Terms of Use

WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website

1.1. Welcome to https://bluebeachhouseartschool.thinkific.com (the

'Website'). The Website online art tutoring (the 'Services').

1.2. The Website is operated by Jennifer Lee Buchanan; Jenzart

Creations (ABN 33 060 677 375) . Access to and use of the

Website, or any of its associated Products or Services, is

provided by Jennifer Lee Buchanan; Jenzart Creations. Please

read these terms and conditions (the 'Terms') carefully. By

using, browsing and/or reading the Website, this signifies that

you have read, understood and agree to be bound by the Terms.

If you do not agree with the Terms, you must cease usage of the

Website, or any of Services, immediately.

1.3. Jennifer Lee Buchanan; Jenzart Creations reserves the right to

review and change any of the Terms by updating this page at its

sole discretion. When Jennifer Lee Buchanan; Jenzart Creations

updates the Terms, it will use reasonable endeavours to provide

you with notice of updates to the Terms. Any changes to the

Terms take immediate effect from the date of their publication.

Before you continue, we recommend you keep a copy of the

Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the

Terms by clicking to accept or agree to the Terms where this option is made

available to you by Jennifer Lee Buchanan; Jenzart Creations in the user

interface.

3. Registration to use the Services

3.1. In order to access the Services, you must first register for an

account through the Website (the 'Account').

3.2. As part of the registration process, or as part of your continued

use of the Services, you may be required to provide personal

information about yourself (such as identification or contact

details), including:

(a) Email address

3.3. You warrant that any information you give to Jennifer Lee

Buchanan; Jenzart Creations in the course of completing the

registration process will always be accurate, correct and up to

date.

3.4. Once you have completed the registration process, you will be a

registered member of the Website ('Member') and agree to be

bound by the Terms.

3.5. You may not use the Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with

Jennifer Lee Buchanan; Jenzart Creations; or

(b) you are a person barred from receiving the Services

under the laws of Australia or other countries including

the country in which you are resident or from which you

use the Services.

4. Your obligations as a Member

4.1. As a Member, you agree to comply with the following:

(a) you will use the Services only for purposes that are

permitted by:

(i) the Terms; and

(ii) any applicable law, regulation or

generally accepted practices or

guidelines in the relevant jurisdictions;

(b) you have the sole responsibility for protecting the

confidentiality of your password and/or email address.

Use of your password by any other person may result in

the immediate cancellation of the Services;

person, or third parties, is strictly prohibited. You agree to

immediately notify Jennifer Lee Buchanan; Jenzart

Creations of any unauthorised use of your password or

email address or any breach of security of which you have

become aware;

(d) access and use of the Website is limited, non-transferable

and allows for the sole use of the Website by you for the

purposes of Jennifer Lee Buchanan; Jenzart Creations

providing the Services;

(e) you will not use the Services or the Website in connection

with any commercial endeavours except those that are

specifically endorsed or approved by the management of

Jennifer Lee Buchanan; Jenzart Creations;

(f) you will not use the Services or Website for any illegal

and/or unauthorised use which includes collecting email

addresses of Members by electronic or other means for

the purpose of sending unsolicited email or unauthorised

framing of or linking to the Website;

(g) you agree that commercial advertisements, affiliate links,

and other forms of solicitation may be removed from the

Website without notice and may result in termination of the

Services. Appropriate legal action will be taken by

Jennifer Lee Buchanan; Jenzart Creations for any illegal

or unauthorised use of the Website; and

(h) you acknowledge and agree that any automated use of

the Website or its Services is prohibited.

5. Payment

5.1. Where the option is given to you, you may make payment for the

Services (the ' Services Fee') by way of:

(a) PayPal ('PayPal')

(b) Credit Card

5.2. All payments made in the course of your use of the Services are

made using Stripe. In using the Website, the Services or when

making any payment in relation to your use of the Services, you

warrant that you have read, understood and agree to be bound

by the Stripe terms and conditions which are available on their

website.

5.3. You acknowledge and agree that where a request for the

payment of the Services Fee is returned or denied, for whatever

reason, by your financial institution or is unpaid by you for any

other reason, then you are liable for any costs, including banking

fees and charges, associated with the Services Fee.

5.4. You agree and acknowledge that Jennifer Lee Buchanan;

Jenzart Creations can vary the Services Fee at any time .

6. Refund Policy

Jennifer Lee Buchanan; Jenzart Creations will only provide you with a refund of

the Services Fee in the event they are unable to continue to provide the

Services or if the manager of Jennifer Lee Buchanan; Jenzart Creations makes

a decision, at its absolute discretion, that it is reasonable to do so under the

circumstances (the 'Refund').

7. Copyright and Intellectual Property

7.1. The Website, the Services and all of the related products of

Jennifer Lee Buchanan; Jenzart Creations are subject to

under the laws of Australia and through international treaties.

Unless otherwise indicated, all rights (including copyright) in the

Services and compilation of the Website (including but not

limited to text, graphics, logos, button icons, video images, audio

clips, Website, code, scripts, design elements and interactive

features) or the Services are owned or controlled for these

purposes, and are reserved by Jennifer Lee Buchanan; Jenzart

Creations or its contributors.

7.2. All trademarks, service marks and trade names are owned,

registered and/or licensed by Jennifer Lee Buchanan; Jenzart

Creations, who grants to you a worldwide, non-exclusive,

royalty-free, revocable license whilst you are a Member to:

Jennifer Lee Buchanan; Jenzart Creations does not grant you

any other rights whatsoever in relation to the Website or the

Services. All other rights are expressly reserved by Jennifer Lee

Buchanan; Jenzart Creations.

(a) use the Website pursuant to the Terms;

(b) copy and store the Website and the material contained in

the Website in your device's cache memory; and

non-commercial use.

7.3. Jennifer Lee Buchanan; Jenzart Creations retains all rights, title

and interest in and to the Website and all related Services.

Nothing you do on or in relation to the Website will transfer any:

to you.

(a) business name, trading name, domain name, trade mark,

industrial design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name,

domain name, trade mark or industrial design, or

registered design or copyright (or an adaptation or

modification of such a thing, system or process),

7.4. You may not, without the prior written permission of Jennifer Lee

Buchanan; Jenzart Creations and the permission of any other

relevant rights owners: broadcast, republish, up-load to a third

party, transmit, post, distribute, show or play in public, adapt or

change in any way the Services or third party Services for any

purpose, unless otherwise provided by these Terms. This

prohibition does not extend to materials on the Website, which

are freely available for re-use or are in the public domain.

8. Privacy

8.1. Jennifer Lee Buchanan; Jenzart Creations takes your privacy

seriously and any information provided through your use of the

Website and/or Services are subject to Jennifer Lee Buchanan;

Jenzart Creations's Privacy Policy, which is available on the

Website.

9. General Disclaimer

9.1. Nothing in the Terms limits or excludes any guarantees,

warranties, representations or conditions implied or imposed by

law, including the Australian Consumer Law (or any liability

under them) which by law may not be limited or excluded.

9.2. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or

conditions which are not expressly stated in the Terms are

excluded; and

(b) Jennifer Lee Buchanan; Jenzart Creations will not be

liable for any special, indirect or consequential loss or

damage (unless such loss or damage is reasonably

foreseeable resulting from our failure to meet an

applicable Consumer Guarantee), loss of profit or

opportunity, or damage to goodwill arising out of or in

connection with the Services or these Terms (including as

a result of not being able to use the Services or the late

supply of the Services), whether at common law, under

contract, tort (including negligence), in equity, pursuant to

statute or otherwise.

9.3. Use of the Website and the Services is at your own risk.

Everything on the Website and the Services is provided to you

"as is" and "as available" without warranty or condition of any

kind. None of the affiliates, directors, officers, employees, agents,

contributors and licensors of Jennifer Lee Buchanan; Jenzart

Creations make any express or implied representation or

warranty about the Services or any products or Services

(including the products or Services of Jennifer Lee Buchanan;

Jenzart Creations) referred to on the Website. includes (but is not

restricted to) loss or damage you might suffer as a result of any of

the following:

(a) failure of performance, error, omission, interruption,

deletion, defect, failure to correct defects, delay in

operation or transmission, computer virus or other harmful

component, loss of data, communication line failure,

unlawful third party conduct, or theft, destruction, alteration

or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on

the Website, the Services, or any of its Services related

products (including third party material and

advertisements on the Website);

Services or any of the products of Jennifer Lee Buchanan;

Jenzart Creations; and

(d) the Services or operation in respect to links which are

provided for your convenience.

10. Education Services

10.1. By using our services, you agree that Jennifer Lee Buchanan;

Jenzart Creations is not to be held liable for any decisions you

make based on any of our services or guidance and any

consequences, as a result, are your own. Under no

circumstances can you hold Jennifer Lee Buchanan; Jenzart

Creations liable for any actions you take nor can you hold us or

any of our employees liable for any loss or costs incurred by you

as a result of any guidance, advice, coaching, materials or

techniques used or provided by Jennifer Lee Buchanan; Jenzart

Creations.

10.2. All our information on both the website and in consultations is

intended to assist you and does not in any way, nor is it intended

to substitute professional, financial or legal advice. Results are

not guaranteed and Jennifer Lee Buchanan; Jenzart Creations

takes no responsibility for your actions, choices or decisions.

11. Limitation of liability

11.1. Jennifer Lee Buchanan; Jenzart Creations's total liability arising

out of or in connection with the Services or these Terms,

however arising, including under contract, tort (including

negligence), in equity, under statute or otherwise, will not exceed

the resupply of the Services to you.

11.2. You expressly understand and agree that Jennifer Lee

Buchanan; Jenzart Creations, its affiliates, employees, agents,

contributors and licensors shall not be liable to you for any direct,

indirect, incidental, special consequential or exemplary

damages which may be incurred by you, however caused and

under any theory of liability. This shall include, but is not limited

to, any loss of profit (whether incurred directly or indirectly), any

loss of goodwill or business reputation and any other intangible

loss.

12. Termination of Contract

12.1. The Terms will continue to apply until terminated by either you or

by Jennifer Lee Buchanan; Jenzart Creations as set out below.

12.2. If you want to terminate the Terms, you may do so by:

Your notice should be sent, in writing, to Jennifer Lee Buchanan;

Jenzart Creations via the 'Contact Us' link on our homepage.

(a) providing Jennifer Lee Buchanan; Jenzart Creations with

14 days' notice of your intention to terminate; and

(b) closing your accounts for all of the services which you

use, where Jennifer Lee Buchanan; Jenzart Creations has

made this option available to you.

12.3. Jennifer Lee Buchanan; Jenzart Creations may at any time,

terminate the Terms with you if:

(a) you have breached any provision of the Terms or intend to

breach any provision;

(b) Jennifer Lee Buchanan; Jenzart Creations is required to

do so by law;

Buchanan; Jenzart Creations is, in the opinion of Jennifer

Lee Buchanan; Jenzart Creations, no longer commercially

viable.

12.4. Subject to local applicable laws, Jennifer Lee Buchanan; Jenzart

Creations reserves the right to discontinue or cancel your

membership at any time and may suspend or deny, in its sole

discretion, your access to all or any portion of the Website or the

Services without notice if you breach any provision of the Terms

or any applicable law or if your conduct impacts Jennifer Lee

Buchanan; Jenzart Creations's name or reputation or violates the

rights of those of another party.

13. Indemnity

13.1. You agree to indemnify Jennifer Lee Buchanan; Jenzart

Creations, its affiliates, employees, agents, contributors, third

party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs,

expenses, loss and damage (including legal fees on a full

indemnity basis) incurred, suffered or arising out of or in

connection with Your Content;

(b) any direct or indirect consequences of you accessing,

using or transacting on the Website or attempts to do so;

and/or

15.

Dispute Resolution

15.1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence

any Tribunal or Court proceedings in relation to the dispute, unless the

following clauses have been complied with (except where urgent interlocutory

relief is sought).

15.2. Notice:

A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms,

must give written notice to the other party detailing the nature of the dispute, the

desired outcome and the action required to settle the Dispute.

15.3. Resolution:

On receipt of that notice ('Notice') by that other party, the parties to the Terms

('Parties') must:

(a) Within 60 days of the Notice endeavour in good faith to resolve the

15.4. Confidential:

All communications concerning negotiations made by the Parties arising out of

and in connection with this dispute resolution clause are confidential and to the

extent possible, must be treated as "without prejudice" negotiations for the

purpose of applicable laws of evidence.

15.5. Termination of Mediation:

If 30 days have elapsed after the start of a mediation of the Dispute and the

Dispute has not been resolved, either Party may ask the mediator to terminate

the mediation and the mediator must do so.

Dispute expeditiously by negotiation or such other means upon which

they may mutually agree;

(b) If for any reason whatsoever, 60 days after the date of the Notice, the

Dispute has not been resolved, the Parties must either agree upon

selection of a mediator or request that an appropriate mediator be

appointed by the President of the Australian Mediation Association;

Conflict Resolution Service or his or her nominee;

mediator and the cost of the venue of the mediation and without limiting

the foregoing undertake to pay any amounts requested by the mediator

as a pre-condition to the mediation commencing. The Parties must each

pay their own costs associated with the mediation;

(d) The mediation will be held in Sydney, Australia.

16. Venue and Jurisdiction

The Services offered by Jennifer Lee Buchanan; Jenzart Creations is intended

to be viewed by residents of Australia. In the event of any dispute arising out of

or in relation to the Website, you agree that the exclusive venue for resolving

any dispute shall be in the courts of New South Wales, Australia.

17. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any

dispute, controversy, proceeding or claim of whatever nature arising out of or in

any way relating to the Terms and the rights created hereby shall be governed,

interpreted and construed by, under and pursuant to the laws of New South

Wales, Australia, without reference to conflict of law principles, notwithstanding

mandatory rules. The validity of this governing law clause is not contested. The

Terms shall be binding to the benefit of the parties hereto and their successors

and assigns.

Approved by

Signature: _________________________________________

Full Name:

Date:

18. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and

reasonable and both parties having taken the opportunity to obtain independent

legal advice and declare the Terms are not against public policy on the grounds

of inequality or bargaining power or general grounds of restraint of trade.

19. Severance

If any part of these Terms is found to be void or unenforceable by a Court of

competent jurisdiction, that part shall be severed and the rest of the Terms shall

remain in force.

Jennifer Buchanan

31/03/2020