Terms of Service
BY USING articci.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS AS OUTLINED BELOW.
The terms “Company”, “we,” “us,” and “our” refer to Saywell Designs Pty Ltd. The term the “Site” refers to articci.com. The terms “the Customer”, “Member”, “User,” “you,” and “your” refer to site visitors, customers, members and any other users of the site.
Articci is a membership site for online training, courses, resources and other content relating to painting, drawing, creating, designing, marketing and growing an art products business (the “Service”).
Use of articci.com, including all materials presented herein and all online services provided by Saywell Designs Pty Ltd (the “company”), is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
The parties agree that the Service is in the nature of education. The scope of services provided by Saywell Designs Pty Ltd according to this Agreement are limited to those listed on paintartthatsells.com and articci.com website. Saywell Designs Pty Ltd reserves the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.
The User further declares and represents that no promise, inducement or agreement not herein expressed has been made to the User to enter into this release. The release made pursuant to this paragraph shall bind the User’s heirs, executors, personal representatives, successors, assigns and agents.
The Service is offered on an “as is”, “where is” and “where available” basis, with no warranty of any kind – whether express, implied or statutory – including, but not limited to, warranties of title or the implied warranties of merchantability or fitness for a particular purpose. This does not affect those warranties which are incapable of exclusion, restriction, or modification under the laws applicable to this agreement.
The Company makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Saywell Designs Pty Ltd disclaims all liability for any inaccuracy, error, or incompleteness in the Content. Information provided on the Site and in the Service and other information are subject to change.
The User acknowledges that neither the Company, its affiliates, nor any of their respective employees, agents, third parties, or licensors warrant that the Service will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Service, or as to the timeliness, sequence, accuracy, reliability, completeness, or content of any information provided through the Service.
The User understands that the Company does not offer any representations, warranties, or guarantees, verbally or in writing, regarding your earnings, business profit, marketing performance, audience growth or any results of any kind. The User agrees that their results are dependent on various factors including but not limited to, skill, knowledge, ability, dedication, business acumen, and finances and in no way dependent on any information the Company provides to the User.
Except as specifically provided in this agreement or where the law requires a different standard, you agree that the Company is not responsible for any loss, property damage, or bodily injury, caused by use of the Service. To the maximum extent permissible under applicable law, the Company will not be responsible to the user or any third party claims through the User for any direct, indirect, special or consequential, economic or other damages arising in any way out of the Service.
Use of the Site and Service
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site.
In order to use the Service, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to the Company will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Refusal of Service
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We may at any time revoke provision the Service to a Customer, without the obligation to assign any reason for doing so. If the Company revokes access to the Service, a full refund will be provided to the Customer for any fees paid by the Customer.
We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
Duration of Agreement
Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against Saywell Designs Pty Ltd when there are reasonable delays in the access of the Service.
The Company reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.
Lifetime Access is for the lifetime of the Service. If for any reason, the Company should dissolve or cease to exist, then your access to the Service terminates.
For the purposes of the Service delivery, “Month”, or “Monthly”, shall mean a duration of 4 weeks or 28 days.
The Service includes a total of 24 Eclasses, delivered fortnightly (every 14 days).
Payments for the Service are made Monthly (being every 4 weeks), in advance to a total of 12 payments. Eclasses are made available to Members fortnightly (every 14 days). Each payment therefore provides access to 2 Eclasses. After the 12 payments have been made in full, Members will have Lifetime Access to the Service as defined above.
Non-Disclosure of Materials
Materials provided to the User by the Company is proprietary, copyrighted and developed specifically for or by the Company. The User agrees that such propriety material is solely for the User’s own personal use. Any disclosure to a third party is strictly prohibited.
Our Intellectual Property
The Site and Service contain intellectual property owned by Saywell Designs Pty Ltd, including trademarks, copyrights, proprietary information, and other intellectual property. The Company’s copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including Saywell Designs Pty Ltd’s copyrighted materials shall remain the sole property of Saywell Designs Pty Ltd. No license to sell or distribute our materials is granted or implied.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
Material you Submit to the Site
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
As a feature of the Service, Saywell Designs Pty Ltd may provide access to a community or social media platforms in conjunction with the Service. Saywell Designs Pty Ltd is not required to provide a community platform, and has complete discretion with regards to the platform, and the nature of the interaction, dependent on the Service.
You agree that your use of these community and social media platforms is a privilege and Saywell Designs Pty Ltd may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, or threatening. Saywell Designs Pty Ltd will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. Saywell Designs Pty Ltd is not required to provide notice, and reserves all rights to take immediate and appropriate action to protect the Saywell Designs Pty Ltd’s brand and image integrity.
Intellectual Property Rights to Your Materials
We claim no intellectual property rights over the material you supply to Saywell Designs Pty Ltd. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Saywell Designs Pty Ltd remains yours to the extent that you have any legal claims therein. You agree to hold Saywell Designs Pty Ltd harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
You consent to recordings being made of any calls or webinars provided as part of the Service. You consent to your name, words, voice, and likeness being used by Saywell Designs Pty Ltd for promotional, business development, and marketing purposes, without compensation to you. We will make reasonable effort to secure your written permission before using and distributing recordings, print materials, audio, or visual representations that refer to you.
The User accepts and agrees that they are fully responsible for their progress and results from the Service. The Company makes no representations, warranties or guarantees verbally or in writing regarding the User’s performance. The User understands and acknowledges that because of the nature of the Service, the results experienced by each client may vary significantly. The User acknowledges there is no guarantee that the User will reach their goals as a result of participation in the Service.
In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be by direct and private communication between the Parties. The recommended best way to handle, approach, deal with or resolve the dispute will be by contacting us directly via email to firstname.lastname@example.org or by post to the address listed below.
The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. The Parties agree that neither will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, each other or any of its services, members, owner directors, officers, affiliates, subsidiaries, employees, agents or representatives.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Third Party Resources
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Saywell Designs Pty Ltd. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, legal fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, SAYWELL DESIGNS PTY LTD IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF SAYWELL DESIGNS PTY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SAYWELL DESIGNS PTY TLD CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM SAYWELL DESIGNS PTY LTD, AND IF NO PURCHASE HAS BEEN MADE BY YOU SAYWELL DESIGNS PTY LTD CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement; Waiver
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect and shall in no way be affected, impaired or invalidated. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereafter.
This Agreement constitutes the entire agreement between you and Saywell Designs Pty Ltd pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Saywell Designs Pty Ltd shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Saywell Designs Pty Ltd.
All disputes regarding the construction, interpretation and parties’ obligations under this Agreement will be governed by and construed in accordance with the State of Queensland, Australia, notwithstanding any of that state’s laws to the contrary, regardless of the location of the Engagement. The venue and jurisdiction for the resolution of any such dispute are the courts in the city of the Gold Coast, Queensland, Australia. The Company agrees to abide by all applicable local laws. If the Company brings a claim for unpaid fees, the Customer shall pay all court costs, debt collection costs and legal fees.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Saywell Designs Pty Ltd
P O Box 1427
Broadbeach QLD 4218
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable legal fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Updated: February 2020