Please read carefully before completing your enrolment and payment. Class in the Conditions of Enrolment outlined here refers to any term course or workshop. Note that these Terms and Conditions of Enrolment also apply to virtual classes and workshops delivered online.

If you are currently a student, any changes to your existing enrolment can be made in accordance with our Terms and Conditions. Should you need to withdraw from a class based on medical advice or from NSW Government directive that you should be isolated at this time, please cite this reason and provide a doctors certificate, Covid-19 test results or evidence that you live in or have visited a hotspot to support your request. Other terms and conditions still apply as listed below.

There are no refunds once a Creative Kids voucher has been redeemed nor can Creative Kids Vouchers be retrospectively applied if you have already paid.

Class Art Academy reserves the right to amend any class, tutor, or schedule. In such circumstances, we will endeavour to provide a substitute of equal standing. Should a class have to be cancelled due to insufficient enrolments, any student enrolled in that class will be contacted and an alternative class, credit or refund arranged.

The following policy relates to refund policy for school holiday workshops.

Fees are non-refundable, unless negotiated for an extended illness or you are prevented from attending due a NSW Government health directive (see above). In these circumstances, any refund will be determined in line with our Cancellation and Withdrawal timeframes listed below.

If you choose to withdraw from a course or workshop within 7 days before its commencement, you will be charged a $25 administration fee. You may transfer the remaining value (class fee paid less administration fee) to another class or student, to be used within 12 months of the date payment was received. You will not receive a refund for the course or workshop fee paid.

 

NO refunds, transfers, or credits if you withdraw or cancel on the day of the course or workshop.

NO refunds, transfers, or credits once the class has commenced.

There are no credits or refunds if you miss a class or if your personal circumstances change. Make-up sessions are allowed providing that the class you wish to transfer into is not sold out.

If you have enrolled in a workshop that you cannot attend, you may transfer your enrolment to someone else. Please let us know prior to the workshop.

If you need to transfer a holiday booking to a different holiday class within the same holiday period, you can do this at no charge IF you make the arrangements before the commencement of our school holiday program.

You can transfer a booking to a different child (e.g., friend/sibling) at any time at no cost. Please let us know if you wish to transfer to a different child.

Class fees are listed with the course details on our website. Payment of the full class fee via online credit card payment is required at the time of enrolment to secure your place. We accept Visa and Mastercard.

Fees are non-refundable, unless negotiated for an extended illness, and there are no transfers, refunds or make up sessions if you miss a class or if your personal circumstances change.

Childrens classes Materials are supplied and included in the fee all childrens art classes and holiday workshops

From time to time we take photos during class of students and artworks. These photos are used for Class Artz Academy Art Schools promotional purposes such as press advertising, brochures, social media, editorials and website. These photos will never be sold and will be used exclusively by and for Class Artz Academy a Condition of Enrolment your consent is implied. Should you not wish for us to take and use photos of you, your child or your artwork please notify us in writing.

Class Artz Academy Art School is a shared space and we expect students to respect fellow artists, artwork and property. Discrimination on the grounds of a persons age, race sex, gender, sexuality, marital status, physical or intellectual disability, or religion will not be tolerated. Students deemed to be exhibiting inappropriate or disruptive behaviour may be removed, suspended or expelled from the class. It should also be noted that cleaning of your class art space and common areas is a shared responsibility.

Out of respect for other students and tutors, students are requested to be punctual for class. Children should be escorted to and from the art school by a parent or guardian, signed in on arrival and collected promptly at the end of class.

If you have an existing medical condition, allergy or disability that may affect your participation in a class, you should notify the Director at the time of enrolment.

Contact information you supply to Class Artz Academy will not be disclosed outside the school without your express consent, except where required by law. We do not retain any credit card information that you may provide.

Class Artz Academy will from time-to-time send mail and email to students and past students for the purpose of marketing. Should you not wish to receive mailings from Class Artz Academy please notify us that you wish to unsubscribe, and you will be removed from our mailing list or you can simply unsubscribe at the bottom on the latest email.

  

1. About the Website

 

(a) Welcome to www.classartzacademy.com.au (the Website). The Website provides online and after school art classes (the Services) that is booked through Enrolmy software.

(b) The Website is operated by Class Artz Academy (ABN 58 622 820 366). Access to and use of the Website, or any of its associated Products or Services, is provided by Class Artz Academy . Please read these terms and conditions (the Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

(c) Class Artz Academy reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Class Artz Academy updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Class Artz Academy in the user interface.

(a) In order to access the Services, you must first register for an account through the Website and/or Enrolmy .

(b) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(i) Email address

(ii) Preferred username

(iii) Mailing address

(iv) Telephone number

(v) Password

(c) You warrant that any information you give to Class Artz Academy in the course of completing the registration process will always be accurate, correct and up to date.

(d) Once you have completed the registration process, you will be a registered

member of the Website (Member) and agree to be bound by the Terms.

(e) You may not use the Services and may not accept the Terms if:

(i) you are not of legal age to form a binding contract with Class Artz Academy; or

(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4. Your obligations as a Member

(a) As a Member, you agree to comply with the following:

(i) you will use the Services only for purposes that are permitted by:

(A) the Terms; and

(B) any applicable law, regulation or generally accepted practices or

guidelines in the relevant jurisdictions;

(ii) you have the sole responsibility for protecting the confidentiality of your

password and/or email address. Use of your password by any other person

may result in the immediate cancellation of the Services;

(iii) any use of your registration information by any other person, or third

parties, is strictly prohibited. You agree to immediately notify Class Artz Academy of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(iv) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Class Artz Academy providing the Services;

(v) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Class Artz Academy ;

(vi) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Class Artz Academy for any illegal or unauthorised use of the Website; and

(viii) you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5. Payment

(a) Where the option is given to you, you may make payment for the Services (the Services Fee) by way of:

(i) Credit Card Payment (Credit Card) through Enrolmy.

(b) All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.

(c) You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.

(d) You agree and acknowledge that Class Artz Academy can vary the Services Fee at any time.

Class Artz Academy will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Class Artz Academy makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the Refund).

Creative Kids vouchers can be redeemed at the time of purchase. There are no refunds once a Creative Kids voucher has been redeemed nor can Creative Kids Vouchers be retrospectively applied if you have already paid.

(a) The Website, the Services and all of the related products of Class Artz Academy are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Class Artz Academy or its contributors.

(b) All trademarks, service marks and trade names are owned, registered and/or

licensed by Class Artz Academy , who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

(i) use the Website pursuant to the Terms;

(ii) copy and store the Website and the material contained in the Website in your devices cache memory; and

(iii) print pages from the Website for your own personal and non-commercial use.

Class Artz Academy does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Class Artz Academy.

(c) Class Artz Academy retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(i) business name, trading name, domain name, trade mark, industrial design,

patent, registered design or copyright, or

(ii) a right to use or exploit a business name, trading name, domain name,

trade mark or industrial design, or

(iii) a thing, system or process that is the subject of a patent, registered design

or copyright (or an adaptation or modification of such a thing, system or process),

to you.

(d) You may not, without the prior written permission of Class Artz Academy and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

(a) Class Artz Academy takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Class Artz Academys Privacy Policy, which is available on the Website.

(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(b) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are

not expressly stated in the Terms are excluded; and

(ii) Class Artz Academy will not be liable for any special, indirect or

consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you as is and as available without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Class Artz Academy make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Class Artz Academy ) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website, the Services or any of the products of Class Artz Academy ; and

(iv) the Services or operation in respect to links which are provided for your convenience.

(a) Class Artz Academys total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

(b) You expressly understand and agree that Class Artz Academy , its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

 

(a) The Terms will continue to apply until terminated by either you or by Class Artz Academy as set out below.

(b) If you want to terminate the Terms, you may do so by:

(i) providing Class Artz Academy with 14 days notice of your intention to

terminate; and

(ii) closing your accounts for all of the services which you use, where Class

Artz Academy has made this option available to you.

Your notice should be sent, in writing, to Class Artz Academy via the Contact Us link on our homepage.

(c) Class Artz Academy may at any time, terminate the Terms with you if:

(i) you have breached any provision of the Terms or intend to breach any

provision;

(ii) Class Artz Academy is required to do so by law;

(iii) the provision of the Services to you by Class Artz Academy is, in the opinion

of Class Artz Academy , no longer commercially viable.

(d) Subject to local applicable laws, Class Artz Academy reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Class Artz Academy s name or reputation or violates the rights of those of another party.

 

(a) You agree to indemnify Class Artz Academy , its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and

damage (including legal fees on a full indemnity basis) incurred, suffered or

arising out of or in connection with Your Content;

(ii) any direct or indirect consequences of you accessing, using or transacting

on the Website or attempts to do so; and/or

(iii) any breach of the Terms.

14. Dispute Resolution

 

(a) Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

(b) Notice: A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

(c) Resolution: On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

(i) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(ii) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;

(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(iv) The mediation will be held in Sydney, Australia.

(d) Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as without prejudice negotiations for the purpose of applicable laws of evidence.

(e) Termination of Mediation:

If 1 month have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

 

(a) The Services offered by Class Artz Academy is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

 

(a) The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

(a) Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

(a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.