TERMS & CONDITIONS
1. The following terms and conditions (the “Terms”) govern all use of the materials, content, services, workshops and websites administered by Kate Hursthouse. Throughout this document the terms “I” and “me” refer to Kate Hursthouse.
2. The Terms set out below apply to your use of the artwork products materials, content, services and websites (the Products) provided by me. By accessing and using the Products you agree to be bound by the Terms and to any amendments made from time to time. Please read these Terms carefully before accessing and using the Products.
3. While every effort will be made to ensure the information contained within my website is accurate and up-to-date, I make no guarantee as to the accuracy of the information, nor do I assume any legal liability or responsibility for this.
4. Unless otherwise stated, all Products including (but not limited to) original artwork, commissioned artwork, limited edition prints, documents, text, graphics and workshop materials are my sole intellectual property and are protected by the copyright laws of New Zealand. Any redistribution and or sharing of these Products in any form whatsoever, whether electronically or in hard copy or in any other format is an infringement of my copyright and I will take the appropriate action to remedy the breach.
These Terms and any separate agreements whereby I provide services and Products to you are governed by and in accordance with New Zealand law.
Changes to the Terms
5. I reserve the right to alter the Terms or to impose new conditions on the use of the materials, content, services and websites from time to time. If this occurs a notice will be posted to my website. By continuing to use the Products after notice of these changes has been made, you accept the altered Terms and conditions.
6. You must not access or attempt to access the website or online services through automated tools (including the use of scripts, web-crawlers, robots or screen-scrapers) or engage in any activity that will, or is likely to, interfere with or disrupt my websites or online services.
For information about the New Zealand Privacy Act 1993 and its Principles and how it protects all personal information in New Zealand, click here.
7. I will not sell, share, rent or disclose the information collected on the website other than as set out in these Terms.
8. In order to use the Products it is necessary for you to disclose personal information, including your name, email address, phone number and any other information reasonably requested in order for me to process orders and provide services.
9. You must not disclose a person’s contact details that you obtain through the Products without the prior consent of that person.
10. It is your responsibility to keep your login information and your password safe and secure. Your account is for your sole, personal use. You may not allow others to use your account and you may not assign or otherwise transfer your account to any other person or entity. If you think that your details may have been used by someone else, you must notify me as soon as possible. You must also change your password immediately.
11. You confirm that the information you provide me as a registered user is current, complete and accurate, and you agree to maintain and update the information.
12. If you use any communication tools available through the materials, content, services and websites, you agree to use such communication tools for lawful and legitimate purposes. You must not use any communication tool for posting or disseminating any material unrelated to the use of the site or modules including (without limitation) offers of goods or services for sale, files that may damage another user’s’ computing devices or software or material or data in violation of any law (including data or other material that is protected by copyright or trade secrets which you do not have the right to use).
13. You are solely responsible for any data, text, software, music sound, images, photographs, graphics, video, messages, files or other materials (“Content”) over which you have copyright which is transmitted, posted, or distributed by you through my websites, including but not limited to the contents of your e-mail communications, information, photos or images posted by you on my social media and information, photos, images, sound files or other Content posted by you in a forum or other page.
14. By posting Content you acknowledge that you own all rights to that Content and/or have permission to post the Content you distribute through my website including but not limited to the contents of your e-mail communications, information, photos or images posted by you on my social media and information, photos, images, sound files or other Content posted by you in a forum or other page.
15. You acknowledge that all content on my website which you may use, is with the express permission of the copyright owner and/or trademark holder. No content featured by me may be reproduced, published or modified without prior written consent of the copyright owner and/or trademark holder.
16. I reserve the right at my sole discretion to remove any material you distribute through the website including but not limited to the contents of your e-mail communications, information, photos or images posted by you on my social media.
17. Articles, reports or content on the website provided by a named third party express their views, and do not necessarily reflect the views of the Designer.
18. Users of my Products may be directed to third party Sites (Linked Sites) from my website. Linked Sites are not, however, reviewed, controlled, or examined by me and I am not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein.
19. In no event shall I be liable, directly or indirectly, to anyone for any loss or damage caused by or in connection with use of the Linked Sites or the information or material accessed- through these Linked Sites.
20. You agree to pay me all fees invoiced. I reserve the right to alter the payment terms and fees from time to time.
Refunds & Returns
21. All sales are final and refunds will not be given unless the product breaches a guarantee under the Consumer Guarantees Act 1993. There is no refund or exchange if:
· you change your mind
· your circumstances change
· you find cheaper products elsewhere.
22. If an art product is damaged in transit and unable to be repaired, please photograph the packaging as well as photographing the damaged art inside. A refund or exchange may be available. Please contact me directly if this happens. -email here
23. There are no returns or refunds on original artworks or limited edition prints as these are hand printed to order. If damage occurs in-transit please contact me directly -email here.
24. All applications for a refund must be made in writing.
25. For workshops only:
a) In person workshops
These may be cancelled up to 48 hours before the start of the workshop. Your place on a workshop is transferable if you can’t attend. If you cancel less than 48 hours before an in person workshop begins and are unable to transfer your place, you will forfeit the entire fee.
b) Online courses:
If you decide an online course is not right for you are unable to complete a course you may apply to withdraw from your course within 7 (seven) days of the start of the course. You can either transfer to a different workshop or course, or a refund may be granted. A $50 administration fee will be deducted from all refunds as well as any bank fees and teaching fees already incurred.
All refunds are discretionary as determined by Kate Hursthouse or members of her team. Please apply for a refund by emailing hello@katehursthouse . Please include all course work completed to date.
There is no refund 7 (seven) days after you begin any online course
I encourage you to fully read through the course details, watch the course trailer and contact me if you have any questions prior to signing up.
26. You must notify me in writing if you wish to close your account.
27. I reserve the right to decline to register, or to suspend, limit, cancel or disable your account and access to the materials, content, services and websites without prior notice if you or someone authorised by you breaches any of the Terms.
28. All liabilities and obligations including any unpaid fees incurred prior to the termination date shall survive the termination of your account for all purposes.