Terms

Terms and Conditions of Use and Purchase

Last Updated: July 2019

By using this website, you agree to the following Terms and Conditions and Privacy Policy. Please read them carefully before using this website.

General Provisions

This website is owned and operated by Emma Witte, trading as Black Chalk Collective, an Australian business. Our principal place of business is located in Melbourne, Australia.

You must be at least sixteen years of age to use our website. Use of this website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety or your individual use of the website. The Terms and Conditions contained on this page is subject to change at any time.

By clicking “Complete my purchase,” “Purchase,” “Join,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you the (“School Member”) agree to be provided with products, programs, or services as part of The Watercolour Academy website (“Membership”) operated by Emma Witte (“Owner”), acting on behalf of The Watercolour Academy (“Company”), and you are entering into a legally binding agreement with The Watercolour Academy, subject to the following terms:

Terms of Membership

(a)  Upon purchase and execution of this Agreement, the School Member will be provided with the following content and/or services as detailed on www.thewatercolouracademy.com (“the Website”) and selected prior to purchase for their own personal, non-commercial use. Content, programs, and/or services (collectively known as “the Services”) may include but are not limited to:

  1. Newsletters and emails
  2. Video tutorials, downloadable worksheets, sketching and reference photos
  3. Live video chats and replays
  4. Any other Content from The Watercolour Academy

(b) Though Emma Witte and The Watercolour Academy ambassadors comment on School Members’ paintings and Facebook posts, the School Member is NOT guaranteed direct feedback on any paintings or comments they post to the School website or Facebook group from Emma Witte or any member of her team.

(c) The scope of Services rendered by Emma Witte pursuant to this Agreement shall be limited to those contained herein and/or provided for on www.thewatercolouracademy.com as part of the Membership.

(d)  Emma Witte reserves the right to substitute Services equal to or comparable if reasonably required by the prevailing circumstances.

(e)  Emma Witte may from time to time offer extra Services to School Members for an additional fee.

(f)  School Members will have access to The Watercolour Academy for the duration of their current subscription, whether that be on a monthly; 6 monthly or annual basis.

(g)  Emma Witte reserves the right to cancel or terminate a School Member’s use of and access to the Website without prior notice if they do not comply with our Terms of Purchase.

(h)  At any point, should Emma Witte be terminating The Watercolour Academy, the School Member will be given at least sixty (60) days notice.

(i)  School Members have the option to cancel their membership at any time in writing via email to [email protected], or via the Member’s account details on the website www.thewatercolouracademy.com and cancellation will take effect at the next billing cycle.

Payment and Refund Policy

(a)   Upon execution of this Agreement, the School Member agrees to pay to The Watercolour Academy the purchase amount as stated on The Watercolour Academy’s website or via a sales promotion.

(b) The School Member agrees to provide us with true, accurate and complete information as required by the sign-up process (“Subscription Data”), including their legal name, address, email address and applicable billing information.

(c)  The School Member agrees to maintain and promptly update the Subscription Data and any other information provided to us. If the School Member provides any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate the School Member’s subscription, and if applicable, their user account, and refuse any and all current or future use and/or access by the School Member to the Website.

(d)  With their initial payment the School Member commits to either a one (1) month term to the Membership; a six (6) month term or an annual term dependent on the subscription chosen by the School Member.

(e)  After the initial one (1) month term; six (6) month or annual term, the School Member will then automatically be charged payment according to their selected payment plan: every thirty (30) days, every six (6) months, or every twelve (12) months, at which time the payment will be automatically debited via the account information included upon purchase.

(f)  Credit Card Authorisation.  Each party hereto acknowledges that The Watercolour Academy will charge the credit card chosen by the School Member on the date of renewal and for the amounts specified upon purchase.

(g)   In the event the School Member fails to make any of the payments as outlined above, The Watercolour Academy has the right to immediately disallow services and benefits of the School Membership until payment is paid in full.

(h)  The School member agrees not to assign, transfer or sublicense their rights as a subscriber.

(i)  The Watercolour Academy reserves the right to increase fees, or to institute new fees at any time, upon advanced notice communicated to the School Member via email.

(j)   If the School Member is not entirely happy with what’s on offer in The Watercolour Academy website and would like a refund, they are to let The Watercolour Academy know within 7 days of their purchase and they will be refunded. Refunds after 7 days are at the discretion of The Watercolour Academy.

Intellectual Property Notice

All images, text, designs, graphics, trademarks and service marks are owned by and property of Black Chalk Collective, or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.

You may use our intellectual property with clear and obvious credit back to our site, as well links back to the page where the materials, designs, images, text, quote or post is located when it is appropriate to do so. However, you may never claim any of our intellectual property as your own or your unique creation, even with attribution.

(a) The paintings School Members produce as a result of taking Emma Witte’s video tutorials are considered legally to be ‘Derivative Works’ and as such the copyright remains with Emma Witte and any other photographer whose work has been used for these.

(b) School Members may share photographs of the paintings they create based on Emma Witte’s video tutorials online but they must always credit The Watercolour Academy whenever the work is displayed (including online).

(c) School Members may sell the physical paintings they create based on Emma Witte’s video tutorials (for instance in a local art exhibition) but they must always credit ‘The Watercolour Academy whenever the work is displayed for sale.

(d) School Members can reproduce their own paintings provided the reproduction is for their own non-commercial use (for instance they can print it onto a Christmas card sent to friends and family) however, they must credit ‘The Watercolour Academy’ along with the reproduction.

(e) School Members may not reproduce their own versions of these paintings for commercial use (for instance as an illustration or onto greetings cards they intend to sell).

(f) School Members should use the following wording to credit The Watercolour Academy:

  1. For a painting completed via a video tutorial: ‘Painting produced using an online video tutorial at The Watercolour Academy’.
  2. For a painting completed via a reference photo: ‘Painting produced using a photograph provided by The Watercolour Academy’

In respect of the Material specifically created for the School Member as part of this Membership, including video tutorials, videos, documents, or other content (known collectively as the “Material”), The Watercolour Academy maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of The Watercolour Academy to the School Member, nor grant any right or license other than those stated in this Agreement.

The School Member 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 Watercolour Academy’s website, content or intellectual property, in whole or in part without our prior written consent.  Any unauthorised copying, reverse engineering, redistribution, reproduction, publication or modification of The Watercolour Academy’s website content by any person without The Watercolour Academy’s prior written authorisation is strictly prohibited, may be a violation of federal or common law, trademark, and copyright laws and may subject such a violator to legal action.

Disclaimer

By participating in the Membership, the School Member acknowledges that The Watercolour Academy makes no guarantees as to the outcome of any Services, sessions, teachings, or modules accessed through this Membership. By participating in this Membership, the School Member acknowledges that The Watercolour Academy does not warrant the accuracy of any information provided, is not liable for any losses the School Member may suffer by relying on modules, content, videos, services, or products.

By participating in the Membership, the School Member acknowledges that The Watercolour Academy nor any of its representatives are medical doctors, psychologists, therapists, or financial advisors, and content and/or services do not replace the care of other professionals. Services provided herein are in no way to be construed or substituted as medical advice, psychological counseling or any other type of therapy or advice.

Any testimonials or examples shown through The Watercolour Academy website are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Membership and/or Services. The School Member acknowledges that The Watercolour Academy has not and does not make any representations as to success of any kind that may be derived as a result of use of its video tutorials, products or Services.

Recording and Redistribution of Calls

The School Member acknowledges that group calls and/or trainings may be recorded. The School Member also acknowledges that the recordings may be redistributed and/or resold at a later date as part of separate offerings sold by The Watercolour Academy.

Disclaimer of Warranties

The Services provided to the School Member by The Watercolour Academy under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.

Limitation of Liability

By using The Watercolour Academy’s Services and purchasing this Membership, the School Member accepts any and all risks, foreseeable or unforeseeable, arising from such transaction. The School Member agrees that The Watercolour Academy will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Membership. The School Member agrees that use of this Membership is at user’s own risk

Your Communications

Any communications made through our ‘contact,’ blog, blog comments, newsletter sign up or other related pages, or directly to our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on our website, servers, comments, emails or other media as allowed by Australian law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any data provided by you in those communications, please refer to our Privacy Policy.

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.

Disclaimers

Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless our website and company for any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While we may reference certain results, outcomes or situations on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website. If you have medical, legal or financial questions, you should consult a medical professional, lawyer or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses or the materials contained herein.

This website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you should see any errors or omissions and would like to let us know, please email us at [email protected]

Affiliates

This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.

Termination

If at any time we feel you have violated these Terms and Conditions, then we shall immediately terminate your use of our website and any related communications as we deem appropriate. It is within our sole discretion to allow any user’s access of our website, and we may revoke this access at any time without notice, and if necessary, block your IP address from further visits to our site(s).

Entire Agreement

Before you register with our website or make any purchases therefrom, you will be asked to consent to our Privacy Policy. If you have consented, or once you do consent, the terms of the Privacy Policy together with these Terms and Conditions, the information contained herein constitutes the entire agreement between site users and our company relating to the use of this website.

Severability

If any part of these Terms and Conditions or our Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

Law and Jurisdiction

These Terms, Conditions and Privacy Policy are governed by and construed in accordance with Australian law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Victoria, Australia.

Consent

By using our website, you hereby consent to our Terms and Conditions of Use.

If you require any more information or have any questions about our Terms and Conditions of website use, or our Privacy Policy, please feel free to contact us by email at [email protected]

 

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