These terms and conditions apply to all Services provided by RED GRIFFIN ART PTY. LTD. ACN: 104 543 080 trading as Creative Kids Art Lessons (“us”, “we”) to you (the client). By subscribing or purchasing Services from us, you accept these terms and conditions.

It is important that you read and understand the terms of this Agreement and the rights and obligations of the Parties to this Agreement.

  1. Commencement and Term
    • This Agreement with you shall commence on the earlier of you:-
      • registering as a member through our website;
      • subscribing to our newsletter or circular;
      • purchasing or subscribing to any Services made available by us;
      • registering for Services;
      • making payment to us of Fees; or
      • us commencing the provision of Services to you.
    • This Agreement shall continue in time until all Services have been delivered by us to you unless terminated by a Party in accordance with this Agreement.
    • You must be over the age of 18 years to access our Services unless we otherwise agree.
  1. Services and Website

“Services” refers to all goods and services we provide from time to time including Programs and Materials and Online Courses to which you are permitted access and use as part of your Subscription Package.

  • Programs and Materials:-
    • The term “Programs and Materials” refers to any hardcopy or downloadable content including lesson plans, forms, procedures, manuals, photographs, tutorials, videos, recordings, diagrams, reference images, papers, guides, self paced learning or other material we make available on our website from time to time.
    • Programs and Materials are made available as part of your Subscription Package, depending on the Subscription Package you select.
  • Online Courses:-
    • The term “Online Course” refers to the online delivery of lesson plans, classes, courses, coaching, workshops and tutorials via our website (and not live in person) by video or live streaming.
    • Online Courses will be made available on our website on the agreed day and time and will remain available for re-accessing for a set period of time as we see fit.
  • “Thematic Units” means a lesson plan designed around a specific theme or subject.
  • “Website” means our website at creativekidsartlessons.com and any other social media pages, channels, portals apps websites or online/digital presences that we maintain from time to time.
  1. Subscription Packages
    • “Subscription Package” means the package that you agree to subscribe to and pay the related Fees to obtain access to.
    • We offer a monthly subscription package (“Monthly Subscription”) or an annual subscription package (“Annual Subscription”). On purchasing a Subscription, you become a Member.
    • A Monthly Subscription will commence on the date of purchase on our website and continue until the same date the following calendar month, except where the following calendar month does not have the same date, in which case it will continue until the date the following month which is the latest date before the same date. For example, if you commence a Monthly Subscription on the 6th March, the Monthly Subscription will end at midnight on the 6th If you commence a Monthly Subscription on the 31st March, your Monthly Subscription will end at midnight on 30th April.
    • An Annual Subscription will commence on the date of purchase on our website and continue for 1 calendar year from that date.
    • Unless you provide us notice in accordance with clause 8, on the ending of your Subscription, you will be automatically subscribed for a new subscription period equal to the period that has come to an end. For example, if you have not provided us notice in accordance with clause 8 at least 4 weeks prior to the ending of an Annual Subscription, then on the ending of the Annual Subscription you will be deemed to have agreed to purchase a further Annual Subscription commencing on that date for the then current price of Annual Subscriptions.
    • Both Monthly Subscriptions and Annual Subscriptions are capable of being terminated by us at any time, by email notice to you, if you are in breach of any of these terms and conditions.
    • A list of what is included in either a Monthly Subscription or Annual Subscription can be found under the title “What do I Get” on this website. That list of inclusions is applicable at the date that you purchase the Subscription. Inclusions are subject to change by us by editing that list on our website at any time and from time to time. However, the list published on our website on the date that you purchased your Subscription will continue to apply to your Subscription without change until your Subscription period ends, unless you agree otherwise in writing with us.
  1. Fees and Payments
    • Our schedule of fees and charges (“Fees”) will be published on our website from time to time for the various Services we offer and the Subscription Options. We may review and vary our Fees at any time and from time to time and any variation will take affect once published on our website except that if you have paid in advance for a Subscription, that Subscription fee is not subject to change during its term.
    • Payment for Services will be due at the time of subscribing or purchasing the Service (as the case may be).
    • You will not be entitled to access any Service until payment has been received in full.
    • If your payment is dishonoured, we may:-
      • suspend or terminate access to the Services; and
      • on charge to you any bank fees associated with the dishonour.
    • We do not offer refunds for change of mind and there is no cooling off period.
    • You may not deduct or set off any amount we owe you from any amount you owe us.
    • If you request your bank to decline or cancel a payment, we will on charge to you all bank and processing costs incurred by us and immediately terminate access to our Services.
  1. General Nature of the Information Provided
  • You acknowledge that any information, Programs and Materials or advice given by us, whether as part of our Services or otherwise, is of a general nature only.
  • Whilst we are committed to providing our clients with initial and on-going support, we do not warrant or guarantee that any particular outcome will be achieved, or that your performance, experiences or knowledge will be improved, as a result of the Services.
  • You acknowledge that except where expressly stated, the completion of a Service may not result in any commonly recognised achievement, award, certificate or qualification. Further, we do not warrant that our Services will meet curriculum requirements. The onus to determine whether a Service will deliver the required outcome for the purposes of meeting curriculum requirements rests solely with you.
  • You acknowledge that the only qualifications our staff and contractors have are those noted on our website. Some Services do not require any particular qualifications and are delivered based on experience.
  1. Ownership of Intellectual Property and Purpose of Use
    • All Programs and Materials, Online Courses content and other information published on our website, downloaded from our website or otherwise delivered or provided as part of our Services (including orally) is our intellectual property and is protected by copyright.
    • If you consent, whether deemed by the preceding paragraph or expressly, to providing a testimonial or appearing (whether visually in photographs, videos or other images or your written content) in any content on our website or elsewhere in relation to our Services, you irrevocably agree that all intellectual property in same vests in us on creation absolutely and we may use same for such marketing and other purposes as we see fit from time to time without requiring any further consent from you.
    • If you upload your own content to our website then, at the time of upload, you assign all of your intellectual property rights in same to us and we may use same for such marketing and other purposes as we see fit from time to time without requiring any further consent from you.
    • The sole purpose for which you are permitted to use the Services is for the delivery by you, in your capacity as an educator, of art lessons to your students during the subscription period that you paid to have access to the intellectual property for. On expiration of the relevant subscription period, your access to the Services and the paid content of our website will terminate. You are granted a non-exclusive licence in perpetuity to use any content, including intellectual property, which you have downloaded from our website during the term of your Subscription period for the sole purpose stated hereinbefore, provided that we can terminate that licence at any time by notice to you, with or without cause. It is your responsibility to download content during the term of your Subscription as you will not be able to download it after your Subscription ends.
    • You are not to share our intellectual property with other educators or conductors of art lessons, classes, workshops, tutorials or other instructors. A Subscription entitles only the single subscriber to use of the intellectual property provided by us as part of the Subscription. Each educator who wishes to use our intellectual property must have their own Subscription. Subscriptions are available for institutions, please contact us through the contact form on our website for enquiries relating to Subscriptions for institutions. If you wish to hold a Subscription on behalf of someone other than you personally, you must contact us directly and obtain a prior written express consent to do so.
    • You must not use our intellectual property for any purpose other than that which we provided it to you for (as stated in clause 6.4). Without limiting the foregoing, you must not copy, distribute, make publicly available, publish, disseminate our intellectual property and you must not make our intellectual property available to anyone who has not paid Fees for the Services containing the intellectual property (if Fees are payable) or is otherwise a member (if Fees are not payable) other than students/participants in your lessons.
  1. Membership Information
    • You warrant that the information provided by you at the time of subscription is correct and relates to you.
    • It is your responsibility to keep your information that we have about you up to date at all times.
    • We may suspend or terminate your membership at any time and for any reason with or without notice to you.
  1. Suspension and Termination
    • Either Party may terminate this Agreement, without cause, by, in the case of an Annual Subscription, four weeks’ notice to the other Party or in the case of a Monthly Subscription, one week’s notice to the other Party. If-
      • you terminate pursuant to this clause, then you forfeit any pre-paid monies for the unexpired period of your subscription; but if
      • we terminate pursuant to this clause, then you will be entitled to a pro-rata refund of the unexpired period of your subscription.
  1. Exclusion of Warranties and Liability
    • Our Services come with guarantees that we cannot be excluded under the Australian Consumer Law. For any major failure with the Services, you are entitled:-
      • to cancel the Service;
      • to a replacement;
      • to a refund for the unused portion, or to compensation for its reduced value.
    • You are entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the Service rectified in a reasonable time and, if this is not done, to cancel your Agreement and obtain a refund for the unused portion of the Services.
    • Subject to the preceding clause and to the maximum extent permitted by law, we exclude all liability to you for any claim, proceeding or action whatsoever or howsoever arising in relation to:-
      • the Services and the delivery, or failed delivery, of the Services;
      • our acts or omissions.
    • To the extent we are found by a Court of competent jurisdiction to be liable to you, the maximum extent of our liability shall be a refund to you of the Fees paid by you in relation to the Services for which we are held to be liable.
    • We may deduct or set off any monies you owe us from any monies we owe to you.
    • You acknowledge that we may disclose any information we hold or collect about you to any law enforcers or any other person that the law requires us to disclose information to. Please review our Privacy Policy which is available on our website for further information on the collection, use and storage of your personal information.
  1. General Availability
  • We reserve the right to change the Services we offer from time to time as we see fit and without notice to you provided that when you have prepaid for a Subscription, we will not change the Services provided to you under that Subscription for the period of that Subscription unless you agree, or unless we provided other Services of equal value. We also reserve the right to refuse to provide Services to any person for any reason.
  • We do not warrant that our Services will be delivered free from interruption or delay. We will not be liable to you for any loss resulting from interruption or delay, including any inability to access our website.
  1. General Provisions
    • We may amend these terms and conditions at any time and if we do, we will publish the latest terms and conditions on our website which shall have effect from being published. The version of the terms and conditions published on our website at the time you purchase/subscribe to a Service will apply to that Service. By continuing to use our website or Services you agree to be bound by the most recent version of terms for any Services purchased or subscribed to. It is your responsibility to check the website regularly.
    • The laws of Western Australia govern this Agreement and the Parties submit to the jurisdiction of the Courts of Western Australia and any Court exercising appellate jurisdiction. That is, the laws of Western Australia apply, regardless of where you are accessing Services from.
    • We may assign our rights under this Agreement without your consent. You cannot assign your rights without our consent.
    • If any provision of this Agreement is unenforceable, illegal or void, that provision shall be severed and the remainder of the Agreement shall continue in full force and effect.
    • This Agreement read in conjunction with our Privacy Policy and Website Use Terms and Conditions (both of which are published on our website and updated from time to time) contains the entire agreement and understanding of the Parties on everything connected with the subject matter of this Agreement and supersedes any prior agreement or understanding.
    • A Party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.
    • A Party in default of this Agreement shall be liable to reimburse and indemnify the non-defaulting party for all costs incurred by the non-defaulting party (including legal costs on a solicitor-own client basis) arising from the default or incurred by the non-defaulting Party enforcing its rights hereunder.
  1. Interpretations
    • In this Agreement:-
      • One gender includes the others;
      • The singular includes the plural and the plural includes the singular;
      • Headings are for convenience only and do not form part of this agreement or affect its interpretation.
      • A provision of this agreement must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of the agreement or the inclusion of the provision in the agreement.

A “person” includes a body corporate or other entity except where expressly stated or where the context implies otherwise. For the avoidance of doubt, only a individual human person is capable of being a Subscriber unless we otherwise expressly agree.