Terms & Conditions
TERMS AND CONDITIONS FOR OUR INTERIOR STYLING PACKAGES AND ART CLASSES
This Agreement is made between Brooke Albon t/as Tipsy Textures ("Tipsy Textures”/ “us”/ “we”) and you, the purchaser of the art workshop or art products.
The reason we have this Agreement is to formalise the art workshop or art products we will be providing, and the terms and conditions upon which we will be providing that art workshop or art product. By purchasing an art workshop or art product you acknowledge that you have read and understood and agree to be legally bound by the following terms and conditions.
ART CLASSES
We will perform the services included in the Art Class with due care, skill, and diligence; and the services will be performed personally by us or Our Representatives.
We agree to:
Provide the Materials as further described in the Art Class;
Amend any discrepancies or ambiguities in the Materials due to our inadvertent mistakes; and
Keep you informed of any changes to the purchased Art Class.
We may make recommendations of suppliers of art products but at all times this is a recommendation only, and you are responsible for all contracts and payments to any suppliers. We cannot warrant their goods and services and they may not meet your expectations.
ARTWORK FOR SALE
We will provide you with the art you have purchased with due care, skill, and diligence; and the services will be performed personally by us or Our Representatives.
We agree to:
Provide you the purchaser with the art as further described on the website;
Amend any discrepancies or ambiguities in the art due to our inadvertent mistakes;
Keep you informed of any changes; and
Package and send your artwork, if requested, with due care and diligence.
We cannot warrant the services of the courier company and they may not meet your expectations.
ART PRODUCTS FOR SALE
We will provide you with the art product you have purchased with due care, skill, and diligence; and the services will be performed personally by us or Our Representatives.
We agree to:
Provide you the purchaser with the art product as further described on the website;
Amend any discrepancies or ambiguities in the art product due to our inadvertent mistakes;
Keep you informed of any changes; and
Package and send your art product, if requested, with due care and diligence.
We cannot warrant the services of the courier company and they may not meet your expectations.
VARIATIONS AND ADDITIONAL SERVICES
Additional Fees will apply for any additional services not included in our art workshop or art products as set out on our website. After you purchase the art workshop or art products, if you require any changes to the art workshop or art products, you must notify us as soon as possible, and we may provide you with an amended costs or terminate this Agreement at our discretion. Any delays as a result of your changes or additional services will not constitute a breach of this Agreement by us.
FEES
You agree that you will pay us Our Fees for the art workshop or art products at the time of purchase. You must also pay all Additional Fees for any additional services.
Additional Fees may apply where:
we have to travel beyond a particular distance to perform the services;
the courier company requests additional fees for bulky items;
If you require tables and chairs at a private event;
you require us to take out additional insurances; and
there are other unforeseen circumstances.
Interest at the rate of 11% will be charged on any unpaid invoices, and any legal collection fees that are incurred will be charged to you.
AUSTRALIAN CONSUMER LAW
Our art workshop or art products come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the services, you are entitled:
to cancel your service Agreement with us; and
to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
If the failure does not amount to a major failure, you are entitled to have problems with the services rectified in a reasonable time and, if this is not done, to cancel this Agreement and obtain a refund for the unused portion of the Agreement.
Except as required by law, we do not warrant the quality of any recommended Goods or the art workshop or art products or warrant that they will meet your expectations.
INTELLECTUAL PROPERTY AND PUBLICITY
We retain all Intellectual Property Rights in the Materials. We grant you a royalty-free, revocable, non-exclusive, non-transferable licence for the duration of the service to use the Material for the purpose only of the workshop. This licence is conditional on us being engaged for the entire workshop, any applicable Additional Fees being paid and up-to-date. This licence may be revoked immediately in the event of a breach of this Agreement.
You must only use the Material for the workshop and for no other use. You must notify us of any suspected infringement of the Intellectual Property Rights and take reasonable action as we direct at our expense.
You must not:
use the Material except as we direct;
alter or reverse engineer our Material;
use the Material in a manner which is likely to damage our reputation, or which is unacceptable to us; or
provide the Material to any third-parties.
We will also own any and all material created by you and any representatives that improves on our Material. To facilitate this, you assign and must ensure that any of your representatives assign to us all existing and future Intellectual Property Rights in all such material, whether that material is created alone or jointly with us; and you acknowledge that by virtue of this clause all such existing Intellectual Property Rights vest in us on the day of this Agreement and on their creation all such future Intellectual Property Rights will invest in us. You warrant that the rights assigned to us do not and will not infringe the Intellectual Property Rights of any person.
You permit us to photograph and/or video the workshop, and use the photographs and video for marketing and information purposes, or publications exhibitions and professional awards. You must seek our prior written consent before any publication of information about the workshop.
LIMITED LIABILITY AND INDEMNITY
You agree and acknowledge that we are not liable for any Loss or Damage which may result from the art workshop or art products. This includes, but is not limited to any loss, personal injury, death, negligence, loss of profits, revenue, salary, property damage, loss of enjoyment, virus or damage to your systems, or reliance on our services.
In any case, our liability to you will not exceed the amount actually paid by you to us for the most invoice that has been paid.
You acknowledge, agree and undertake that you shall be the legally responsible party for any conduct by you in respect of any legal proceedings and you agree and undertake to indemnify us and keep us at all times fully indemnified from and against any Claims whatsoever arising directly or indirectly as a result of any breach by you of this Agreement, any conduct by you in using our Services, any third party claims, any reliance by you on our costs estimates, any misinterpretation of our art workshop or art products, any property damage by us or Our representatives at the workshop, and any incorrect or incomplete information you, or anyone else provide to us; any price changes of Goods, availability of Goods, late or stolen delivery of Goods, or access issues relating to Goods.
TERMINATION
We may either suspend the art workshop or art products or terminate the services where:
you fault on any payments;
you request Additional Services that are not in our scope.
We may also, at our option and without prejudice to any of our rights, immediately terminate this Agreement where you default on any of our invoices, breach this Agreement, or commit an act of bankruptcy.
Upon termination by us, you must:
immediately cease to use the Material, and return all our Material; originals and copies of all documents and information in any form containing or covering in any way any part of this Material; and any and all material created by you under this Agreement to us;
assign any Intellectual Property Rights in improvements in the Materials where relevant to us; and
pay to us all accrued Fees for any portion of the art workshop or art products that has been undertaken.
You may terminate this Agreement at any time subject to the following:
the payment of the total of the art workshop or art products and any Additional Fees; and
any other fees, or disbursements that have occurred whether or not the service has been completed.
FORCE MAJEURE EVENT
Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.
DISPUTES
If at any time any aspect of the art workshop or art products are not reasonably acceptable to you or we disagree on the quality or substance of the services you will immediately notify us of any such reason, the specifics and will give a reasonable opportunity for us to respond and address any concerns.
If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative, or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
VARIATION TO THIS AGREEMENT AND THE GOVERNING LAW
This agreement completely states the agreement of the parties as to its subject matter. It supersedes, and its terms govern all previous communications, representations, inducements, undertakings, agreements, and arrangements between the parties in respect of its subject matter. If there is any inconsistency between the terms of this Agreement and any other attached documents, this agreement prevails. This Agreement may not be modified or amended except in writing signed by both parties. If any services have been provided by us before the date of signing of this Agreement, the parties agree that this Agreement applies retrospectively. This Agreement must not be transferred or assigned without the prior written consent of the other party. This Agreement is governed by the laws from time to time in force in the state of QLD, Australia. Both parties agree to unconditionally submit to the non-exclusive jurisdiction of the Courts of QLD, Australia for determining any dispute concerning this Agreement. All obligations and liabilities in this Agreement survive termination of this Agreement.
DEFINITIONS:
"Additional Services" means any services beyond the scope of the services described in the art workshop or art products.
“Agreement” means these terms and conditions, and the Schedule including the Proposal and Our Fees.
“Art Classes” are further described on our website.
“Art Product” includes original artwork, commissioned artwork and any art products for sale, as further described on our website.
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
"Claims" means any claims, costs, damages, and awards.
“Client Representative” means the representative you notify to us and who is authorised to provide all instructions.
“Force Majeure Event” means any event beyond our control which prevents us from complying with our obligations under this Agreement, including but not limited to, a pandemic, act of God, such as fires, earthquakes, floods; war or hostilities, riots, strikes, disorder or acts or threats of terrorism, or electrical failure, changes to regulations, weather events, travel limitations, venue closures.
“Goods” all materials and tools, or any other personal property used for producing art and servicing the art workshops.
“Intellectual Property Rights” means all trademark, copyright, design rights, patents, trade secrets, confidential information whether registered or unregistered.
"Loss or Damage" means any loss or damage including, but not limited to any direct, indirect, consequential, or incidental loss and damage.
“Materials” means any art materials and tools, and any documents or materials provided to you during the art workshop or purchase of any art products.
“Our Representatives” means any of our directors, officers, employees, independent contractors, agents, consultants, advisors, and other representatives.