Terms and Conditions of Booking Digital Brushes classes and workshops.
By completing your booking and paying via the Digital Brushes website, you agree, as the Purchaser to the following Terms and Conditions. These Terms and Conditions form an agreement between you the Purchaser and Myself (me, I) Belinda Young, trading as Digital Brushes ABN:26779098561
Bookings
To secure a place in any class or workshop you must pay via my website www.digitalbrushes.com.au. If you are unable to complete a booking online, please email or call me. Please note classes are limited to a maximum of 9 students.
Cancellation and Refund Policy.
There is, of course, always unforeseen events and changed plans in our lives so please contact me if you are not sure which policy applies.
Term Classes:
Due to the small class sizes of term classes, with a maximum of 9 students, term class bookings are final and non-refundable. If students miss a class due to illness they will be offered a make up class to be used during that term only, though if classes are full it may be difficult to fit in make up classes.
Workshops:
Due to the small class sizes and the popularity of workshops, workshop bookings are final and non-refundable. If you cancel within 7 days of a workshop, or have to withdraw due to illness, a credit will be offered for another workshop or to be used at another time.
I reserve the right to cancel a class or workshop if there are insufficient numbers to run the class. If this happens a full refund will be issued immediately.
If I cancel a class or workshop due to illness, students will be notified and offered the choice of a catch up class, enrolment in a similar workshop, a credit or a refund.
Student Conduct and Device Usage.
During my classes and workshops I expect students to respect fellow students, artwork and property, including the electronic devices belonging to me.
Students will be assigned a specific device when they enter the class or workshop, and will be asked to present it to me when they leave at the end of class. This gives us all peace of mind that if any student leaves the class or workshop with any of my devices whether by accident or otherwise, there is a record. The student, parent or guardian will then be responsible for the return of the device in original condition or liable for the cost of a replacement. Students will be instructed at the start of the term or workshop on acceptable use of these devices. Students deemed to be exhibiting inappropriate or destructive use of the devices can expect to be asked to leave the class.
Students deemed to be exhibiting inappropriate or disruptive behaviour may be asked to leave the class.
Medical
Students with a specific medical condition or allergy should notify me on enrolment.
Covid-19 Policy
The health and safety of my students and their families is my primary concern. I comply at all times with NSW Government regulations and public health orders. This includes protocols for physical distancing, maximum occupancy, hand sanitisers, pre and post class sanitisation of studio equipment. If any public health orders stop a scheduled class or workshop to run OR for a specific student to attend due to travel or self quarantine requirements, I will offer a full refund or credit.
Digital Brushes – WEBSITE TERMS OF USE
This website (Site) is operated by Digital Brushes (we, our or us). It is available at: www.digitalbrushes.com.au and may be available through other addresses or channels.
Consent: By accessing and/or using our Site, you agree to these terms of use. Please read these Terms carefully and immediately cease using our Site if you do not agree to them.
Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.
Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):
anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
using our Site to defame, harass, threaten, menace or offend any person;
interfering with any user using our Site;
tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
using our Site to send unsolicited email messages; or
facilitating or assisting a third party to do any of the above acts.
Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.
Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:
copy or use, in whole or in part, any Content;
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.
You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
Third party sites: Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:
they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
access will be uninterrupted, error-free or free from viruses; or
our Site will be secure.
You read, use and act on our Site and the Content at your own risk.
Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Jurisdiction: Your use of our Site and these Terms are governed by the laws of [insert the State your business is based in]. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in [insert the State your business is based in] and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
For any questions and notices, please contact us at:
Digital Brushes
Email: belinda@digitalbrushes.com.au
Last update: 6th June, 2021.