Terms & Conditions

Welcome http://liveforart.com.au (our Site).These Terms and Conditions (Terms) govern your use of this Site, as well as Live For Art®’s products and services, and form a binding contractual agreement between you and us. These Terms are important and you should ensure that you read them carefully and contact Live For Art® at Julie@liveforart.com.au if you have any questions before purchasing our products or engaging our services. These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.

Live For Art’s products and services are intended for people aged 18 and over unless specifically stated an event is a children’s event.

General – Acceptance of Terms

This website (the “Site”) and the paid courses and programs on this website is owned and operated by Live For Art Pty Ltd (“Live For Art ,” “we” or “us”). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, our Copyright Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from Live For Art. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.
We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service as modified.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.
If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

We reserve the right to suspend or terminate your use of the Site, the Live For Art Community or our products and/or services generally, if you breach any of these Terms, as determined by us in our sole discretion.

Intellectual Property Rights

Our Limited License to You.

This Site and all the materials available on the Site are the property of us, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site, or the materials available on the Site, in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.

Paid Programs – Single Usage Rights

IMPORTANT: If you join any of our paid online courses or programs, the fee you pay is to educate one person. You are not permitted to share your login with anybody else. You are permitted to access the content from up to three devices of which no more than two can be tablet or desktop devices. We may use IP tracking software, pixels or cookies that tracks every individual login to our paid content and the email address associated with the account that paid for the course. This software tracks the date, time, location, device type, email address of paid account, what kind of device was used, the browser used and all content viewed. If a breach of contract occurs as a result of more than 3 devices or more than 2 desktop or tablet devices accessing your account, your account may be immediately suspended or blocked permanently depending on the outcome of an investigation into the matter. In essence, buying access to any of our paid content is for one person only, not as many people as you care to share your logins with.

Your License to Us.

IMPORTANT: By posting or submitting any material (including without limitation, comments, blog entries, photos and videos) to us via, or in relation to the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the expressed consent of the owner of the material; and (ii) that you are 18 years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium now-known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, screen name and / or images, as we deem appropriate.

Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws.

You own the intellectual property rights (things like copyright or trademarks) in any such content that you create and share on our site and communities. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.

However, to provide our services we need you to give us some legal permissions (known as a ‘license’) to use this content. This is solely for the purposes of providing and improving our products and services.

Specifically, when you share, post, or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo, or information, you give us permission to store, copy, and share it with others (again, consistent with your settings) such as service providers that support our service.

This license will end when your content is deleted from our systems.

Limitations on Linking and Framing.

You may establish a hypertext link to the Site as long as the link does not state or imply any sponsorship of your site by us or by the Site. You may not, however, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

Disclaimer

All Live For Art products and services are intended for general education and information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the products and/ or services, purports to offer legal or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.

Live For Art provides support, guidance, education and tools for you to set goals, learn new skills and achieve results, but any decision you make and actions you take, and the consequences that flow from such decisions and actions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, practice and motivation.

Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.

You acknowledge and agree that Live For Art, its directors, principals, employees and representatives are not responsible for decisions and actions that you may make.

Registering Your Details (Where relevant)

In some areas before you purchase our products and/or services, you must register an account with us.

You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.

We may at any time request a form of identification to verify your identity.

If you are a registered user or member to this Site, you acknowledge and agree that:

• You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time;
• You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
• You will immediately notify us if your Password is lost or becomes known to any other person
• You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and
• Any information you provide to us for posting or inclusion in our Live For Art® Community, at any time, becomes our property.

To the extent that you provide personal information, Live For Art® will treat such information strictly in accordance with its Privacy Policy.

You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorized use of your registered details.

Where a member service is for one user only, you will not let any other person use your Password or any registered user or member services.

Your Obligations

When using our products and/or services, you may be given access to Facebook groups, other online or in person forums (Live For Art Community) or events in which you may post comments, photos, messages or other material (Your Content). When posting Your Content, you agree that you will not post or otherwise publish through this Site or our Live For Art Community any of the following:

• Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
• Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
• Information that includes personal or identifying information about another person without that person’s consent.
• Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.
• Any information or content that impersonates any person or entity.
• Any material, non-public information about companies without authorisation to do so.
• Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).

By posting or otherwise publishing Your Content on our Site or Live For Art Community, you:

• Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;
• Warrant that you have the right to grant the above licences;
• Warrant that Your Content does not breach these Terms; and
• Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

We reserve the right (but have no obligation) to:

• Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
• Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.

Code of Conduct

Our Site and Live For Art Community is a space for learning and is a pitch-free, solicitation-free and sales-free environment.

Whilst using this Site and/or our Live For Art Community, we ask that you not:

• Contact anyone who has asked not to be contacted.
• Collect personal data about other users for commercial or unlawful purposes.
•  Infringe other user’s privacy rights.
• Violate the intellectual property of others.
• Post anything that contains software viruses, worms or any other harmful code; or
• Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.

Confidentiality

We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our products and/or services, you agree to respect the same rights of the other Live For Art product and/or services participants (Participants) and representatives of Live For Art.

You agree:

• That any confidential information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us.
• Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.
• That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us.
• That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.

While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.>

Copyright and Trade Mark Notices

All material on this Site, in our Live For Art Community or otherwise delivered by us including (but not limited to) course content, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may access, browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior express written permission if you’d like to use, copy, record or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.

You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.

The trademarks, logos, and service marks displayed on our Site are the registered and/or unregistered trademarks of Live For Art. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Live For Art, in any manner that is likely to cause confusion with customers, or in any manner that disparages Live For Art.

Nothing contained on this Site or in our Live For Art Community should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.

You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Live For Art® will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

Cancellations and Refunds

CLASSES AND EVENTS

Customer Cancellations / Reschedules:

To request a refund or to reschedule, please email info@liveforart.com.au. (The time of the email is the time recorded as the request being made).

If you submit your request more than 3 days (72-hrs) before your class start time, you are eligible for a full refund. You will receive the refund in the same manner in which you paid. Alternatively, you can opt to receive a credit voucher which enables you to book into any upcoming session within the next 3 years from the date received. Note if it is a private class or you have booked for 4 or more people, then 7 days notice is needed for a full refund.

If you submit your request within 3 hours to 3 days (72 hrs) before your session start time, we will issue you a credit voucher less a last minute cancellation/reschedule fee of 30%.  You can use your credit voucher to book into any upcoming session within the next 12 months from the date received.

No Show:

Due to limited seating, if you submit your request within 3-hrs before your session start time or you do not attend the session, you will be considered a ‘No Show’ and you will not be eligible to receive a credit voucher or refund or reschedule.

Special Events:

Notice periods for special events will generally be longer and may differ from standard terms. Any variations will be provided prior to booking.

CANCELLATIONS BY LIVE FOR ART:

We will make every effort to deliver our services to you, as promised.

On occasion, however, we may need to cancel a session where insufficient bookings are made, or due to Government Pandemic rules.  We will do our best to provide sufficient notice to you about any session cancellation.  We apologize to you in advance for any inconvenience caused.

Where we elect to cancel a session, we will provide you with a full refund or credit to the value of your purchase.

Live For Art will not reimburse any optional expenses including but not limited to travel and accommodation.

ONLINE TRAINING AND COURSES:

Refunds are not provided for online courses, including where you have been given access to our content and material, whether accessed by you or not, unless we are in breach of the Australian Consumer Law, as set out in Schedule 2 to the Australian and Competition Act 2010 (Cth).

Online Commerce

Certain sections of the Site may allow you to purchase different types of products and services online that are provided by us or third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of any third party products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information you give as part of the transaction, such as your contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are very different from ours. We have no responsibility or liability for those independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us, our staff, and our affiliates from any damages you may incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Live For Art shall not be responsible or liable for any loss, damage (including consequential damages) or other matters of any sort incurred as the result of such dealings.
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 agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the expressed consent of such third party to provide such third party’s personal information.

Fees & Payments

All fees and payments are expressed in Australian Dollars, unless otherwise stated.
(Online courses may be in US Dollars, due to the global nature of that part of our business. As a result, the amount you pay in your local currency may be higher than the amount as stated in US Dollars. Costs may be incurred when converting other currencies to US Dollars for the purposes of making payments to us. You acknowledge that it is your responsibility to be aware of and incur these currency conversion costs).

Virtual and In Person Events

Virtual and In Person Events

For the purpose of the paragraphs below, any virtual events or in-person events hosted by Live For Art will be referred to as ‘Events’.

Live For Art reserves the right to exclude you from any Event should you, in Live For Art’s sole determination, become disruptive.

You understand and acknowledge that Live For Art and/or its representatives may record any aspect of an Event (Recordings). Those Recordings may be in the form of audio, video or still photography, and those Recordings may be used in the production of marketing or other materials to be used by Live For Art.

You hereby waive any and all legal rights you may have against Live For Art in respect of Recordings of your participation in the event and grant to Live For Art the absolute right and permission to copyright and use, reuse and publish the Recordings where you may be depicted or included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, or reproductions thereof in colour or otherwise, made through any medium and in any and all media now or later known, for art, advertising, trade or any other legal purpose. You also consent to the use of any printed matter in conjunction with that use.

You waive any right that you may have to inspect or approve the finished product or products of the Recordings or any printed matter that may be used in connection with the Recordings or the use to which it may be applied.

You hereby release, discharge and agree to hold harmless Live For Art from any and all liability that has or may occur in the making of the Recordings or any subsequent process or publication.

You acknowledge and understand that you are not permitted to make any of your own Recordings at any Event, webinar or other in-person forum or class, without the express permission of Live For Art.

Liability is Limited

The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under the Australian Consumer Law.

We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site, Live For Art Community or Our Content.

In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site, Live For Art Community or Our Content.

These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:

• Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).
• Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
• Accessing websites or servers maintained by other organisations through links on our Site, Live For Art Community or products or services. Links are provided for convenience only. We do not endorse linked websites nor their products and services and you access them at your own risk.
• The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.

Your Indemnity

You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, Live For Art Community or through use of our products or services.

Affiliate Disclosure

As affiliates of certain products and services we may receive compensation for recommending and promoting products/services linked to from this Site or via our Live For Art Community. We will endeavour to disclose these affiliates.

No Assignment

You cannot transfer or assign your Live For Art membership without Live For Art’s prior written consent.

We may assign or transfer our obligations under these Terms at any time, subject to giving you four (4) weeks prior notice in writing.

Dispute Resolution

If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause and any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.

In the case of claims against us, all notices are to be provided to Julie@liveforart.com.au

If the dispute is not resolved by agreement within five (5) business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further five (5) business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.

Once a mediator is appointed, the parties agree that:

• The costs of the mediator shall be borne equally between the disputing parties.
• The chosen mediator shall determine the procedures for mediation.
• The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.

If the parties have not mediated a resolution of the dispute within ten (10) business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.

Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court or tribunal of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.

Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.

This clause survives termination of these Terms.

Applicable Law

These Terms shall be construed in accordance with and governed by the laws of Victoria. You consent to the exclusive jurisdiction of the courts in Victoria  to determine any matter or dispute which arises between us.

Your Feedback

We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.

If you have questions or comments regarding this Site, or Live For Art products or services, please email us at julie@liveforart.com.au