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

us, we, and/or our 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 and, if applicable, the nominated family members with access to the course.

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

Dojo Services refers to all courses, lessons, classes, videos, recordings, teachings, products, resources, services and/or materials offered on the Website.

Modular Course means a class or set of classes that require a one-off payment to enrol into and access.

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

Live Class means a portion of a course that is delivered at a scheduled time. You may be accessing these in person in our studio or online via the Zoom app.

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.

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.

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 or email correspondence.

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

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.

Code of Practice

Services & Products. We will use all reasonable care and skill to provide the courses as described on our Website.

Sub-contractors & Third Parties. We may use independent sub-contractors and/or third parties to assist in providing courses, services and/or communication with you. We will take reasonable care in selecting subcontractors and third parties for this purpose. We are not responsible for the actions or omissions of such sub-contractors or third party suppliers.

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 use abusive language.

Complaints. Please notify us by email at [email protected] if you experience any difficulties or problems with any products, teaching, 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 will 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 have read and understood the terms and conditions of this agreement; and
  3. 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 course 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. Acceptance or rejection of one or more course in your purchase order does not affect the 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. 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 course seeks to accomplish.

Copyright. All Course Resources provided as part of a course 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 course or any of its resources in any form without the prior written consent of Zen and the Art of Art.

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 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.

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 Transfers

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 your Budget Live enrolment with the following conditions:

  1. You must inform us by email or phone a minimum of 7 days or more before the first Live Class is scheduled.
  2. If Physical Materials offered with your course 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 course.
  3. Only one deferral is available per enrolment.

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

Transfer. If you wish to transfer from one Subscription Course to another, you may cancel one and book the other at any time. If you wish to transfer your Budget Live enrolment, you may do so with the following conditions:

  1. You must inform us by email or phone a minimum of 7 days or more before the first Live Class is scheduled.
  2. If the course you transfer to is of lesser value, no credit voucher will be issued for the difference in price.
  3. If the course you transfer 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 transfer 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 transfer from is determined by the amount paid by you.
  6. Only one transfer 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 cancel your subscription at least 14 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 also elect to transfer to another course.

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

Payments

Currency. All amounts payable must be in Australian Dollars. Prices quoted are inclusive of GST 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 credit vouchers and discount coupons are under 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 and/or coupons cannot be used in conjunction with other discounts and/or coupons.
  4. Discounts and/or coupons cannot be used in conjunction with credit vouchers.
  5. Discounts and/or coupons are only valid for use in the time frame specified.
  6. Discounts for additional pathways can only be used if the student is subscribed to at least one other stream at full price.

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 and/or Physical Materials offered by us.

Security of Information. We will make all reasonable efforts to keep personal information (including name, contact details 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 information.

Live Classes. By joining a Live Class, you agree to the following conditions:

  1. By connecting your audio and/or camera to the Live Class, 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 in the Live Class. By attending a Live Class in person, you accept and agree that audio and visuals of you may be accessible to others in the Live Class, both in person and online.
  2. If you are attending a Live class via Zoom, we recommend you use your first name and first letter of your surname for your Zoom display name if you are concerned about protecting your identity in the recording.
  3. You understand and accept that all Live Classes may be recorded and viewed by others at a later date. By connecting your audio and/or camera to the Live Class, 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 Class in person, you accept and agree that audio and visuals of you may be recorded and viewer by others at a later date.
  4. You agree and accept that these recordings may be accessed by other individuals through our site.
  5. 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 and your city.
  6. 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 or learning.

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

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 14 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.

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 3202 9991

Email: [email protected]

 

Last updated 19th June 2020.