Dojo Terms & Conditions

Please read the following Terms and Conditions carefully.

By enrolling into any of our courses or accessing any of the content on the Website, you agree with the Terms and Conditions outlined in this agreement.

Definitions

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. Headings and fonts in these Terms and Conditions are for convenience only and do not affect interpretation.

us, we, our and/or company in these terms and conditions means Art at Heart Pty Ltd as Trustee for the Bonvie Trust, trading as Zen and the Art of Art and as Art at Heart — Jacqueline Hill.

you and/or your in these terms and conditions means the individual purchasing a course.

Course Fee means the fee payable to access and be enrolled in a course (total amount for a Modular Course and monthly amount for a Subscription Course), excluding any additional resources (such as Physical Materials) and/or any fees including but not limited to delivery fees, import duties and custom clearances.

Course Resources means materials provided by us in relation to a course and may refer to Online Resources and/or Physical Resources.

Dojo Services refers to all courses, lessons, classes, videos, recordings, teachings, products, resources, marketing services, related services and/or materials offered or sold by us.

Enrolment — see definition under “Enrolment” section for information.

Live Session means a portion or entirety of a course (including, but not limited to, classes, workshops, catchups, challenges, follow-up, feedback) that is delivered at a scheduled time. You may be accessing these in person in our studio or online via a digital platform such as Zoom.

Modular Course means a class or set of classes that require a one-off payment to enrol into and access for the time specified at the checkout.

Online Resources means any material in electronic format (including but not limited to images, video, audio, text content, or documents such as PDFs, JPEGs, PNGs, MPEG4s, MOVs) that may be downloaded, accessed and/or viewed from our Website, Social Platforms, or email correspondence.

Physical Materials means any physical materials or equipment (such as, but not limited to, paints, brushes, canvas, paper, mediums, clay and/or potting tools) offered by us with and/or in conjunction with a course.

Physical Resources means any physical teachings, references and/or charts offered by us with and/or in conjunction with a course.

Recorded Class means a portion of a course that is available on demand after any necessary preparation and/or processing has been done by us.

Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analysing how the Service is used.

Social Platforms means any social media platforms (including, but not limited to, Facebook, Instagram, TikTok, and YouTube) and their services (including, but not limited to, pages, groups, and chats) affiliated with us.

Subscription Course means a set of classes that require ongoing regular payments to enrol into and access.

Website refers to dojo.zenartart.com and zenartart.com and all pages, courses, and Online Resources within.

Code of Practice

Goods & Services. We will use all reasonable care and skill to provide the courses as described on our Website and/or Social Platforms.

Service Provider Selection. We may use independent Service Providers to assist in providing courses, services and/or communication with you. We will take reasonable care in selecting Service Providers for this purpose. We are not responsible for the actions or omissions of such Service Providers.

Accurate Information. Both you and we will ensure all information provided to the other party is as accurate as possible and as known at the time. If relevant information (including but not limited to contact information) changes, the other party must be notified in a reasonable amount of time.

Courtesy. Both you and we agree that all interactions (including but not limited to video calls, phone calls, emails, instant chat, comments section) will be conducted civilly and respectfully at all times. Under no circumstances will either party:

• harass or mistreat any users, staff, or affiliates of our Website
• violate the rights of any users, staff, or affiliates of our Website
• violate the intellectual property rights of Heart Press or any third party associated with us
• hack into the account of another user of the Website
• use the Website illegally or for illegal purposes
• act in any way that could be considered fraudulent
• post any material that may be deemed inappropriate or offensive.

Complaints. Please notify us by email at [email protected] if you experience any difficulties or problems with any Dojo Services or staff.

Enrolment

Definition. You are enrolled in a course and legally bound to this agreement when:

1. We have accepted your course purchase order by sending you a confirmation email*, which may include a link to access any online elements of the course along with log on details (if applicable); and
2. We have received from you (or on your behalf) the full Course Fee payment including GST in cleared funds.

*If the confirmation email contains any errors, please contact us immediately at [email protected]

Requirements. You agree that:

1. All information provided is complete and accurate;
2. You are at least 16 years of age;
3. You are eligible to access and use any third-party services that the Website states is used to provide aspects of your enrolment;
4. You have read and understood the terms and conditions of this agreement; and
5. You have read and understood the general Studio Etiquette and any course-specific Studio Etiquette.

Enrolment Rejection. We reserve the right and sole discretion to refuse a purchase order without the need to give a reason. In such circumstances, neither party is legally bound to this agreement for that course and any payment made for that course will be returned.

Multiple Enrolments. If a purchase order by you contains multiple courses, each individual course will be treated as a separate purchase. Enrolment acceptance or rejection one or more courses in your purchase order does not affect the enrolment acceptance or rejection of any other course(s) in your purchase order.

Courses

Purchaser Responsibility. You must take reasonable care to ensure that any of the Dojo Services you purchase will meet your needs.

Errors. We will undertake reasonable endeavours to provide the Dojo Services as described on the Website and/or Social Platforms. We do not guarantee that any of the Dojo Services are error free.

Course Description. A course description is only an indication of what the Dojo Service seeks to accomplish.

Copyright. All Dojo Services and Course Resources provided are copyright and remain the sole intellectual property of Zen and the Art of Art. You may not share, copy, or reproduce any part of a Dojo Service or Course Resource in any form without the prior written consent of Zen and the Art of Art. People who breach copyright by teaching from these Dojo Services and Course Resources will be pursued vigorously by law.

Video Downloads. You may not download, record, distribute, alter, share, reproduce or copy in any way or format videos or recordings from our courses or any of our Dojo Services.

Course Resources. You may download for your own personal educational use only any PDF, JPEG, or PNG files offered as part of the Online Resources in a course that you are enrolled in. You may not distribute, alter, share, reproduce, and/or copy any of the Course Resources. You may not use the information contained in the Course Resources for teaching other people, in any medium.

Individual Use. Enrolment into a course allows access to the Dojo Services for a single individual only. You may not share or transfer your access to anyone else. Your login details must be kept private to you and not shared in any form, directly or indirectly, with anyone else.

Future Modifications

Technological Updates. We may make technical modifications to our courses, Dojo Services, or online systems. You will have access to such changes free of charge only as they relate to courses you are enrolled in.

Course Updates. Purchasing a Modular Course does not entitle you to access future revised Dojo Services and/or Physical Materials. You may have access to future revised Dojo Services of a Subscription Course (one of our pathways) only if you remain enrolled.

Physical Materials

Delivery Charges. If Physical Materials accompany a course or are offered in addition to a course and are supplied by Zen and the Art of Art, a delivery charge may be charged to you. A Zen and the Art of Art representative will notify you of the details of any delivery charges. If you refuse to pay the delivery charge, we hold the right to withhold any Physical Materials and to withhold any refund.

International Orders. When you order Physical Materials to be sent outside of Australia, you may be subject to import duties and taxes. Any additional charges for customs clearance will be paid by you.

Withdrawals, Defers, and Changes

Change of Mind. We do not provide any refunds if you change your mind or choose the wrong Dojo Service and/or Physical Material(s). All sales are final.

Defer. You may defer only a Live Budget Pathway or a Live Workshop enrolment with all the following conditions:

1. You must inform us by email or phone a minimum of 7 days or more before the first Live Session is scheduled.
2. If Physical Materials offered with your enrolment have been dispatched to you, we are under no obligation to provide you with any revised, updated and/or additional Physical Materials for your deferred enrolment.
3. Only one deferral is available per enrolment.

Because all other types of enrolment contain published recordings and teachings, you may not defer any other enrolments.

Change. If you wish to change from one Subscription Course to another, the change will only come into effect at the end of your billing date. If you wish to change from any Live Class or Live Workshop to another Live Class or Workshop, you may do so with all the following conditions:

1. You must inform us by email or phone a minimum of 7 days or more before the first Live Session is scheduled.
2. If the course you change to is of lesser value, no credit voucher will be issued for the difference in price.
3. If the course you change to is of a higher value, the difference in value must be paid by you for the transfer to be complete.
4. The value of the course you change to is determined by its full price at the time of the transfer. No sale, discount, coupon, or other offers can be used in this situation.
5. The value of the course you change from is determined by the amount paid by you.
6. Only one change is available per enrolment.

Subscription Cancellation. You may cancel your enrolment in a Subscription Course at any time. It is your responsibility to ensure you cancel your subscription before the date of your next billing. It is recommended that you contact us via email to cancel your subscription at least 10 standard Brisbane, Australia business days prior to your next billing date to ensure you are not charged.

Faulty Materials. If you have any queries, complaints, or incorrect deliveries regarding Physical Materials, you must contact us within 7 days of your receiving the Physical Materials. If you do not notify us by email or phone in this timeframe, we are not obliged to correct your order and are not responsible for any loss or damage suffered by you as a result.

Cancellation. If we cancel a course for any reason, individuals enrolled at the time the cancellation is announced will be entitled to a full refund, less the cost of any Physical Materials already dispatched and related delivery costs. You may elect to transfer to another course instead of receiving a refund.

Lockdowns. This paragraph is only relevant if you are enrolled in a Subscription Course that includes an in-person Live Session portion. If, for legal, health, or other reasons, you are unable to join any part or whole of your course in person at our studio, we will provide a distance, digital learning platform for you such as Zoom. Any course part or whole delivered via a live digital platform is considered of equal value to if it were delivered in person at our studio. No credits, discounts, or vouchers are available if legal, health, or other reasons prevent a part of or the whole course from being delivered in person at our studio. We are not responsible for any injury, damage, or loss of any kind whatsoever due to course delivery via a digital platform.

Consumer Rights. This agreement does not in any way undermine your consumer rights.

Payments

Currency. All amounts payable must be in the currency stated at the checkout. Prices quoted are inclusive of tax unless otherwise stated. Any currency conversion costs, fees or charges are your responsibility to pay and apply in addition to the purchase amount.

Discounts & Vouchers. All discounts, coupons or vouchers are under all the following conditions:

1. Redeemable only for the products, services and/or materials specified with the discount, coupon or voucher.
2. Valid for only one use, unless otherwise stated.
3. Discounts, coupons and/or vouchers cannot be used in conjunction with other discounts, coupons and/or vouchers.
4. Discounts, coupons and/or vouchers cannot be used in conjunction with credit vouchers.
5. Discounts, coupons and/or vouchers are only valid for use in the time frame specified.
6. Discounts for additional Live pathways can only be used if the student is subscribed to at least one other pathway at full price.

Non-payment. Non-payment of any renewal payments or payment plan payments may result in the immediate cancellation of your enrolment and loss of all access and services associated with the purchase. No refund for monies paid or compensation for loss of access is available in this circumstance.

Technical Access and Support

Compatibility. We do not make any guarantee that our course(s), Online Resources and/or other services will be compatible or operate with your software or hardware. We recommend you use an up-to-date Chrome browser on a computer or the Kajabi app on your mobile device to access your courses.

Other Charges. You may incur charges from your internet service provider while accessing, using and/or downloading our Dojo Services. You may also incur charges from third parties for use of the software necessary to access, use and/or download our Dojo Services. You are responsible for paying any such charges.

Technical Difficulties. If you are unable to access any of our Dojo Services, we will take reasonable action to provide a solution when we have direct control over the system, software, or settings involved. If the issue is caused by hardware, systems, internet problems, software or settings not under our direct control we cannot guarantee that we will be able to provide a solution.

Maintenance. You understand and accept that access to our products, services, courses, resources and/or materials may be temporarily down due to technical website maintenance, whether scheduled or emergency. This situation does not constitute a breach of contract on our end.

Confidentiality and Privacy Policy

Use of Information. Your information collected by us will be used only to provide Dojo Services.

Security of Information. We will make all reasonable efforts to keep contact and billing information we have about you secure and to ensure that none of our employees or sub-contractors makes any unauthorised use, modification, reproduction, or disclosure of your contact or billing information.

Recording of Sessions. By joining a Live Session, you agree to the following conditions:

1. By connecting your audio and/or camera to a digital teaching platform such as Zoom, you accept and agree that audio and visuals of you and anything audible and visible through your microphone and/or camera may be accessible to others. By attending a Live Session in person, you accept and agree that audio and visuals of you may be accessible to others, both in person and online.
2. You understand and accept that all Live Sessions may be recorded and viewed by others at a later date. By connecting your audio and/or camera to the session, you accept and allow audio and visual recordings of you and anything audible and visible through your microphone and/or camera. By attending a Live Session in person, you accept and agree that audio and visuals of you may be recorded and viewed by others at a later date.
3. You agree and accept that these recordings may be accessed by other individuals through our site.
4. You agree and accept that these recordings may be shared with third parties (including, but not limited to, social media sites) unless you opt-out from this by informing us in writing prior to or within 24 hours of the recording date. Your identity will never be revealed beyond what is recorded; however, we may use your first name, the first letter of your last name, and your country, state, or city.
5. Please be assured we respect your privacy and recordings of you will only be available for others to see if the recordings are relevant to the course experience, learning, or marketing.

Course Participation. You understand and agree that any comment, post, or file uploaded by you on our Website in a course or lesson area or on a Social Platform may be viewable by other individuals. You understand and agree that we may use all of or part of your comments, posts, or files for marketing purposes. Your identity will never be revealed; however, we may use your first name, the first letter of your last name, and your country, state, or city. You can opt-out of this by informing us in writing prior to or within 24 hours of the comment, post, or recording.

Disclaimers

All information on the Website and/or Social Platforms is provided in good faith, however we make no representation or warranty of information on the Website. Under no circumstances shall we have any liability to you for any loss or damage of any kind incurred as a result of the use of the Website, or reliance on any information provided on the Website, or reliance on any information contained in or associated with any of our Goods.

External Links. The Website may contain (or you may be sent through the Website or through communication from us to) links to other websites or content belonging to or originating from third parties. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us. We do not warrant, endorse, guarantee, or assume responsibility for the accuracy of reliability of any information offered by third-party websites linked through the Website or through communication from us. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of goods, products, or services.

Testimonials. The Website may contain testimonials by users of our Goods and/or Services. These testimonials reflect the real-life experiences and opinions of such users. We do not claim, and you should not assume, that all users will have the same experiences. The testimonials on the Website appear verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public. The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. Users are not paid or otherwise compensated for their testimonials.

General

Disputes. If any dispute arises between you and us, the laws of Australia will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Australia in Queensland and waive any right that you may have to object to an action being brought in those courts.

Amendments. This agreement can only be amended, modified, or varied by Zen and the Art of Art with at least 30 days’ notice to all individuals enrolled at the time of change. Continued use of our services and/or products after the changes come into effect indicates your understanding, acceptance and legal binding to the new agreement.

Limitation of Liability. To the extent permitted by law, Zen and the Art of Art excludes any liability for any injury, damage, or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special, or consequential loss or damage) sustained by you or any other person, or for any costs, charges, or expenses incurred by you arising from or in connection with this agreement and any act or omission by Zen and the Art of Art. We accept no liability for any failure by us to comply with these Terms and Conditions when such failure is due to circumstances beyond our control.

Agreement. This contract and any agreement entered into between you and Zen and the Art of Art constitute the entire agreement, understanding and arrangement between you and us and supersedes and cancels any contract, arrangement, condition and/or warranty implied or otherwise given or made by a party prior (or representative of a party) to entering this contract.

Contact

If you need to contact us for any reason, please do so via the following details:

Phone (Australia): 07 3202 9991

Phone (International): +617 32032 9991

Email: [email protected]

 

Last updated 13th December 2023.