These terms and conditions govern the use of www.creativekidsartlessons.com (Website). Your access to and use of the Website and all information and other material published on the Website from time to time is conditional upon the terms and conditions set out in this document.

By accessing, using, purchasing from or registering with any area of the Website, you agree that such access is subject to these terms and conditions and all applicable laws, and that your access to the Website is at your own risk. If you do not agree to these terms and conditions, you must not use the Website.

Please refer to our Privacy Policy for information on how we deal with your private information.

Please refer to our Terms and Conditions of Sale for our terms and conditions of sale including refunds.

Viruses or Defects

We make no representation or warranty that the material on our website or any link to another website is free from viruses or other defects. We strongly recommend that prior to using any downloaded file, you carry out an appropriate virus check and have appropriate protection software installed on your device.

Intellectual Property

The website and all information and other material published on this website from time to time is the copyright property of RED GRIFFIN ART PTY. LTD. ACN: 104 543 080 trading as Creative Kids Art Lessons unless we expressly advise otherwise.

Website Content

The information and other material published on this website is provided for your personal use for the purposes permitted by us, as set out in our Terms and Conditions of Sale.

Whist you may print or save a copy for your own use, you may not, without our written permission copy, reproduce, adapt, modify, republish, frame, post, upload, distribute, transmit, reverse engineer or make available the website or any of the information or other material published on the website from time to time, unless it is for a purpose which is permitted by us, as set out in our Terms and Conditions of Sale.

You may not commercialise or use for your own commercial benefit, profit or gain, the website or any information or other material published on the website from time to time.

Content on this Website may contain the intellectual property of others. We do not authorise you to use the intellectual property of others in any way whatsoever. We do not represent that we have any power to authorise you to do so.

The rights in our intellectual property remain with us at all times. Your use of the website or access to any information or material published on the website from time to time does not grant to you any right to use our intellectual property in any manner other than set forth herein or in our Terms and Conditions of Sale.

Artwork, Designs and Products

All intellectual property including but not limited to our lesson plans, designs, patterns, cuts, materials, fabrics, methods, sculptures, crafts, images and products, belongs to us at all times.

Without limiting the generality of the foregoing, all images and products are © RED GRIFFIN ART PTY. LTD. All rights reserved. No form of reproduction or manipulation in whole or in part is authorized unless you have purchased that right from us and are exercising that right in accordance with our Terms and Conditions of Sale.

Unless we agree in writing otherwise, you have no right or licence to use any of our intellectual property other than for the express purpose on which it was provided by us to you. We do not offer any terms of exclusivity and we may reproduce or reuse any of our intellectual property as we see fit.

Different computer screens and monitors may affect how colours and dimensions are displayed and we are not able to guarantee the accuracy of any colours or dimensions displayed on our website.

Currency Conversions

If a payment processor provides you the option to pay in a currency other than Australian Dollars, then you accept any currency conversion that processor processes.

Cookies

We use cookies on our website. These are small text files that are placed on your computer when you visit our website. We use Cookies to monitor the traffic to the various pages on our website so that we can improve its relevance to our clients. Most of this information is aggregated and used for statistical purposes. The information we collect in this manner, is not reasonably personally identifiable.

Most browsers are set up to accept cookies however if you do not wish to receive any cookies, you may be able to change the settings of your browser to give you greater control over this.

We also collect some information about your use of our website. Much of this information will not be personal as it will not reveal your personal identity.

We may use cookies for remarketing purposes on internet search sites.

To support our website and the information we post, we sometimes embed photos and video content from other websites and video channel sites. As a result, when you visit a page on our website with content embedded from these other websites, you may be presented with cookies from those other websites. You should check the terms and conditions on those websites for more information about their cookies.

Links

You will notice that some of the information and material we have provided on our website contains links to other websites. We make no representation or warranty as to the accuracy or any other aspect of the information or material on those websites. We do not have any arrangement and do not endorse or recommend any of the information, goods or services referred to on any of the linked websites unless specifically stated.

Liability

We take no responsibility for any loss suffered in connection with the website, or any of the information, blog or other material on the website. This specifically includes, but is not limited to, loss arising out of:

  • transmission of computer viruses;
  • damage to your computer through accessing the website or any links or other material on our website;
  • content on our website being inaccurate;
  • you relying on content on the website; and
  • content on the website being out of date.

To the maximum extent permitted by law, we exclude all liability arising from you accessing the website, or the information, blog or other material published on the website from time to time including links.

Where we are not permitted to be excluded by law, our liability arising out of you accessing the website or any information, blog, links or other material on our website is limited to us re-supplying the content on the website to you, or us paying the cost of the resupply of the content to you capped at the amount you have paid to us for access.

We will not be liable to you or any third party for special damages, indirect damages, incidental damages, consequential damages, lost profits whatsoever and howsoever arising.

System Interruptions

We do not warrant that our website will be free from errors or interruption free. We may suspend access to our website at any time and from time to time without warning to you. We will not be liable to you for loss suffered in connection with your inability to access the website.

Third Party Payment Services

Payment is required at check-out. We currently use Stripe to provide a secure environment for the authorisation of credit and debit card transactions. You will need to select your payment method at check out and enter the payment details as required (“Payment Information”). MasterCard, Visa or American Express cards can be used for payment. You are solely responsible to ensure that the Payment Information you have entered is correct. We do not keep a record of your credit card details, instead your payment is sent to us as a code for the transaction. We cannot access, store or retrieve any of your Payment Information.

You warrant to us that the Payment Information you use to have your payment processed by a payment processor is your own, or you have the authority to use another person’s Payment Information (for example, your school’s or spouse’s).

When you choose to use a payment processor to process your payment, you will be redirected to the payment processor’s website to complete the transaction. At no time does any Payment Information pass to us. We cannot access, store or retrieve any of your Payment Information.

You must follow all prompts of the payment processor and you should not refresh or exit the web page while the payment is being processed.

Any authorisations required, as well as confirmations of the successful processing of the payment by the payment processor will be issued directly to you by the payment processor.

If your payment is unsuccessful you will be notified of the failure. You should contact the payment processor for more details as we will not be advised that you attempted a failed payment.

The terms of the payment processor, including any fees, payment schedules, interest rates and other matters are between you and the payment processor and absolutely independent of our agreement with you for the sale of products. Any issues you have in relation to matters with the payment processor are to be directed to the payment processor.

General

If your payment fails, please use one of the other payment methods available at check out.

Until you receive a confirmation of your payment transaction being successfully processed, no action can be taken on the basis of payment being made. Accordingly, you are responsible to ensure that the email address you enter to receive the payment confirmation is correct. If you did not receive an email confirmation regarding your transaction, please make sure you have checked your spam and junk email folders before contacting our offices.

There may be a delay between you processing the payment transaction and us receiving the payment in our account. We are under no obligation to take any action regarding an alleged payment until we have received payment in our account.

You use the website payment services entirely at your own risk.

We have no control over, and assume no responsibility for, the content, privacy policies or practices of any bank or payment processor. You acknowledge and agree that we shall not be responsible or liable to you for any loss, damage or costs you or any other person may suffer or incur attributable to any services provided by any bank or payment processor.

Further, we will not be liable to you for any loss, damage or costs you or any other person may suffer or incur attributable to the use of the website payment service whatsoever and howsoever arising.

You will be liable to us, and you indemnify us, for any loss, damage or costs we may suffer or incur attributable to your use of the website payment service howsoever arising.

If there are issues processing your payment transaction, the onus is on you to resolve those issues. Whilst we may provide assistance, we are under no obligation to commence any investigation, complaint or other enquiry on your behalf or in relation to the processing of your payment transaction.

If you have made an error in processing your payment and we have agreed to refund this payment, we will use reasonable endeavours to process the refund within 20 business days of your request being agreed to. To request a refund, please provide your request in writing by filling in a contact request form on our website. Refunds, if approved, are returned using the original method of payment unless we determine otherwise.

If you attempt to have the payment refunded, returned or cancelled via a complaint procedure with the card issuer or payment processor, we may reject any request if we do not agree that a refund, return or cancellation is warranted. If nonetheless the card issuer or payment processor refunds, returns or cancels your payment to us and we are charged any fees in relation to the processing of the payment or the refund, return or cancellation, we will be entitled to recover such fees from you on demand and withhold all products the subject of the order.

Updates

We may update or modify these terms and conditions from time to time. You should always follow the link on our website to ensure that you are viewing the most up-to-date copy.

The laws of Western Australia apply to these terms and conditions regardless of your location.