1. Application

1.1 Terms

Unless otherwise expressly agreed in writing by Art At Home (herein referred to as AAH), the terms and conditions set out in this document (Terms) apply to all course subscriptions purchased by a customer (Customer) to use the AAH online learning platform, software and related components, products and services operated by AAH (Online Classes). By accessing and using the Online Classes, or providing it to other persons, including teachers/trainers, students/learners and parents (Users), to use in accordance with these Terms, the Customer agrees to comply with these Terms and to ensure that each User complies with these Terms (to the extent applicable) and any additional terms set out in the Online Order agreed with the Customer (Online Order). These Terms and the Online Order are legally binding on the Customer.

1.2 Amendment

These Terms may be amended from time to time by AAH by updating the version of these Terms uploaded to the AAH website www.artathome.org

1.3 Inconsistency

If there is any inconsistency between these Terms and any other agreement between the Customer and AAH, these Terms will prevail unless expressly agreed otherwise in writing between the Customer and AAH.

2. Subscription

The Customer may agree to subscribe to the Online Classes by completing and submitting an Online Order, in the prescribed form and on the terms approved by AAH. Each validly completed and executed Online Order sent by a Customer to AAH will constitute an offer which will be capable of acceptance by AAH upon subscription payment made by the Customer or upon AAH providing the Customer with access to the Online Classes. AAH may make available an online portal for Customers to submit an online Online Order which will also be subject to these Terms. AAH may in its sole discretion accept or decline an Online Order in whole or in part.

3. Term

3.1 Subscription Period

Unless otherwise agreed in writing by AAH, the subscription period will be the period set out in the Online Order (Subscription Period), typically on a 10-week basis. If no Subscription Period is stated in a Online Order, a Customer will be provided with 10-week access to the Online Classes on the terms set out in the Online Order, or such other period agreed in writing with AAH.

3.2 Renewal

The Customer agrees that its subscription to the Online Classes will automatically expire at the end of the Subscription Period. If the Customer would like the Subscription Period to continue, the Customer will need to subscribe to the Online Classes by completing and submitting another Online Order. The Subscription Period will not be automatically renewed.

4. Price and Payment

4.1 Price

The price payable for a Customer’s subscription to the Online Classes (Price) will be

(i) the price set out in the Online Order or otherwise agreed in writing between AAH and the Customer; or

(ii) in the absence of agreement, AAH standard prices applicable at the time the relevant Online Order is accepted by AAH.

4.2 Payment

The Price will be payable by the Customer when the subscription order is placed online.

4.3 Failure to Pay

If the Customer fails to pay any amount due to AAH during the checkout process or if any payments do not clear, AAH will be entitled to freeze access to Online Classes until any amount overdue for payment by the Customer is received in full. AAH may in its discretion charge interest on any overdue amount at the rate of 2% per calendar month compounded monthly. This provision shall not constitute a waiver of any default and the default interest is not an extension of credit to the Customer.

4.4 No Refund

The Customer will not be entitled to a refund or reduction of the Price if the Customer chooses to cancel its subscription of the Online Classes before the end of the Subscription Period.

5. Permitted Access and Use

5.1 License

Upon receipt of payment of the Price by the Customer, AAH will grant to the Customer a limited, nonexclusive, non-transferable license to access the Online Classes for the Subscription Period in accordance with these Terms. The Customer may procure access to the Online Classes is made available to such number of Users specified in the Online Order, but to no other persons without the prior written consent of AAH. The Customer shall provide all necessary details of Users to AAH for the purpose of enabling access to the Online Classes and will promptly notify AAH when any User account should be disabled (e.g. because a User leaves the school / organisation or is otherwise no longer permitted to access the Online Classes).

5.2 Intellectual Property

The Customer acknowledges that, as between AAH and Customer, AAH owns all of the intellectual property rights (whether registered or unregistered) relating to the Online Classes (Intellectual Property) and all rights and title to any development or improvement in the Online Classes or the Intellectual Property (Developed IP). The Customer acknowledges that it will not at any time acquire any right, title or interest in any kind in the Intellectual Property or the Developed IP relating to the Online Classes. Where the Customer generates or uploads new content on the Online Classes (“Customer Generated Content“), the Customer retains the ownership in the intellectual property that is generated. By posting or otherwise providing Customer Generated Content to or through the Online Classes, the Customer grants AAH a non‐exclusive, royalty‐free, transferable, irrevocable, perpetual (or if not permitted under applicable laws, for the term of your use of our Services plus twenty (20) years) worldwide license and right to use, display and otherwise make available such Customer Generated Content on the Online Classes for the purpose of providing the Online Classes. Where the Customer has also chosen to share such Customer Generated Content with other users of the Online Classes, the Customer grants AAH, and any other such users with whom Customer Generated Content is shared, a non‐exclusive, royalty‐free, transferable, irrevocable, perpetual (or if not permitted under applicable laws, for the term of your use of our Services plus twenty (20) years) worldwide license and right to use, display, publicly perform, reproduce, distribute, publish, modify, adapt, translate, create derivative works of, make available and sublicense and otherwise use and exploit such Customer Generated Content. The Customer represents and warrants that it owns and controls all of the rights to the Customer Generated Content, and has the lawful right to post the Customer Generated Content on the Online Classes and otherwise provide AAH with the Customer Generated Content.

5.3 Use of Results

The Customer agrees that AAH may use the results of User tests, exams and other assessments conducted via the Online Classes for research and development and other reasonable commercial purposes, on a fully anonymized and de-identified basis such that the materials no longer contain personal data. AAH will comply with applicable privacy laws and the Privacy Notice in connection with the use of personal information relating to a User which has been collected from the Online Classes.

5.4 Modification of Content

The Customer acknowledges that any modification of content in the Online Classes made by the Customer or any User is the responsibility of the Customer and made at its own risk. The Customer agrees to indemnify AAH in full upon demand for any loss or damage incurred by AAH (or its affiliates) as a result of any claim or action commenced in relation to the use of third party information or breach of third party intellectual property rights relating to the use or modification of the Online Classes.

5.5 Suspension of Access

If AAH believes in its sole opinion that the Online Classes is at risk or subject to damage for any reason, including (without limitation) due to the manner of its use by a Customer or any external event impacting the security of the Online Classes, AAH may immediately suspend or terminate access to the Online Classes in respect of any or all Customers and Users for such period of time deemed necessary to protect the Online Classes from damage.

5.6 Third-Party Content

Wherever possible, all images have been created by the team at Art At Home. Some images have been used from: Unsplash, Pexels or Videezy

6. Undertakings and Acknowledgments

6.1 Ownership and Risk

The Customer acknowledges that AAH (and its related companies, as applicable) is the exclusive owner of the Online Classes and the Online Classes (including its content, but except any User Generated Content) remains the property of AAH at all times, subject to any validly existing third party rights at law. The Customer must not sell, dispose, grant any third party right or licence or part with possession or do anything else inconsistent with AAH’s ownership of the Online Classes.

6.2 Third Party Products

The Customer acknowledges and agrees that any third party branded online learning products, software and related components and services or any other products or services offered under your subscription which have been identified as being owned and operated by a third party (Third Party Products) do not form part of the Online Classes provided by AAH. Third Party Products are provided by the relevant third party to the Customer on and subject to that third party’s terms and conditions which will be made available to you. The Customer agrees that its access to Third Party Products is governed the relevant third-party terms and conditions and that it will ensure compliance with them at all times in connection with the Third-Party Products. AAH is not responsible for, and disclaims all liability in relation to, Third Party Products, including (without limitation) the performance, availability and functionality of Third-Party Products and their compliance with laws and regulations from time to time (including the use of the Customer’s personal information shared across Third Party Products).

6.3 AAH’s Undertakings AAH undertakes with the Customer that it will:

(i) arrange for the Online Classes to be available throughout the Subscription Period in good operational working order and accessible;

(ii) provide upgrades or new versions of software (if available) from time to time to the extent considered necessary by AAH; and

(iii) provide (by telephone and email) adequate support services for the Online Classes during its business hours. The Customer acknowledges and agrees there may be times when the Online Classes is temporarily closed for maintenance or for reasons beyond AAH’s control. AAH does not accept any liability or responsibility for the period the Online Classes is unavailable.

6.4 No Warranties

Whilst AAH will use reasonable efforts to ensure that the data and information contained in the Online Classes is accurate and appropriate, to the full extent permitted by law, AAH does not accept any liability for loss or damage arising (directly or indirectly) from the Customer’s or any User’s use of the Online Classes, including in respect of its content or any omissions from the content. The content of the Online Classes is provided “as is” without warranties of any kind, express or implied including warranties as to its effectiveness or accuracy. The Customer acknowledges that AAH makes no representation or warranty to the Customer regarding the suitability of the Online Classes for use in respect of the Customer or any User. Any condition or warranty expressed or implied by law in respect of the subscription of the Online Classes (including without limitation the Contract and Commercial Law Act 2017, Consumer Guarantees Act 1993, Fair Trading Act 1986 and equivalent legislation in other jurisdictions) is expressly excluded to the maximum extent permitted by law. To the full extent permitted by law, the Customer agrees not bring or threaten to bring any claim against AAH for loss or damage incurred or threatened against the Customer or arising directly or indirectly from the Customer’s use of the Online Classes.

6.5 Customer’s Undertakings

The Customer undertakes with AAH that it:

(i) will not reverse engineer, reverse assemble, decompile, enhance, copy, modify or distribute the Online Classes or prepare any derivative works;

(ii) will take proper and reasonable care of the Online Classes and only use it for the purpose it was provided for;

(iii) will comply with AAH’s reasonable restrictions and instruction in relation to the use of the Online Classes;

(iv) will install any upgrade, fix, patch or new version of software provided by AAH as soon as reasonably possible;

(v) will satisfy itself that the Online Classes is suitable for the Customer’s intended use;

(vi) will use the Online Classes in a lawful manner with due regard to all laws and regulations pertaining to its use;

(vii) will adequately supervise and control use of the Online Classes by Users and monitor compliance with the end user licence terms applicable to all Users;

(viii) will not permit any unauthorised third party to examine, repair or in any way alter the Online Classes without AAH's consent;

(ix) will be responsible for ensuring that the Customer has appropriate computer hardware and software to run the Online Classes;

(x) will not sell, assign, sublicence or transfer the Online Classes, or otherwise part with possession of, or mortgage, charge or encumber the Online Classes in any way;

(xi) will follow any directions from AAH, government and local authorities, regulators, court orders and codes of practice relating to the use and safety of the Online Classes; and

(xii) will comply with all obligations and restrictions in relation to the use and control of the Online Classes under these Terms.

7. Data Protection

7.1 Applicable Laws Related to Data Protection

The Customer hereby represents and warrants that it will comply with applicable laws related to data protection, including, if applicable, the General Data Protection Regulation (EU) 2016/679 (“GDPR“). In particular, the Customer shall be responsible for ensuring that:

(i) any personal data transferred by Customer to AAH is done so in compliance with applicable laws; and

(ii) that all users are made aware of the processing by AAH for the purpose of providing the services under any subscription. AAH represents and warrants that it will comply with applicable data protection laws and, where applicable, the Data Processing Addendum (available on the AAH website) to the extent applicable to its processing of personal data under these Terms.

7.2 Data Protection Addendum (DPA)

These Terms incorporate the Data Protection Addendum (DPA) when the GDPR applies to the processing of personal data on the Online Classes.

8. Customer Default

The Customer will be at fault if: (Failure to pay) the Customer fails to pay an amount due under these Terms by the Due Date for payment;(Material breach) the Customer breaches any material provision of these Terms or the Online Order (and such breach remains unremedied following 7 days’ notice of such breach), including (without limitation) any unauthorised or prohibited use of the Online Classes by the Customer or any User; or(Insolvency) the Customer becomes insolvent, is wound up, have a receiver appointed, enter into liquidation, administration or any composition or arrangement with its creditors, or does or omits to do any act rendering the Customer liable to be placed in liquidation, administration or have a receiver appointed, commit an act of bankruptcy, cease to be of full legal capacity or dies.

9. Consequences of Customer Default

If the Customer is in default as set out in clause 8 above then AAH may do any one or more of the following:

(i) charge the Customer default interest in accordance with clause 4.3;

(ii) require the Customer to remedy the default in a particular manner and within a particular period;

(iii) suspend or terminate the Customer’s subscription with AAH;

(iv) de-activate the Customer’s access to the Online Classes;

(v) at any time cancel these Terms; and (vi) exercise any rights that AAH has under these Terms or that are available to AAH at law

10. Indemnity and Limitation of Liability

10.1 Indemnity

The Customer must indemnify AAH on demand against any claim (including regulatory fines) made by any person against AAH for any loss or damage suffered or liability incurred arising directly or indirectly out of the Customer’s use or possession of the Online Classes or any breach of applicable privacy legislation, including the GDPR, by the Customer.

10.2 Business Purposes

If the Customer is subscribing for the Online Classes for the purposes of a business as defined in the Consumer Guarantees Act 1993 (or under equivalent foreign legislation) the Customer agrees that: any guarantees and undertakings applying to AAH under such legislation are excluded to the maximum extent permitted by law; and sections 9, 12A, 13, and 14(1) of the Fair Trading Act 1986 (NZ) do not apply and that the parties have contracted out of these provisions.

10.3 No Liability

To the maximum extent permitted by law, in entering into these Terms the Customer agrees that AAH shall not be liable for any loss or damage or liability of any kind whatsoever (including consequential loss or lost profit or business) whether suffered or incurred by the Customer or another person and whether in contract, or tort, or otherwise and whether such loss or damage arises directly or indirectly from the Online Classes provided by AAH to the Customer. Notwithstanding the above, to the extent that AAH is liable for any reason for any loss suffered or liability incurred by the Customer arising from any breach of these Terms or for any other reason, such liability is limited to the amount of the Total Subscription Fee the Customer actually paid to AAH over the last 12 months from the date of notification of the claim by the Customer under these Terms.

10.4 No liability for termination

Notwithstanding that AAH or the Customer may have terminated a subscription under these Terms, the Customer indemnifies AAH against any cost, claim, damage, expense or liability suffered or incurred by AAH whether arising directly or indirectly from AAH exercising its rights or otherwise acting to recover any monies payable by the Customer under these Terms.

11. General

11.1 Governing Law and Jurisdiction These Terms are governed by the laws of Australia and the parties submit to the exclusive jurisdiction of the Australian courts in respect of all matters relating to these Terms.

11.2 Entire Agreement

These Terms replace any earlier representations, warranties, understandings and agreements (whether oral or written) between AAH (or any of its subsidiaries) and a Customer, and together with the Online Order constitute the entire agreement between parties relating to the subject matter.

11.3 No Waiver

No failure or delay on the part of AAH in exercising any right under these Terms shall operate as a waiver of, or impair, any such right. No single or partial exercise of any such right shall preclude any other or further exercise thereof or the exercise of any other rights. No waiver of any such right shall be deemed a waiver or modification of any other right under these Terms.

11.4 Force Majeure

AAH will not be liable for any default under these Terms due any fire, storm, flood, earthquake, landslide, explosion, accident, act of a public enemy, war, rebellion, insurrection, riot, civil commotion, sabotage, epidemic, quarantine restrictions, labour disputes, transportation embargoes, national or international oil or fuel shortage, acts of God, acts of government or any agency or judicial action or any other event beyond the reasonable control of AAH.

15. Credit

15.1 Legal Terms and Conditions

AAH Standard Legal Terms and Conditions were created using a template from SEQ Legal - http://www.seqlegal.com

15.2 AHH Images

Wherever possible, images or video clips used on this website, in associated marketing material, or in AAH courses were created as unique works by one of the team at At At Home. Any other images were sourced from one of the royalty free image websites listed below:

Unsplash - https://unsplash.com/

Pexels - https://www.pexels.com/
Videezy - http://www.videezy.com/

Please contact us if you would like a list of attributed artists.

Last updated: 1 April 2023