Terms & Conditions

Our privacy policy can be found here www.pathwaystoinfinity.com/privacy-policy/

In these terms and conditions, “we” “us” and “our” refers to the Pathways to Infinity website ACN 630 284 936. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The term ‘website’ includes where the context so admits, our learning platform found at www.pathwaystoinfinity.com

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended.

ACCEPTANCE OF THE TERMS

Please read these terms and conditions (the Terms) carefully. By using, browsing and/or reading the Website or the Services, 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 the Services, immediately.

You may also accept the Terms by clicking ‘I Accept’ or ‘I Agree’ to the Terms where this option is made available to you by us in the user interface of the Website.

You acknowledge and agree that continuing to access or use the Platform when you do not agree with these Terms is treated as acceptance of these Terms.

You may not use the Services and may not accept the Terms if: (a) you are not of legal age to form a binding contract with us; or (b) 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.

By accepting these Terms, you warrant that you have familiarised yourself with, and agree to be bound by the Privacy Policy. If you do not agree to the Privacy Policy, you must cease usage of the Website and any of its associated Digital Content or Services immediately.

We reserve the right to alter, amend and update their Terms, from time to time, at its sole discretion. When we updates the Terms, we will use reasonable endeavours to provide you with notice of the same. Any changes to the Terms will take effect immediately from the date of their publication. The access and use of the Website by you, after we make any changes, constitutes the acceptance of any such changes and you will be bound by those changes. If you do not agree to any changes, you must cease usage of the Website and Services immediately.

We recommend that you regularly check these Terms for any material changes. We recommend you keep a copy of the Terms for your records.

DEFINITIONS

Digital Content means the Images, Copy, Videos, Online Workshops, and Downloadable content made accessible through the Website.

Groups means the online network/where friends, acquaintances, or people with similar interests can interact to discuss or share topics related to the Products and Services accessible through the Website.

Events means in person events, workshops, and training sessions.

Forums means an online discussion where people can hold conversations in the form of posted messages related to the Products and Services accessible through the Website.

Member means any user of the Website.

Online Workshops means the pre-recorded or live online workshops and training sessions.

Privacy Policy means the Privacy Policy found at www.pathwaystoinfinity.com/privacy-policy

Purchase Price means the price of the Live Events, Products or Digital Content set out in the Sale Listing.

Sale Listing means the listing of the Events, Products or Digital Content on the Website available for purchase.

Videos means the pre-recorded online videos offered on the Website, or through the Facebook, Instagram, and YouTube accounts of Pathways to Infinity.

REGISTRATION

In order to access the Services, you are required to register with the Website by creating an account. 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, including the following: (a) your name; (b) your email address; (c) a mailing address; (d) your telephone number; (e) a preferred username; and (f) preferred password.

You acknowledge and agree that: (a) any information you provide to Ashley Hay Art Academy in the course of completing the registration process will always be accurate, correct and up to date and (b) by supplying us with your email address and phone number, you may receive regular emails, newsletters, telephone calls or SMS updates from us in order to keep you informed about our activities. If you do not wish to receive updates from us, you may unsubscribe or contact us directly at [email protected]  

Once you have completed the registration process and created an account, you will be a registered Member of the Website and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services for which you have purchased.

YOUR ACCOUNT OBLIGATIONS:

As a Member, you acknowledge and agree that: (a) you are solely responsible for the activity that occurs under your account; (b) you have the sole responsibility for protecting the confidentiality of your password and/or email address and you will not disclose to any third party the password used to access your account. You agree to immediately notify us in writing at [email protected] of any unauthorised use of your password or email address or any breach of security of which you have become aware. Use of your password by any other person may result in the immediate cancellation of the Services; (c) any use of your registration information by any other person, or third parties, is strictly prohibited; (d) you will comply with the Terms; (f) you will use the Website and the Services only for the purposes that are permitted by:

The Terms: (a) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; (b) 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 Ashley Hay Art providing the Services and only for the duration that you are a Member.

You must not: (a) expressly or impliedly impersonate another Member or use the account or password of another Member at any time; (b) act in a way that is unlawful, harassing, threatening, abusive, violent, discriminatory, intimidating, or predatory, or that otherwise would disrupt others’ enjoyment of the Website either publicly or through our private messaging system; (c) post or upload any content that can be perceived as advertisements for products, services or other Platforms; (e) 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; (d) provide false information including false names, address and contact details; (e) use the Website unlawfully or in a manner that violates any applicable laws, regulations or these Terms; (f) hack into any part of the Website or attempt to circumvent our security or network to access data not intended for you; (g) interfere with the servers or networks connected to the Website or the Services, or violate any of the procedures, policies or regulations of networks connected to the Website or the Services; (h) ingage in conduct or access the Website in a way that will impose an unreasonable or large burden of traffic demands on our infrastructure; (i) create derivative works of the Website or an application substantially similar or a direct copy of the Website such that confusion may occur as to which Website is operated by us; (j) copy or produce a substantially similar online Workshop or Video to the one that was provided to you through the Services without written permission from us; (k) resell or export the software associated with the Website or any Digital Content; (l) resell or upload to another Website any of the Digital Content provided to you; (m) resell the Products; and/or automate the use of the Website or the Services, and 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 us for any illegal or unauthorised use of the Website. You acknowledge and agree that we reserve the right, at any time and without prior notice, to remove or disable a Member’s access to its account or to the Digital Content at our sole discretion without notice and for any reason, including, but not limited to, situations where we, in our reasonable opinion, determines that the Member has violated these terms, or may violate these Terms.

DIGITAL CONTENT

To purchase a licence to the Digital Content, you are required to be a Member or agree to become a member in the process of purchasing the Digital Content.

You will purchase, and all Digital Content will be provided to you as, a revocable, limited, non-exclusive, royalty free license to view the Digital Content for personal, non-commercial, purposes.

The Digital Content available for you to purchase a license will be listed on the Website.

Delivery of Digital Content (a) we host and deliver the Digital Content though the Website or platforms owned and controlled by third parties, other than ours (each a Third Party Platform); (b) you may be required to use a Third Party Platform for us to provide the Digital Content to you; (c) we are not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Platform, any platform accessed from a Third Party Platform or any changes or updates to such sites. We make no guarantees about the content or quality of the products or services provided by such sites. If you have availed any Third Party Services, the third party may contact you by email and/or phone with instructions on how to access your benefits and to keep you informed of their services. You may be required to accept additional terms located on the Third Party Platform; (d) by using any product, service, or functionality originating from the Website, you are allowing us to share information with any third party with whom we have a pertinent contractual relationship –any information necessary to facilitate its provision of products, services, or functionality to you; (e) by purchasing a license to the Digital Content, you understand and agree to accept any Third Party Platform’s terms and conditions an privacy policies required to use the Digital Content; (f) we may edit or remove any Digital Content at any time; (h) here it is stated on the website that access to Digital Content, Online Course or any other product is “lifetime” you acknowledge that this means the lifetime of the website and no less than two consecutive years following the date that the product was purchased.

PAYMENT

When purchasing the Products or Digital Content through the Website, you agree to the payment of the Purchase Price set out on the Sale Listing on the Website for the Live Event, Product or Digital Content.

All prices are quoted in American Dollars. We the right to change or alter the Purchase Price at any time, at their sole discretion, and without notice. Specials and bonus offers are subject to conditions and are only available for a limited time as specified.

Where the option is given to you, you may make payment of the Purchase Price by way of (a) Direct payment via your credit card or; (b) through a subscription.

If purchasing Digital Content through a subscription, the content will be available to you which is reflective to the amount paid to us at any time. For example; if an online course is purchased directly via a credit card, all content will be made available to you at time of purchase. If an online course is purchased via a subscription, the content will be made available to each subsequent purchase – the first subscription payment will allow the first lesson to be made available, the second subscription payment will allow the second lesson to be made available and so on.

Payments made to us will be handled and processed through Paypal. (the Payment Gateway Provider). In using the Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers prior to you using the Payment Gateway Provider.

Following payment of the Purchase Price being confirmed by us, you will be issued with a receipt to confirm that the payment has been received and we may record your purchase details for future use.

In the event that you elect to pay the Purchase Price by way of direct debit and/or credit card and there is a chargeback by your credit provider, we may suspend or terminate the Services immediately. You will be charged our current administration fee of the $50 plus GST (the Administration Fee), and you agree to pay 2% plus the Cash Rate Target set by the Reserve Bank of Australia (the Interest) on amounts which remain unpaid after thirty (30) days from the date of the tax invoice. Upon payment of the Administration Fee and Interest in accordance with the Terms, we may reinstate the Services to you.

You acknowledge and agree that where a request for the payment of the Purchase Price 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 Purchase Price.

REFUNDS

No refunds will be given on payments for Digital Content at any stage through the buying or participation process regardless of the participants’ efforts, program content, results, breaks or change of mind unless otherwise stated on the website by us for promotional reasons.

SERVICES

By our offering its Services to you, you acknowledge and agree that: (a) unless otherwise stated, all amounts are listed in American Dollars (USD) and are inclusive of Australian GST; (b) we may receive a commission, benefit, or fee from third parties in relation to the provision of the Services to you; (c) we do not, at any time, provide any guarantees whatsoever, whether express or implied, with respect to the success of the Service, Online Course or any other product or offering; (d) you shall remain solely responsible for assessing the implications and risks of using the Services; and these Terms do not create a relationship of employment, trust, joint venture, agency, partnership or other relationship of a fiduciary nature between the parties.

You acknowledge and agree that you have entered into these Terms in reliance on the acknowledgements, representations and warranties given by you in these Terms.

COPYRIGHT AND INTELLECTUAL PROPERTY

The Website, the Services, and all of the related Digital Content of ours are subject to copyright under the laws of Australia and by International Treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips, software, and Digital Content) (the Material) are owned or controlled for these purposes and are reserved by us or our contributors.

We retains all rights, title and interest in and to the Website, Services, Products, Digital Content and all related Material therein. Nothing you do on or in relation to the Website will transfer to you:

The business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of Ashley Hay Art Academy; or

The right to use or exploit a business name, trading name, domain name, trademark or industrial design; or

A system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process); or

The right or licence to use, copy, re-upload, re-sell or create substantially similar derivative works of the Product or Digital Content.

We and each Member retains all rights, title and interest (including copyrights, patents and trademarks) in its Digital Content uploaded to the Website (the Uploaded Content). During the duration of these Terms with us, the Member grants to us a non-exclusive, transferable, royalty-free licence to your Uploaded Content. We will own any results, methodologies, data or meta data, including any analyses, index results, or reports, which is either contained within, gleaned through, derived from, captured by, or generated by your use of the Services or the Uploaded Content (Derivative Materials).

You acknowledge and agree that we exclusively and unconditionally owns the Moral Rights in all the Derivative Materials, Materials and documents relating to the Products, Services, or Digital Content. You acknowledge and agree that to the extent that you have Moral Rights in any of the Content, Derivative Materials, Materials and documents relating to the Terms, you will provide a Moral Rights Consent to us.

You may read and copy the Material to the extent necessary to use the Services and receive the Digital Content or Products, but you may not publish, resell or sub-licence it. We makes no guarantees, representations or warranties about the accuracy or correctness of any of the information on the Website.

For purposes of these Terms, the term “Marks” will mean the trademarks, service marks, trade names, copyrights, logos, slogans and other identifying symbols and indicia of the applicable party. All uses of a party’s Marks by the other party will be in the form and format specified in the media or promotional guidelines (if any).

Subject to these Terms, you hereby grant to us and its affiliates for no consideration, a limited, non-exclusive and non-transferable license to use your marks, on a royalty-free basis, for the sole purpose of performing the promotional activities as set forth in media or promotional guidelines (if any). All goodwill related to the use of any Marks shall inure to the benefit of the owner of such Marks. Each Mark licensor reserves the right to revoke the licensee’s permission to use the licensor’s Marks should the use be noncompliant with the media or promotional guidelines, or negatively impacts, or disparages the Mark.

You may not, without the prior written permission from us and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Material, the Digital Contentor third party content for any purpose.

PRIVACY

We take your privacy seriously and any information provided through your use of the Website and/or the Services are subject to Privacy Policy.

GENERAL DISCLAIMER

You acknowledge that we do not make any guarantees, warranties, representations or conditions whatsoever regarding the services or Digital Content other than provided for pursuant to these Terms.

Whilst due care has been taken to ensure that the descriptions of the Digital Content on the Website are accurate, we do not warrant or represent that the Digital Content is free from error or omission and we reserve the right to make any necessary corrections.

Nothing in these 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.

Subject to this clause, and to the extent permitted by law: (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and (b) we 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 Digital Contentor these Terms (including as a result of not being able to use the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website, the Services and viewing the Digital Contenton Third Party Platforms, is at your own risk. The Website, the Services, and the Products and the Digital Content of ours, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of our (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Material, Digital Content or Services (including the Services of our) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: (a) 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; (b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Digital Content related products (including third party material and advertisements on the Website); (c) costs incurred as a result of you using the Website, the Services, or any of the Digital Content; (d) the Material or operation in respect to links which are provided for the User’s convenience; (e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

IMITATION OF LIABILITY

Our 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 most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of ours is the resupply of information or Services to you.

You acknowledge and agree that we, our affiliates, employees, agents, contributors, third party content providers 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.

We are not responsible or liable in any manner for any site content (including the Material, Digital Content and third party content) posted on the Website or in connection with the Services, whether posted or caused by users of the Website, by third parties or by any of the Services offered by us.

You acknowledge that we do not provide the Third Party Platform to you and you agree that we will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Third Party Platform.

We do not control and is not responsible for the behaviours and actions of Members. Accordingly, we are not responsible for any offensive, inappropriate, obscene or unlawful content or actions that you may encounter when viewing of the Digital Content and participating in live Online Workshops, or in connection with your use of the Services.

We will not be liable for any failure or delay due to matters beyond our control.

TERMINATION OF CONTRACT

The Terms will continue to apply until terminated by either you or by us as set out below.

If you want to terminate the Terms, you may do so by: (a) providing us with a written notice at any time of your intention to terminate by writing to us via email: [email protected]; or (b) closing your accounts for all of the Services which you use where we have made this option available to you.

We may at any time, terminate the Terms with you if: (a) you have breached any provision of the Terms or intend to breach any provision; (b) we are required to do so by law; (c) the partner with whom we offered the Services to you has terminated its relationship with us or ceased to offer the Services to you; (d) we are transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or (e) the provision of the Services to you by us is, in the opinion of us, no longer commercially viable.

Subject to local applicable laws, we reserve the right to discontinue or cancel your membership to the Website 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 negatively impacts our name or reputation or violates the rights of those of another party.

When the Terms come to an end, all of the legal rights, obligations and liabilities that you and us have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

INDEMNITY

You agree to indemnify us, its affiliates, employees, agents, contributors, third party content providers and licensors from and against 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 use of the Website and/or Services, including, but not limited to: (a) any misuse of the Website or Services by you, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you; (b) your breach of the Terms, including any misuse of the Materials; or (c) any activity which you engage in on the Website, including uploading or posting information.

This indemnity will survive termination of the Terms.

VIOLATION OF THESE TERMS

We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the website, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that we may preserve any transmittal or communication by you with us through the website or any service offered on or through the website, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of us, our employees, users of or visitors to the website and the public.

You agree that we may, in our sole discretion and without prior notice, terminate your access to the website and/or block your future access to the website if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the website. You also agree that any violation by you of these Terms will constitute a breach of the Terms, and may cause irreparable harm to us, for which monetary damages may be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.

You agree that we may, in our sole discretion and without prior notice, terminate your access to the website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the website or any service offered on or through the website, or (4) unexpected technical issues or problems.

If we do take any legal action against you as a result of your violation of these Terms, we will be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the website as a result of any violation of these Terms.

The program you purchase includes the total number of weeks (as outlined in order page) of support of that of the program states – starting the day we email your webinar access password and login details. At the end of the program, you can purchase another program. You are only given access for a further 4 weeks. You understand and agree that under no circumstances you can extend beyond the end date.

Your materials will be available for you to download from the Internet using free Adobe Reader only during your program. This information including all written, social media posts, guides, resources, and all other materials provided or made available to you during the week program will not be necessarily available after the last day of the program.

You understand and agree that all login details, resources, videos, teaching resources are for your personal use only and can not be shared with anyone including family, friends or used in a commercial nature.

We will, at all times, retain copyright to this program. All documentation will be provided in PDF files that can be read with free Acrobat Reader.

Should we decide, that you can not go on his program, you will be given a full refund if you paid already for the program and have not accessed any files, videos, resources etc.

You understand that this is an Internet program and that the communication with our Facilitators, staff, coaches and consultants is conducted via the internet. All emails will be sent to the email address you supplied on your registration form.

DISPUTE RESOLUTION

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): (a) 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; (b) an receipt of that notice (Notice) by that other party, the parties to the Terms (the Dispute Parties) must within seven (7) 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; (c) if for any reason whatsoever, twenty-one (21) 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; (d) 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; (d) It is agreed that the mediation will be held in New South Wales, Australia; (e) for the avoidance of doubt, the Dispute Parties need not attend the mediation or other means of resolution in person. The Dispute Parties may attempt to resolve the matter via any means of electronic communications; (f) 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; (g) if thirty (30) days 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; (h) in the event that the Dispute is not resolved at the conclusion of the mediation, either pay may institute legal proceedings concerning the subject matter of the Dispute thereafter.

ARBITRATION

This arbitration clause applies only if you are not based in Australia or New Zealand.

In the event that the Dispute is not resolved at the conclusion of the mediation, both parties are prohibited from instituting legal proceedings concerning the subject matter of the Dispute and the Dispute, controversy or claim arising out of, relating to or in connection with this Agreement, including any question regarding its existence, validity or termination, will be resolved by arbitration in accordance with the ICC Rules of Arbitration (or any rules which supersede these rules). The seat of arbitration shall be Perth, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.

VENUE AND JURISTRICTION

These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales, Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales, Australia and you agree to submit to the jurisdiction of those Courts.

If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

INDEPENDENT LEGAL ADVICE

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.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between the parties concerning the subject matter of the agreement and supersede all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties.

SEVERANCE

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.

WAIVER

A waiver of any right, power or remedy under these Terms must be in writing signed by the party granting it.

A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms does not amount to a waiver.

ASSIGNMENT

You may not assign your rights or delegate your duties under these Terms or any additional terms without our prior written consent.

A purported assignment without written consent will be deemed to be void and convey no rights.

Ashley Hay Art Academy may assign its rights or delegate its duties under these Terms or any additional terms without our prior written consent.

FORCE MAJEURE

If a Force Majeure event causing delay continues for more than 30 days, we may terminate this Agreement. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control

PRIVACY

We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from the bottom of every page on our Website