Website and must be paid for in advance of your Class via our Website. Until you pay the Fee you do not have any right to attend a Class.

      CANCELLATION, REFUNDS & RESCHEDULING A CLASS

      We have certain rules for the cancellation, refund or rescheduling of a Class. If you need to do any of these things you should contact us via Our Website. In general:

      TIME FRAME

      POLICY

      72 hours plus before the Class start time

      You are eligible for a refund and you will receive a full refund in the same manner in which you paid.

      Alternatively, you can opt to receive a credit voucher which enables you to book into any upcoming Class within the next 1 year from the original Class date.

      2 – 72 hours before the Class start time

      You are not eligible for a refund in part or at all.

      You are eligible to receive a credit voucher which enables you to book into any upcoming Class within the next 1 year from the original Class date after paying us an administration fee of $25

      2 hours before the Class start time

      You are not eligible for a refund in part or at all.

      You are not eligible to receive a credit voucher.

      In some circumstances we may have to cancel your Class (for events outside our control, a lack of attendees or a cancellation by an artist). Where we cancel your Class we will provide you with a credit voucher which enables you to book into any upcoming Class within the next 1 year from the original Class date. This policy includes a cancellation by us where we are directed to do so by any government or statutory authority for any reason, including COVID-19.

      The Australian Consumer Law (ACL) protects consumers by giving them certain guaranteed rights when they buy goods and services. For example, the ACL requires that goods must be free of defects and do what they are meant to do. Services must be carried out with care and skill. These rights, which the ACL says automatically apply whenever goods or services are supplied to a consumer, are called consumer guarantees (Consumer Guarantees).

      Under the ACL, these Consumer Guarantees cannot be excluded. You are entitled to a replacement or refund for a major failure in the delivery of Our Services to you.

      These Terms of Use are subject to the ACL and we do not limit your ACL rights in any way. To the extent permitted by law, our liability for failure to comply with Consumer Guarantees required by Part 3-2 of the ACL is limited to the supply of services again.

      DISCLAIMER OF WARRANTIES IN RELATION TO OUR INFORMATION

      No representation or warranty (express or implied) is made as to the currency, completeness, accuracy, reliability, suitability, and/or availability of Our Information, Our Services or a Class. In no way are we liable for loss or damage or theft of any personal items.

      Our Classes are provided on an “as is” and “as available” basis. We disclaim any warranties, express, implied or statutory, that may be expressed or implied by law regarding our Classes, including warranties of accuracy, merchantability, fitness for a particular purpose, or non-infringement. You understand and agree that you use our Classes at your own discretion and risk and that you will be solely responsible for any loss or damages (including personal injury or death) that results from the use of our Classes including any claim, liability, loss or damage arising out of the consumption of alchohol.

      To the maximum extent permitted by law, Social Artist expressly disclaims all liability (including for negligence) for any loss, damage, injury, expense or costs incurred by you arising out of accessing, downloading, using Our Services including attending a Class or relying on any of Our Information.

      In no event will we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if you have been previously advised of the possibility of such damage.

      Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

      As a condition of your access to and use of Our Website and/or attendance to a Class, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:

      • your access to and use of Our Website, Our Services and Our Information; and
      • your violation of these Terms of Use and any applicable law or the rights of another person or party.

        THIRD-PARTY SERVICES

        We may engage third-party service providers for things such as (this list is not exhaustive):

        • online booking systems;
        • messaging by email, SMS, or other means;
        • payment processors such as PayPal or Stripe (collectively Third-Party Service).

          Social Artist does not specifically endorse any Third-Party Service. Each Third-Party Service has its own terms of service and privacy policy and you should go to the website of each Third-Party Service and read their terms of service and privacy policy.

          COPYRIGHT

          All intellectual property rights in Our Information or Our Services delivered via our online portal, including, but not limited to, text, graphics, architecture and coding (including any copyright subsisting in them), is owned by Social Artist.

          You may access and download Our Information where available, but may not, subject to a use for the purposes of private study, research, criticism or review as permitted under the Copyright Act 1968 (Cth), modify, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, any of Our Information or Our Services in whole or in part without the prior written permission of Social Artist.

          You licence to us on a world wide, perpetual, royalty free basis any artwork you create at our Class and you grant us permission to use this licence in our marketing in any manner whatsoever. This may include an image of you. If you do not want an image of you taken please advise us in advance.

          LINKS TO OTHER WEBSITES

          Our Website may contain links to other websites. These links are provided for your convenience only.

          Social Artist does not specifically endorse any organisation, association or entity referred to in, or linked to, Our Website. Views or recommendations provided in linked websites do not necessarily reflect those of Social Artist and Social Artist has no responsibility for the content of the linked website(s). It is your responsibility to make your own decisions about the currency, completeness, accuracy, reliability and suitability of information contained in linked websites.

          You may link to Our Website but permission is restricted to making a link without any alteration of Our Information. Permission is not granted to reproduce, frame or reformat the files, pages, images, information and materials from Our Website unless express prior written permission has been obtained from Social Artist.

          In no event are you permitted to use Our Information to sell a product or service, or to increase traffic to Our Website or any other website, application, publication, online or offline content for commercial reasons, such as advertising sales. Social Artist reserves the right to prevent linking to Our Website at any time.

          USING OUR SERVICES

          Our Services may prompt you to select or provide us with certain information, such as your age and gender. Under Australian Privacy Legislation, you have the right to obtain services anonymously or using a pseudonym. Notwithstanding this, you acknowledge that the information you select or provide us must be correct in order for us provide to you Our Services. We will not be responsible if you select incorrect variables or provide us with inaccurate or incorrect information about yourself. This includes information selected or entered with the intention of providing you with anonymity or pseudonymity.

          You are responsible for supplying us with accurate data and information about yourself at all times and modifying any of your information immediately when changes occur.

          We do not promise that you will have continuous and uninterrupted access to Our Website or that Our Website or Our Services will be free of any harmful code, virus, or other malware. We are not responsible for any interference or damage to your device or computer.

          PROVISION OF INFORMATION ABOUT YOU

          You do not need to register or provide us with any information about yourself in order to browse Our Information on Our Website. However, in order for us to provide Our Services to you, we need to collect personal and other information about you.

          Any personal data or information provided by you is processed by us in accordance with our Privacy Policy.

          In the provision of personal information:

          • you agree that all information provided during the registration process is true and accurate and you will update this information in order to keep it current, complete and accurate; and
          • you agree to the terms of our Privacy Policy.

            As part of your access to and use of Our Services, you may be able to create a personal profile. A personal profile does not necessarily mean that you will have to provide us with any identifying personal information (see our Privacy Policy).

            To create a profile, you will be required to provide information, including an email address and password. Depending on Our Services you use, you may also be required to provide other information relevant to your circumstances.

            APPROPRIATE USAGE AND RESPONSIBILITIES

            You must not use Our Website, Our Information or Our Services for any fraudulent or inappropriate purposes. You agree not to promote the unauthorised use of a third-party or to encourage the third party to use any portion of Our Website, Our Information or Our Services to transmit or upload any content that is against the law, abusive, unauthorised, harassing, obscene, slanderous, virus-containing, or is otherwise distasteful as reasonably determined by us.

            You agree not to resell, reproduce or take advantage of any part of Our Website, Our Information or Our Services by robot, spider, other automated device, or manually to monitor or duplicate any content without our express written permission.

            SPECIFIC PROHIBITION

            You agree not to engage in any type of activity that negatively affects the purpose or intention of Our Website, including, but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of Our Services, in whole or in part, by, among other methods mentioned or not mentioned, subscribing another person or party without their authorisation.

            You must not:

            • upload, post, publish, comment, email, reproduce, distribute or otherwise transmit any information (including any review of Our Services or persons associated with delivering Our Services to you) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, deceptive, fraudulent, untrue or explicit or unnecessarily graphic descriptions of accounts of and situations pertaining to sexual acts about us, our employees or contractors;
            • upload, post, publish, comment, email, reproduce, distribute or otherwise transmit any content (including any review of Our Services or persons associated with delivering Our Services to you) that victimises, harasses, degrades, or intimidates us, our employees or consultants on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability or harm minors in any way;
            • upload, post, publish, comment, email, reproduce, distribute, or otherwise transmit any material that contains software viruses, Trojan horses, worms, or any other computer code, files or programs, designed to maliciously, whether intended to or not, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
            • impersonate any person or entity, falsely state or otherwise misrepresent affiliation with a person or entity;
            • forge or manipulate packet headers in order to disguise the origin of any content transmitted to or through this website;
            • intentionally or unintentionally violate any applicable local, state or national law; and
            • harvest, collect or store information about other clients of Our Services.

              SECURITY, VIRUSES, ERRORS AND AVAILIABILITY

              The internet is an insecure public network which means there are risks that information sent to or from us may be intercepted, corrupted or modified by third-parties. In addition, files obtained from or through us may contain computer viruses, disabling codes, worms or other devices or defects. You bear the risks and responsibility for any loss or damage caused, directly or indirectly, by these risks and Social Artist is not liable for any interference with, or damage to, your computer system, device, software or data occurring in connection with Our Services.

              NOTICE

              Using Our Services or visiting Our Website, sending us information about yourself through Our Services, emailing us, and completing forms (whether online via Our Website) constitute electronic communications. By using Our Website or Our Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on Our Website.

              You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.

              Notice will be deemed received and properly served immediately when posted on Our Website, 24 hours after an email is sent, or three (3) days after the date of posting any letter. As proof of service, it is sufficient that:

              • for letters, the letter was properly addressed, stamped and placed in the post; and
              • for emails, the email was sent to the specified email address.

                TERMINATION

                We may suspend or terminate your access to Our Website and refuse to provide you any of Our Services including prohibiting you from attending a Class if you breach these Terms, we suspect or become aware that you have provided false or misleading information to us and/or we believe in our sole discretion that your actions may cause legal liability for you.

                We will not be liable to you or any third-party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with this clause.

                FORCE MAJEURE

                We will be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms of Use, where this arises out of circumstances beyond our control, including but not limited to:

                • acts of God;
                • natural disasters;
                • pandemic;
                • epidemic;
                • sabotage;
                • accident;
                • riot;
                • shortage of, damage to, inability to access or reduced functionality of supplies, equipment, and materials;
                • strikes and lockouts;
                • civil unrest;
                • computer hacking; or
                • malicious damage.

                  NO WAIVER

                  If we fail, at any time, to insist upon strict performance of your obligations under these Terms of Use, or if we fail to exercise any of the rights and remedies under these Terms of Use, this will not constitute a waiver of such rights or remedies and it will not relieve you from compliance with your obligations.

                  If we waive a default, it does not constitute a waiver of any subsequent defaults.

                  No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing.

                  SEVERABILITY

                  If any court decides that any of the provisions of these Terms of Use are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms of Use will continue to be valid.

                  UPDATES TO THESE TERMS

                  We reserve the right, in our discretion, to correct any errors or omissions in any part of Our Website and Our Information. We may restrict access to parts or the entirety of Our Website and Our Services at any time, including, but not limited to, Our Information, certain features and Our Services, hours of availability, and equipment needed for access or use, without notice or liability.

                  Our Information and any material on Our Website may be out of date at any given time and we are under no obligation to update such material.

                  We reserve the right, in our sole discretion, to change, modify, add or remove any part of these Terms of Use, in whole or in part, at any time. Notification of the changes to these Terms of Use will be posted on Our Website and will be effective immediately, unless expressed otherwise.

                  It is your sole responsibility to periodically check these Terms of Use for any changes. If you do not agree with any of the changes that we make to these Terms of Use, you should navigate away from Our Website and stop using Our Services. Your continued use of Our Website and Our Services will be deemed as your acceptance of these Terms of Use as amended by us from time to time.

                  We may assign or sublicense any of our rights or obligations under these Terms of Use at any time, without obtaining your consent.

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