Website’s Terms of Service

/Website’s Terms of Service
Website’s Terms of Service 2018-09-08T14:36:45+00:00

Terms of Service

Last updated: 08.09.2018

Please read these Terms of Service (“Terms”) carefully before using the www.schoolofcreativeeducation.org.au or www.face2faceconference.com  websites operated by the School of Creative Education.

The School of Creative Education has three educational services… one is online, one is a conference called Face2Face, the other on campus in the Yarra Valley, Victoria, Australia. The campus has policies and practices which are separate from these Terms. The Terms in this document only apply to these websites. Please contact jane@schoolofcreativeeducation.org.au for more information.

The following terminology applies to these Terms of Service including the Disclaimer Notice, the Privacy Statement and any or all Agreements:  The “Service” refers to the https://www.schoolofcreativeeducation.org.au or http://www.face2faceconference.com websites operated by the School of Creative Education that may be referred to as the “Organisation”. “Us”, “we”, “our” refers to the website’s representatives. “You”, “your” and “user/s” refers to you, the person accessing these websites and accepting the websites’ terms and conditions.

Acknowledgement and Agreement

Not withstanding any other agreement or other communications between the School of Creative Education and user to the contrary, receipt or use of this Service any material provided by the Service, at any time and through any means, whether directly or indirectly, represents acknowledgement by the user of this disclaimer and agreement with this Terms of Service and adjacent Privacy Policy.

We agree users can easily visit and use our sites anonymously.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

Intellectual Property

The Service and its original content, products and services, features and functionality are and will remain the exclusive property of the School of Creative Education and its licensors. The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks and copy may not be used in connection with any product or service without the prior written consent of the School of Creative Education. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.

Copyright Notice and License

The School of Creative Education is the copyright owner of all its created products, services and programs, as well as the copyright in these websites and the full content of these websites (including, without limitation, artifacts such as the text, artwork, photographs, images, music, audio material, video material and audio-visual material). Other parties’ trademarks and service marks referred to herein are the property of their respective owners.

The School of Creative Education grants to you a worldwide, non-exclusive, royalty-free revocable license to: view these websites and the material on these websites on a computer or mobile device via a web browser; copy and store these websites and the material on these websites in your web browser cache memory; and print pages from these websites for your own personal and non-commercial use.

You may not reproduce (adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast, show or play in public) the information, or substantially copy the information on your own server, or link to the School of Creative Education websites, without prior written permission of the Service. “Share” buttons provided on our websites via social media platforms are the only means to share the content of the Service without prior agreement or arrangement as it is with contributors to the Service. Use or reproduction of information from this Service for any other purpose is expressly prohibited by law and may result in civil and criminal penalties. Violators may be prosecuted to the maximum extent possible.

The automated and / or systematic collection of data from these websites is prohibited.

You can only request permission to use the copyright materials on these websites by writing to jane@schoolofcreativeeducation.org.au.

If you become aware of any material on these websites that you believe infringes your or any other person’s copyright, please report this by email to jane@schoolofcreativeeducation.org.au.

Links to other Web Sites

Our Service may contain links to third party websites or products, services, information and artifacts that are not owned or controlled by the School of Creative Education.

These links in our websites and our newsletters are provided for your convenience. Should you leave our site or a newsletter issue via a link contained herein, you agree the content you view therein is not provided by our company. We are not responsible for, nor have developed or possibly reviewed, the content at those sites.

These third-party sites have separate and independent terms of use policies and privacy policies, amongst others. The Service has no control over and makes no guarantees, representations, or warranty, and has no liability for the content, policies and activities of these linked sites. By engaging with these links, you agree the Service shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused with use of any such content, products or services through any such websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Purchases

The School of Creative Education endeavours to promote products, services and products internally created and owned or externally created and owned by a third party, which benefit the health, wellbeing and education of our community. Consequently, the Service offers products and services created by these third parties in alignment with the Service’s vision and mission. From time to time, the Service will endorse, promote or suggest services and/or products for sale. Our recommendation is always based on our belief the product and its creator will provide excellence and value based on a review of that product, our relationship with that person, and / or previous positive experience with the person or company whose product we are recommending.

If you wish to purchase any product, service or program made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your email address, your age, your mobile phone number, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for the purposes of facilitating the Purchases.

It is your responsibility to assess the suitability of the product, service or program on offer and to determine its worth prior to purchase. The Service is not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any products, services or programs other than those we design in consultation with you, despite the cautions we take. We strongly advise you to exercise caution and do your own due diligence in conducting any transactions through the Service. Some of the products, services and programs available are bound by Australian local, state and national laws and by-laws in some areas, and we would highly advise you to check these laws.

Refund Policy

The School of Creative Education’s products, services and programs may carry a refund period prior to and from the date of purchase. The refund policy for on-campus products, services and programs differs to the refund policy of the online Service, although some advise is given here. Please refer to the School’s (“Educational Service”) policies and procedures relating to its programs delivered on school campus.

If you would like a refund on a Service’s digital program, it must be agreed by yourself and us within 30 days of you receiving access to the program, that the program is not meeting your needs and that we are not able to offer you any other program, service or product in exchange. If there is an item you choose to pursue in exchange, where it is valued at a higher premium, you will not pay the difference. If the item of exchange is of a lesser premium, you will be refunded the difference.

If you would like a refund on a Service’s workshop, conference, day program, evening program or retreat held on campus, you may give your pass to someone else to attend in your place or receive a refund for that purchase if you have advised the Service more than 7 days prior to the commencement of the program of your inability to attend, or have that purchase transferred to another program.

If you would like a refund on a Service’s product, it must be agreed by yourself and us within 30 days of you receiving access to the product, that the product is not meeting your needs and that we are not able to offer you any other program, service or product in exchange. If there is an item you choose to pursue in exchange, where it is valued at a higher premium, you will not pay the difference. If the item of exchange is of a lesser premium, you will be refunded the difference.  If you want a refund for a product or a service or program containing materials, please return the contents in its full state to “School of Creative Education P.O. Box75, Kalorama, 3766,Victoria, Australia”. Upon receipt of our agreement and returned product, the Service will process your refund within 7-10 days.

Products and digital programs created and delivered solely by the Service carry a thirty (30) day, full refund period from the date of purchase.

If you would like to be refunded, contact the Service via the phone number listed in the Contacts on these websites and expect a reply within 24 hours. If a reply has not been received by you, please assume we have not received your refund request and call us using the phone number.

Affiliate Disclaimer

From time to time, the Service will endorse, promote or suggest programs, services and products for sale by Third Parties in its shop (“Marketplace”). In some cases, the Service will be compensated if you decide to purchase that product based on our recommendation. In some cases, we will receive the product for free for review purposes. We always do our best to provide unbiased product reviews.  If a product fails our expectations or seems unsafe to us, we will inform our community and remove it from the Marketplace.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of information, programs, services and products on the Service. The programs, products or services available on our Service may be occasionally mis-priced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other platforms.

We are committed to providing our community with accurate descriptions, however we cannot guarantee the accuracy or completeness of any information, including prices, product images, specifications, or availability. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.

Privacy Statement

We are committed to protecting your privacy, with your Personally Identifiable Information (PII) regarded as confidential. All information is stored on our secure data base. Only employees with written authority provided by the Board of the Service access and use information collected from individual users on a position or task-related basis.

Your PII will not be divulged to any third party other than those authorities required to fulfil your requested transactions, or as required by Australian law. You have the right to request sight of, and copies of any and all PII we keep. You are requested to retain copies of any literature issued in relation to the provision of our programs, products and services. Where appropriate, we shall provide you with written information, handouts or copies of records as part of agreed contracts including enrolment.

The Service will not knowingly collect information for any child under the age of 18.  If you are under 18 years of age, you agree that you have obtained consent from your parent or guardian to subscribe to and make a purchase through the Service and they agree to be bound by these Terms on your behalf. If we become aware that personal information has been collected from a person under the age of 18, we will attempt to contact the parents or caregivers using the contact information provided and secure their agreement to our Terms. Failing this, we will delete the information and terminate the person’s account. If you believe that we may have collected personal information from a child, please contact us at jane@schoolofcreativeeducation.org.au.

All images containing imagery of our community will be published on the website only with the verbal or written consent of the people in the image. The peoples’ names will not be referred to on the image or tagged in the image. If you are concerned about an image published on the Service and wish for it to be removed, please contact us.

It is strictly prohibited for an identifiable image of a person in our community under the age of 18, where already permitted by their parent or caregiver to be published on the Service, to be shared. It is under strict arrangement that you agree to not republish or redistribute any identifiable image of a minor under any circumstance.  If it is found that an identifiable image of a minor has been shared without permission, the Service will immediately disqualify the user from the Service and the Service may elect to pursue legal action against the user through the Terms in its Intellectual Property clause, Copyright clause, and Privacy Policy.

Our websites and associated services are hosted in Australia. If you are outside Australia, your information will be processed and stored in Australia and you are consenting to such processing and storage.

We will not sell, share, or rent your personal information to any third party or use your e-mail address, postal address or phone number for unsolicited mail. Any contact made by the Service will only be in connection with the provision, facilitation and promotion of agreed programs, services and products.

Offences exist for unauthorised actions against computer systems and data. We will investigate any such actions against our systems with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Please refer to the Service’s Privacy Policy for more information.

Termination

If you breach these Terms, or otherwise act or portray yourself in a manner that does not uphold community living and learning values, we may terminate or suspend your access immediately, without notice or liability.

Upon termination, your right to use the Service will immediately cease.

All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We shall 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 therewith.

If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.

Indemnification

As a condition of your access to and use of the Service, 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 the Service or your breach of these Terms and any applicable law or the rights of another person or party.

This indemnification section survives the expiration of your right to use the Service and applies to claims arising both before and after your right ends.

Limitation of Liability

The material offered on the Service is for informational purposes only. By using the material of the Service, you assume all risk. You agree to indemnify, hold harmless, and defend the Service any and all claims and damages as a result of the materials you use, however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage. The Service will correct any material it finds to be damaging.

By taking and/or using material from the Service, you agree you will use it in a safe and legal manner, consistent with all applicable laws, safety rules, and good common sense. You further agree that you will take such steps as may be reasonably necessary or required by applicable law to keep any material out of the hands of minors and untrained and/ or immature individuals.

We expressly disclaim any and all liability in connection with any products and services of third parties. In no event shall we be liable for any claims by a third party in tort or contract, including but not limited to any misleading statements made and/or incorporated into any Content provided by third parties.

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service.

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

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis.

The School of Creative Education its subsidiaries, affiliates, and its licensors do not warrant or guarantee that

  1. a) the Service will function uninterrupted, secure or available at any particular time or location;
  2. b) any errors or defects will be corrected prior to notification;
  3. c) the Service is free of viruses or other harmful components; or
  4. d) the results of using the Service will meet your requirements.

We are not liable for the consequences of any interruptions or error in the Service.

This disclaimer of liability applies to any damages or injury caused by any failure of performance due to error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, unauthorized access or, alteration of or use of record in connection with the use or operation of the Service.

We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the material contained on our website for any individual purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free.

 

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Victoria and Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

Access to and Review of the Terms of Service Policy

Once this Terms of Service is created, we will add a link to it on the footer of our home page and every other subsequent page.  The link will state “Terms of Service”.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. It is our policy to review these terms annually and on as-needs basis. If a change is required, we will try to provide at least 30 days written notice prior to any new Terms taking effect. We will announce these changes on our home page and on other key pages on our website. If there are any changes in how we use our site users’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. You are advised to re-read this statement on a regular basis.

It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.

Contact Us

If you have any questions about these Terms, please contact us. Our ‘Contact Us’ link on our website and in our literature contains the Service’s landline, email addresses, postal address, and social media platforms.

© School of Creative Education 2018. All Rights Reserved