Terms and Conditions

These Terms constitute a binding agreement between you and Integrate Art (ABN 69 712 724 945) (we, our, us) and govern your access to and use of the Website and access to our Educational Materials. Unless specified otherwise, all defined words in these Terms have the meaning in the Definitions and Interpretation section in clause 16. If you do not agree to or accept these Terms, you must not access the Website or use any of the Educational Materials.

By using the Website and/or purchasing a Subscription or Educational Materials, you agree to be bound by these Terms.

  1. Amendments to these Terms

We reserve the right to amend these Terms from time to time at our discretion.  Amendments will be effective:

  1. as they apply to the Website, immediately and your continued use of the Website following such amendments will represent your agreement to be bound by the amendments to these Terms; and

  2. as they apply to an on-going Subscription, upon providing notification to you with at least 14 days’ notice. If you do not wish to accept the change you may cancel your Subscription prior to the change taking affect and receive a refund of your Subscription Fee proportional to the remaining term of the Subscription, as calculated by us acting reasonably.   

  1. Subscription 

    1. All Educational Materials supplied under these Terms and Conditions are not for re-sale or on-supply and you agree to indemnify us against any loss, damage and expense caused due to your resale or on supply of them.         

Application  

  1. You may via our Website, or such other means as we may accept from time to time, submit a request for a Subscription, you will receive an email acknowledging that we have received the request for a Subscription. 

  2. We will then have two Business Days to either accept or reject your application for a Subscription, at our sole unfettered discretion. If you have not received notice of our rejection of the application within those two Business Days then we have accepted it. 

  3. Each Subscription that we accept forms a separate binding agreement between you and us for the purchase and supply of the Subscription, in accordance with these Terms and Conditions.

  4. A Subscription entitles you to access Educational Materials, some of which may require the payment of a further Fee to use, as we may prescribe from time to time. 

Management 

  1. You may request to vary the Subscription including your Personal information (for instance: name, address and contact information).

Cancellation 

  1. To cancel the Subscription you must make a request by emailing us at integrateart549@gmail.com. With the exception of paragraph 1.2, cancellation of the Subscription does not entitle you to a refund of any Fees paid. 

Renewal 

  1. Subscriptions do not automatically renew at the end of the 12 month period without us making contact with you. We endeavour to contact you prior to the end of the Subscription term to enquire if you wish to extend for a further 12 month term. If, at that point, you do not choose to cancel the subscription, the fee for the next year’s subscription will automatically be deducted from your nominated account.

  2. Access to the Educational Materials will cease at the end of the 12 month term, in the absence of you accepting our offer to extend the Subscription for a further term. 

Registration and account security

  1. You must maintain the security of your password for any account for a Subscription. We and our Representatives are not responsible for any loss or damage suffered in connection with any failure by you to maintain a secured username and password. You must notify us immediately of any known or suspected unauthorised use of your account, or any other breach of security on our Website. 

  2. To register a Subscription, you will be required to provide us with your email address, first name, last name, phone number, organisation name, and any other information that we may require from time to time. 

  3. You represent and warrant that all information provided by you is complete and 

  1. Prices and Payment

    1. Unless stated otherwise, all prices displayed on the Website are in Australian dollars (AUD).

    2. We reserve the right to change the prices displayed on the Website at any time before you place an order. 

    3. You agree to pay the purchase price of the Subscription and any additional Educational Materials that you have ordered, plus any additional fees and charges set out in these Terms and our Website. 

    4. Unless stated otherwise, all amounts payable on the Website and pursuant to these Terms are inclusive of GST. For the purposes of these Terms, GST has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

    5. You must pay for the Subscription and/or Educational Materials at the online checkout on our Website by credit card or any other payment method displayed on our Website from time to time. 

    6. You warrant and represent that all information you provide when paying for the Subscription and/or Educational Materials is accurate and true, that you are authorised to use your chosen method of payment, and that you will not sell or re-sell any of the Educational Materials you purchase or obtain from us.  

  2. Acknowledgements

You acknowledge and agree that:

  1. we do not represent that the Website will be available at all times;

  2. to the maximum extent permitted by law, we are not liable for the accuracy of information on the Website, and do not make any representations about the accuracy, completeness or currency of the information displayed on the Website;

  3. we do not warrant that the Website is free of defects, errors, or malicious material (such as viruses); 

  4. we are not responsible for any loss or damage (including Consequential Loss) suffered due to any defects, errors, or malicious material (such as viruses) on the Website; 

  5. you must take your own precautions (including using antivirus software) to prevent the risk of loss or damage caused by malicious material (such as viruses) when using the Website; and

  6. you must not: (a) reproduce, modify or distribute any information on the Website; (b) do anything that places an unreasonable or disproportionately large load on the Website or related infrastructure; (c) use the Website in any way that violates applicable local, state, national or international law; (d) do anything that breaches (or attempts to breach) the security of the Website, makes unauthorised modifications to the Website, or otherwise interferes with a user’s use or enjoyment of the Website; (e) use any automated means (eg, robot, spider or scraper) for any purpose in connection with your use of the Website; (f) do anything which may result in the introduction of any viruses, trojan-horse type programs, worms, logic bombs, or other malicious material to the Website; (g) do anything that would likely obtain unauthorised access to, interfere with, damage or disrupt any part of the Website or related infrastructure; or (h) use the Website in any way that breaches these Terms.

  1. Privacy Policy

Collection and disclosure of your personal information: 

  1. We collect your personal information necessary for us to provide the Website, Subscription and our Educational Materials to you, the kinds of personal information we collect and hold may include:

    1. name, address, and contact information;

    2. relating to the purchase of products or services; and

    3. information about your dealings with us.

  2. If you do not give any personal information when we ask for it that is your prerogative. However we may not, or no longer, be able to provide to you the Website, Subscription or Educational Materials.

  3. We collect, hold and use you personal information for the purposes for which it was collected and related purposes including to:

    1. provide services to you;

    2. manage your Subscription;

    3. manage our relationships with you and our other customers;

    4. provide to you information about our services that may be of interest to you;

    5. facilitate our internal business operations, including fulfilling our legal requirements and professional obligations; and

    6. transfer to a separate or different legal entity as part of a genuine corporate restructure or sale of business. 

Cookies 

  1. This website utilises software that makes use of browser cookies. These cookies are only used to record information (such as browser and page views) that helps us improve the quality and performance of the website of our services to you or our clients. Our server may also automatically record details about any computer used to access the website (such as the IP address, the date and time of access etc) together with details of information downloaded. This information is used for internal purposes only as well as to improve our website. Any other information supplied to us is treated in accordance with these terms.

  1. Limitation of Liability

    1. To the maximum extent permitted by law, we and our Representatives are not liable for any loss (including Consequential Loss) or damage which you may directly or indirectly suffer in connection with: (a) your use or inability to use the the Website or Educational Materials; (b) your use of, or reliance on the information displayed on our Website; (c) any defects in the Educational Materials or defects in the information shown on the Website; (d) any viruses, malicious software or other forms of interference in connection with your use of the Website, or (e) damage or injury to persons or property in connection with the Educational Materials or your use of the Website.

    2. Where our liability cannot be excluded due to the provisions of the Australian Consumer Law, our liability will be limited to the re-supply to you, or the cost of re-supplying to you, or a refund of the fees paid by you (determined by us in our absolute discretion).

  2. Indemnity

You will indemnify us and our Representatives, and keep us and our Representatives, indemnified from and against all losses, liabilities, costs, expenses or damages (including Consequential Loss and legal costs and expenses on a solicitor/client basis), and from and against all actions, claims, demands, suits or proceedings made against us, arising directly or indirectly from:

  1. your use of the Website;

  2. any information that you make available on the Website; 

  3. your failure to comply with any applicable laws and regulations (including applicable modern slavery laws and regulations), rules or regulations in connection with the Educational Materials or your use of the Website; and

  4. your negligence, misconduct, or breach of any duty in connection with the Educational Materials or your use of the Website. 

  1. Intellectual Property & Confidentiality 

    1. Unless specified otherwise, we are the owner or licensee of all Intellectual Property in the Website, Subscription and Educational Materials

    2. Your access to and use of the Website, Subscription and Educational Materials does not in any way transfer any of the Intellectual Property in them to you. 

    3. You must not republish any Intellectual Property in Website, Subscription and Educational Materials for any purpose without our prior written consent.

    4. By purchasing our Educational Materials we grant to you a non-exclusive, non-sub-licensable, revocable, royalty-free, licence to use our Intellectual Property for the sole benefit of using the Educational Materials for their intended ordinary use. 

  2. Third-Party Links

    1. The Website may contain links to other websites, applications or platforms that are not owned or operated by us (together, Third-Party Links).

    2. We do not control, endorse or adopt any Third-Party Links, and make no representations or warranties of any kind in relation to Third-Party Links.

    3. We are not liable for any of your interactions with Third Party Links.  Your interactions with Third Party Links are entirely at your own risk and subject to the terms of the websites, applications or platforms providing the Third-Party Links.  

  3. Links to our Website

You may only link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.

  1. Force Majeure

We are not responsible for any delay or failure to perform our obligations under these Terms due to the occurrence of an event or circumstance (including, but not limited to, a fire, flood, hurricane, war, act of terrorism, pandemic, or material data breach) which:

  1. we did not cause or could not control or avoid through reasonable diligence and precaution; and

  2. prevents us from performing any of our obligations under these Terms.

  1. General

    1. These Terms are governed by the laws of South Australia and the Commonwealth of Australia.  The parties submit to the exclusive jurisdiction of the Courts of South Australia and the Commonwealth of Australia. 

    2. Any provision of these Terms that is invalid, unenforceable, or illegal must be read down to the extent necessary to be valid and if it cannot be read down to that extent, it must be severed. All other provisions of the Terms continue to be valid and enforceable.

    3. Any failure by us to act or enforce these Terms immediately will not be considered a waiver of our right to take any such action. 

    4. These Terms record the entire agreement between the parties with respect to its subject matter and supersedes all prior negotiations, agreements and understandings between the parties in connection with it.

  2. Definitions and Interpretation

In this Agreement, unless the contrary intention appears:

  1. the singular includes plural and vice versa; where a word or phrase is defined, its other grammatical forms have a corresponding meaning; a reference to a request or notice means a request or notice in writing; mentioning anything after include, includes or including does not limit what else might be included; reference to a person includes a body politic or corporate, an individual and a partnership and vice versa; headings do not affect construction; no rule of construction applies to the disadvantage of a party because that party put forward these Terms or any portion of it;

  2. Australian Consumer Law means the Australian Consumer Law contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth);

  3. Consequential Loss means any loss, damage or expense which does not arise naturally from the relevant breach, act or omission (which includes but is not limited to, loss of opportunity or goodwill, loss of profits, anticipated savings or business, and loss of data);

  4. Intellectual Property means all intellectual rights subsisting or which may subsist around the world, whether registered or unregistered, including copyright, inventions (including patents), confidential information, trade secrets, technical data and know-how, circuit layouts, trade marks, any other rights resulting from intellectual activity in the industrial, commercial, scientific, literary or artistic fields, and any applications for any of the foregoing;

  5. Privacy Policy means our privacy policy referred to in clause 10 of these Terms;

  6. Representatives means any of our affiliates, agents, consultants, employees, directors, licensors, and partners;

  7. Educational Materials means the materials available for purchase, to those with a Subscription, from the Website from time to time;

  8. Terms means these terms and conditions; and

  9. Website means the website at Integrateart.com.au

  1. Further information

If you have any questions or would like additional information about these Terms, please contact us at integrateart549@gmail.com