Terms & Conditions
Effective Date: July 26, 2023
Welcome to https://www.apaintersdream.com (Site).
CONSENT AND EVENT TERMS
By accessing and using our Site, Venues, or our social media channels and any other materials made available to you or provided to you on our Site (whether available for purchase or not), you agree that you:
- are over 18 years of age and have the legal capacity to enter into a legally binding contract;
- have read and accepted these Terms; and
- will comply with these Terms.
If you are uncertain about the Terms or anything else on our Site, please contact us via email@example.com before proceeding with any purchase or booking. If at any time you choose not to accept these Terms, you should not use our Site .
CHANGES TO TERMS
We reserve the right to change or modify our Site and these Terms at any time, consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on our Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site, products, services, and content. If at any time you choose not to accept these Terms, you should not use our Site.
Your continued use of our Site is deemed acceptance of any modifications or amendments to these Terms. You may also accept these terms where you click "Agree" or "Accept" or "Buy" or "Book" where such an option is made available to you.
EVENT INFORMATION AND REGISTRATION
All upcoming Event Details and ticket prices ("Event Fees") are as listed on our Site, including whether the event is suitable for under 18s, Family Friendly, features other specific details. You may register to participate in an Event by completing the Booking Registration Form and paying the Event Fees as advertised. Please note Events have limited capacity, and bookings are accepted on a first-come, first-served basis.
You agree to provide accurate, current, and complete information about yourself as requested or directed, and to promptly update this information to maintain its accuracy. We reserve the right to refuse to allow you to participate in the Event if we suspect that such information is inaccurate.
For any event advertised as suitable for under 18s, rostered APD Staff will be required to hold a valid working with Children's Card or state equivalent.
Unless otherwise stated, your Event Fees will include entry to the specified Event for 1 person.
We are unable to provide childminding services at our Events, so kindly ask that parents and guardians remain to supervise their children for the duration of the Event.
We are not responsible for any additional expenses you may incur to participate in any of our Events; this includes but is not limited to accommodation, food, beverages, and travel unless expressly included in the Event Fee.
CREATING AN ACCOUNT
To place orders and access some features of the Site, you may need to register an account. This means you will have to give us accurate information, including your name, your business name, address, a valid email address, and telephone number, and you must be at least 18 years old. You warrant that any information you provide during the account setup process is correct at the time you provide the information and that you will update information should there be any changes. You will remain solely responsible for the activity that occurs on your account (including orders placed on your account), so keep your account password secure.
We reserve the right to suspend or cancel your account at any time, at our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation.
As part of any Event and on our Site, you will have access to intellectual property owned by us and/or by third parties that license the content to us ("Third-Party Licensed Intellectual Property"). This includes, without limitation, trademarks, copyrights, proprietary information, designs, patents, and other intellectual property rights, as well as artwork, business names, logos, images, designs, text, videos, audio files, graphics, other files, and software ("Content"). Your participation in an Event, access to and use of our Site, products (including digital products), services, and Content does not grant or transfer any rights, title, or interest to you in relation to any of the above.
No Commercial Use
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce, or perform, or in any way exploit in any format whatsoever our Site, products, services, Content, Intellectual Property, or Third-Party Licensed Intellectual Property in whole or in part without our prior written consent.
We reserve the right to immediately remove your access to our Site, products, services, and Content, without refund, if you are found to be violating these Terms.
Where you download or purchase our Digital Products (including checklists, guides, ebooks, workbooks, video, or audio content), you are granted a non-exclusive, non-transferable, limited license to access and use these for your own personal purposes. You may not assign or transfer these digital products to any other person without our express written consent. We reserve the right to refuse to provide any products and/or services to you at any time for any reason.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance, or in any way exploit any of our products (including Digital Products) in any manner whatsoever except as authorized by us.
PRICES AND PAYMENT
All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable) unless specified otherwise. The prices indicated on the Site may change at any time without advance notice to you. Purchases will be
charged at the price in force at the time your order is validated.
We reserve the right at any time to modify or discontinue a product, event, or service or its pricing without notice at any time. We shall not be liable to you, or to a third party, for any modification, price change, suspension, or discontinuance of the product or service.
We may from time to time provide discounted products and/or services. You may only use one discount code with each purchase. We reserve the right to reject or cancel any orders where you add more than one discount code. We allow you to use discount codes strictly on the terms and conditions upon which they were issued, which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.
We accept the following payment methods for products, services, or event bookings made via our Site:
- Credit Card (Visa, Mastercard, American Express)
We accept the following payment methods for products, services, or event bookings made at Venues:
- Credit Card (Visa, Mastercard, American Express)
By making a purchase through our website or at event venues, you agree to receive email and SMS notices. You can unsubscribe at any time by clicking "Unsubscribe" at the bottom of the newsletter email or by emailing us at firstname.lastname@example.org.
Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorize us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, we may revoke your access to our products or services or refuse entry to an event.
Gift Cards are non-refundable and can only be used prior to their expiry date. Expiry is 6 months from the issue date.
Gift cards are delivered via email and contain instructions on how to redeem online through our checkout. Our gift cards are not a physical product.
Gift cards are not redeemable for cash. You cannot obtain any cash advance with your Gift Card or receive any portion of the remaining Gift Card Value in cash. Gift Cards cannot be purchased using a promotional discount or coupon codes.
CANCELLING OR RESCHEDULING
Cancellation of session by A Painter's Dream
We reserve the right to postpone or cancel a public (ticketed) event for any reason. In the event a public (ticketed) event is cancelled by A Painter's Dream, the ticket purchaser will be notified via email or text message no later than 24 hours before their session scheduled start time. Ticket purchasers will be offered tickets to another upcoming session, credited the value of their purchase for future use, or a refund.
Where a Force Majeure event (including a Government mandated closure of our studio) necessitates that any session is cancelled or postponed, you acknowledge that we will not be responsible for any loss or damage incurred as a result. We will, however, as a gesture of goodwill:
- offer tickets to another upcoming session;
- credit the value of the purchase for future use;
You acknowledge that we are not responsible for any breach of a third-party contract or any supplier contract to the events, including to the extent that this means that any part of the event may not proceed (for example, an entertainer is unable to attend).
Public (ticketed) events
Bookings can be cancelled or rescheduled for a $25 non-negotiable fee* per transaction up to 48 hours before a scheduled session time.
If cancelling or rescheduling within that 48-hour window, a $25 non-negotiable fee* per ticket will be applied.
For bookings of 6+ tickets, there will be a $25 non-negotiable fee per ticket to cancel or reschedule at any time.
When rescheduling, the customer will need to choose the next most convenient session date that is available, or A Painter's Dream can provide a credit towards a future booking (minus the rebooking fee).
Important: we are very strict on 'no shows.' If a customer does not show up for the class, we'll still charge the full amount. We are unable to refund, reschedule, or provide credit for a missed session.
Private function events
If the full amount has been paid & there is more than 2 weeks before the session date, we can reschedule your private function to another date that is suitable for yourself & also the A Painter's Dream venues.
We are unable to refund or reschedule private functions within the 2 weeks before your session date. The full amount will be forfeited. We hope this never has to happen.
REFUNDS OR EXCHANGES
Where you have paid a deposit for an event (including Private Function deposits) you acknowledge and agree that it is fair and reasonable that this payment is non-refundable and non-transferable regardless of whether the event goes ahead.
The Event Fees are non-refundable except as set out in these Terms, otherwise as required by law, or at our sole discretion. Nothing in these Terms is intended to modify or otherwise affect your statutory rights under consumer laws or any other applicable legislation.
You acknowledge that you do not obtain the right to a refund where you have changed your mind or you have breached these Terms before or during an Event, or you insist on our services being performed in a way that is against our advice.
After payment for your Digital Product has been confirmed, you will have the option to download it, and all responsibility for maintaining the downloaded copy is transferred to you. We will not be responsible for any issues with the Digital Product after it has been downloaded.
Except as otherwise expressly stated, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance, or in any way exploit any of the Digital Products in any manner whatsoever except as authorized by us.
REFUNDS FOR DIGITAL PRODUCTS
Due to the nature of Digital Products, any orders received and processed have a strict no-refund policy. Where the incorrect Digital Product is sent to you, or where the link provided to download the Digital Product is not working, we will send the correct Digital Product or a revised download link at no extra cost.
COMPETITIONS, PROMOTIONS & DISCOUNT CODES
We may from time to time run competitions through our Site and/or through our social media channels. Your participation in those competitions is subject to these Terms and any terms and conditions that are specific to each promotion or competition.
INFORMATION AND ADVICE
During our Events or on our Site and social media channels, content, including digital products, blog articles, and other information, will be disseminated that is of a general informational nature only. This information is not intended to constitute or replace professional advice for individual or specific situations. We do not purport to be legal or medical practitioners, financial advisors, or any other type of licensed professional and cannot be held liable for any reliance on the information we provide, either on our Site or through our products and/or services.
We do not accept responsibility for determining whether our products and/or services are appropriate for you. We reserve the right to deny service and refund the cost of that product and/or service for any reason, including where we believe that the product and/or service would be dangerous or not appropriate for you, or we believe that further professional advice should be sought.
Any reference to other products or services, programs, courses, processes, or other information appearing on our Site does not constitute or imply our endorsement, sponsorship, or recommendation in any way.
SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA
We always appreciate interaction on our social media channels and feedback about our Site, products, and services, as it helps us to improve our Site and our products and services. Through the use of our Site, you may be invited to submit a review, and you can also comment on our blog or other parts of our Site or interact with us via our social media channels. We love to hear from you!
Where you do decide to submit such feedback or comments, you:
- warrant that you are the sole author and owner of the intellectual property and any other rights in any content provided (or have the right to use that content with appropriate consents and permissions);
- give us permission to post or otherwise use that feedback on our social media or other channels;
- waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth) in the content you provide us with;
- warrant that any content provided does not violate these Terms; and
- warrant that you are at least 18 years old.
We reserve the right to remove a review or comment if such review or comment contains:
- libelous or otherwise unlawful, abusive, or obscene material;
- personal attacks on our employees or another contributor;
- material that discloses your personal information; or
- Information that is unrelated to the post or content that you have reviewed or commented on.
Our Site and social media channels may feature user reviews of our products and/or services. These reviews in no way represent our views or opinions but are the sole product of their creator. We disclaim all liability with respect to any content submitted by any users.
On our Site, we may present real-life examples of and insights into other customers' and/or clients' experiences with our products and/or services for illustration purposes only. Any results presented demonstrate to users what can be possible but are not intended to represent or guarantee that any current or future users of our programs, courses, products, and/or services will achieve the same or similar results.
Where you have provided testimonials (in any format), you acknowledge that we may use these along with reference to you on our Site and social media channels, or any other avenue, for promotional and other purposes at our discretion.
LINKS TO OTHER WEBSITES
PROHIBITED USE OF THIS SITE
In addition to any other prohibitions, you must not, under any circumstances, use the Site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, or state regulations, rules, laws, or local ordinances;
- to attempt to change, remove, deface, hack, or otherwise interfere with our Site or any material or content displayed on the Site;
- to hack into any aspect of the Site, corrupt data, or cause annoyance to other users;
- to infringe upon any other person's proprietary rights;
- to send any unsolicited advertising or promotional material, commonly referred to as "spam"; or
- to attempt to affect the performance or functionality of any computer facilities of or accessed through our Site.
PROHIBITED CONDUCT AT EVENTS
Please refer to our Conditions of Entry.
WARRANTIES AND DISCLAIMERS
You agree that accessing our site or attending any of our Events is done so at your own risk.
No oral advice or written information given by A Painter's Dream nor its affiliates, nor any of their officers, directors, employees, agents, providers, or the like, shall create a warranty or legal obligation; nor shall the purchaser rely on any such information or advice.
Except as set out in these Terms, this Site and our Events are provided on an "as is" and "as available" basis, and to the fullest extent permitted by law, we make no representations or warranties about our Site and/or our products or services, including that:
- they are suitable, reliable, complete, secure, accurate, or fit for any particular purpose;
- access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or
- there is no possibility of failure to store communications or other data.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees, or licensors responsible for:
- any third-party content, including advertising and sponsorships, that may be presented at the Event;
- Cancellations, postponements, or other changes to the Event that may be required due
to unforeseen circumstances or force majeure events;
- damage to, or viruses that may infect, your computer equipment or other property as a result of your access to our Site or your attendance at an Event;
- your inability to use or access our Site or events;
- any loss or damage (including direct, indirect, consequential, or special loss or damage) arising out of your use of our Site or the events, whether or not the loss or damage was caused as a result of our negligence, breach of contract, or otherwise;
- any loss or damage arising out of the use of or reliance on the content, information, or materials on our Site or provided at an Event;
- any loss of profit, revenue, opportunity, business, savings, goodwill, or reputation, or any other similar loss resulting from the use of our Site or attendance at an Event;
- your use of links to any third-party website from our Site; or
- your breach of these Terms.
Our total liability for any loss or damage arising out of or in connection with our Site or attendance at an Event, whether based in contract, tort (including negligence), or otherwise, shall not exceed the value of the ticket fees paid.
We are not responsible for any loss, damage, or injury resulting from an event outside of our control (Force Majeure Event). Such events include, but are not limited to, acts of God, war, riot, terrorism, malicious acts of damage, fire, flood, storm, or natural disaster, epidemics or pandemics, or governmental orders or regulations, strikes or industrial disputes, and/or the unavailability of essential personnel and resources despite best efforts to find alternative personnel or resources.
If a Force Majeure Event prevents us from fulfilling any of our obligations under these Terms, we will be relieved of those obligations to the extent it is unable to fulfill them, and you will not be entitled to any compensation or damages in such cases.
You agree to indemnify and hold us, our directors, officers, employees, agents, and affiliates harmless from any and all claims, demands, actions, suits, liabilities, costs, and expenses (including legal fees) arising out of or relating to your use of our Site, products, and services or attendance at an Event.
These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Australia.
In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall 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.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this Site constitute the entire agreement and understanding between you and us and govern your use of the Site, 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.
The obligations and liabilities of the parties incurred before the termination date shall 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 Site or 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 Site and Events (or any part thereof).
Questions about the Terms should be sent to us at email@example.com.
This document constitutes the Terms and Conditions of Use of the Site. Please ensure that you read and understand the Terms and Conditions before proceeding to use the Site. By using the Site, you are agreeing to be bound by the Terms and Conditions.
If you have any questions about the Terms and Conditions, please do not hesitate to contact us at firstname.lastname@example.org.
We reserve the right to change, modify, add or remove portions of these Terms at any time. Please check these Terms regularly before using the Site to ensure that you are aware of any changes. If you choose to use the Site, we will regard that use as conclusive evidence of your agreement and acceptance that these Terms govern your and A Painter's Dream's rights and obligations to each other.
We have used our best endeavors to ensure that the Site complies with Australian law. However, we make no representations that the content and materials on the Site are appropriate or available for use in locations outside of Australia. Those who visit the Site from other locations do so at their own initiative and are responsible for compliance with all applicable laws. If you use this Site from locations outside of Australia, you are responsible for compliance with relevant local laws.
DATED: 5 July 2023
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