Terms and Conditions
TERMS OF SERVICE FOR OUR ONLINE COURSES
Hello and welcome to Fibre Arts Take Two! We're so happy to have you join us for our Online Courses. These are our Terms of Service (“Terms”), which apply to all clients/students of Fibre Arts Take Two [ABN 72449921415] (“we, us, our”). By using our Website and Services, you're agreeing to these Terms together with any other terms and conditions and policies we publish or link to (together an “Agreement”). If you do not agree, unfortunately you cannot take part in our courses.
ONLINE COURSES WE WILL PROVIDE
Our Online Courses teach you about the process, techniques and philosophies of your selected tutor for the purpose of your artistic development and enjoyment. We provide various written and visual materials to help you during the Online Courses. We also have live Q&A group sessions.
Please note that the tutor and student interactions happen within a closed Facebook community group. Live Q&As are hosted through YouTube and Facebook, and you have the opportunity to ask text-based questions in advance and during the live broadcast. You understand that if you choose not to use Facebook, you will have limited opportunities to engage with other students and your tutor.
You understand and respect that every tutor and every Course is delivered differently, reflecting the unique personalities of the tutors we represent.
You have made the effort to watch the videos on this website and read the module descriptions carefully to ensure the Course you purchase is the right fit for you. You have considered that each course is designed to cater to all levels of experience, and as an experienced artist, you may be familiar with some lessons. You understand that each tutor shares their knowledge based on their own education and personal experience; they offer their own opinions, which you may disagree with at times.
HEALTH AND SAFETY
Please be advised that while engaging with any art materials recommended in the Online Courses, it is essential to proceed with caution and consider your own health and safety first. We strongly recommend using all art supplies as well as any technical equipment in a well-ventilated area and remind you that the use of these materials is at your own risk. Always consult the product's safety information and adhere to recommended safety guidelines.
YOUR MONEY-BACK GUARANTEE
It’s essential you know that our production is professionally produced with the highest standards, giving you a professional audio-visual experience. In doing so, we value collaborating with some of the most impressive thought leaders in the mixed media industry. We respect the lifetime worth of knowledge and intellectual property they pour into this creative and educational development for you.
In return, for our offer, we hope to attract the type of creatives with these same values. That is also why, to protect your investment, our money-back guarantee covers you. Should you watch less than 10% of the Course content within 7 days of your purchase and not be satisfied with the quality of the production, we will process a full refund. Please contact us at support@fibreartstaketwo.com.
OTHER MATTERS TO NOTE BEFORE PURCHASE
Before you buy anything from our Website, there are a few things you should know:
- you need to be over 18 years or have parental consent;
- please give us complete and accurate information, and let us know if anything changes;
- you need to use any special offers or gift codes or discounts at the time of purchase; they can't be applied after the fact; and
- you need to have adequate technology set up and internet access to participate in the Online Courses. We use Thinkific, Facebook Groups, YouTube, and email.
- The materials we provide are designed to be general in nature, to provide a strong foundation for all. However, everybody's situation and goals are unique so we cannot guarantee that your desired outcome will be met;
- Artistic Development can be very subjective, and what may be pleasing to some may not for others. Whilst we will try to work and accommodate all, we cannot always please everyone.
ACKNOWLEDGEMENTS
Whilst we aim to do our best, please be aware that there could be:
- occasional errors or omissions in Online Courses descriptions, prices, availability, and promotions;- some Online Courses with limited places, and some that are limited to certain regions or groups of people; and
- technical problems downloading Materials and using online software.
Except as required by law, we cannot guarantee the accuracy of the information, or the availability of the Online Courses. We also cannot guarantee the results of the Online Courses as they are dependent on your learning, actions, and implementation.
During any of our online courses, we may make recommendations for suppliers for various products or services. Whilst we aim to make good recommendations, if you purchase from the supplier that is a contract between you and the supplier, and we are not involved. We have no relationship or affiliation with these companies. They are simply products that various tutors use. Therefore, you must direct any product or service concerns, requests for refunds or other feedback to the supplier.
PAYMENTS
You must make payment in full or via a payment plan as required by us prior to the commencement of the Online Course, as your place cannot be reserved or confirmed until payment is received.
You also agree to pay any applicable currency conversion fees or financial service provider fees where relevant. Where payments are made in instalments, you authorise us to deduct all accrued and outstanding fees from your credit card or debit card provided. You must ensure that sufficient funds are available in your nominated account to meet any withdrawals made by us on their scheduled due dates. Where payment is defaulted or not received, access to the course is removed until such time as payment is made.
AFTER PURCHASE
After purchasing on our Website, there are a few more things you should know:
- please maintain the confidentiality of your login and password for your account;- please contact us by email at if you have any difficulty downloading any Materials, or if you have issues with the Online Courses and want to request a refund within 7 days;
- please ask our prior written consent before any publication of information about us; and
- if there is a dispute, please keep all communications confidential.
You also must not allow any other people to use the Materials or your account, or to copy, duplicate, sell, re-sell or exploit the Materials in any way.
We have group sessions where you can be part of our community, but please follow our rules.
We love it when our participants engage with us and each other during the Online Course. However, we do have some rules that we ask everyone to follow. Firstly, we ask that you be respectful to your fellow participants. We want to maintain a positive and supportive learning environment for everyone, so please refrain from any disruptive or disrespectful behaviour.
If you do become disruptive or disrespectful, we may need to exclude you from the group sessions or events to ensure that everyone else can continue learning and engaging in a safe and respectful environment.
Also, please don’t directly contact other participants without their consent. Any interactions with other participants are solely at your own risk. We want everyone to feel comfortable and safe during the program, so please be mindful of others' boundaries and privacy.
PRIVACY AND CONFIDENTIALITY
We understand that during the group sessions, you and others may share personal or sensitive information. We want to ensure that everyone feels safe and supported, so we ask that you keep all information shared during the sessions confidential and not share it outside the group.
We also kindly ask that you do not record any group sessions, as this could compromise the confidentiality and privacy of all participants.
Rest assured, we take your privacy seriously, and we will not disclose any confidential information unless we are required to do so by law. You can find more information about how we handle personal information in our Privacy Policy.
While we encourage confidential communication, we cannot guarantee that the delivery of our Online Courses and Materials will be completely secure. We are committed to making every effort to maintain your privacy and confidentiality while accessing online technology, but there is always some degree of risk involved.
POSTING RULES
We want our community to be a welcoming and respectful place for all participants. To ensure this, we kindly ask that you do not post any content that could be deemed inappropriate or offensive, such as anything that is threatening or abusive.
Additionally, we ask that you refrain from posting any content that is immoral, illegal, or that breaches the rights of any third party, including their intellectual property or privacy rights. Please also avoid posting content that impersonates others or misleads us or other participants.
Please keep in mind that you are responsible for the accuracy, completeness, and timeliness of all your posts. While we are not responsible for any of your posts or those of other participants, we reserve the right to edit or remove any content that violates our rules or is deemed objectionable.
By posting in our community, you grant us permission to use your posts for any purpose, and you waive any Moral Rights in those posts. We value your contributions to our community and appreciate your cooperation in maintaining a safe and respectful environment.
ONLINE EVENTS
We may record the online events that you take part in, like with audio, video, or photographs, to use for our marketing or information purposes. By participating in these events, you agree to let us have the Copyright in all the recordings where you might appear, whether it's a full or partial shot, or if your image is changed or added to. You won't have a say in how the recordings are used, or get to approve of them, so if you don’t agree, you will need to let us know prior to any online events.
YOUR COMMITMENT
To get the most benefit out of our Online Courses, you should:
- engage with your tutor,- engage with the community,
- watch all the lessons,
- download the resource guides,
- participate in the action tasks, and
- attend the Q&A session where possible.
You acknowledge and agree that you are solely responsible for your own success and outcomes during the Online Courses.
TESTIMONIALS
We would love to hear about your experience after the courses. If you have any photos, videos, testimonials and/or case studies we'd be thrilled if you would share them with us! We may even use them for marketing and information purposes, publications, exhibitions, and professional awards across print or digital mediums, including our social media channels. When you provide these to us, you are giving us a licence to use them for those purposes.
SHARING WORK
When sharing work created as a result of the techniques, processes and action tasks outlined in your Courses outside of the Student Facebook group - do the right thing and attribute the Courses and the processes to your tutor. Especially when sharing your own artist profile pages. Please tag @ your tutor & #fibreartstaketwo.
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OTHER MATTERS YOU SHOULD BE AWARE OF
We may change the information on our Website.
Except as required by law, we may change Course information, promotions, prices and availability and any other information on our Website.
We comply with the Australian Consumer Law.
Our Online Courses have guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to a refund for the unused portion or to compensation for its reduced value.
You are also entitled to compensation 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 service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
Except as required by law, we do not warrant the quality of the Online Courses, warrant that it will meet your expectations, or provide refunds. We do not provide refunds for changes of mind where you fail to provide us with adequate information, where you can no longer partake in part or all of an Online Course, or where you fail to comply with our instructions.
If we need to cancel part of a Course - for example, if a tutor falls ill and cannot to interact for the full 8 weeks of interaction.
Where we cannot provide a tutor, a replacement tutor will be found, or a partial refund of up to $98 USD will be provided upon request. We may also need to change times or dates of sessions at short notice or even cancel parts of an Online Course. We will notify you as soon as possible of any changes.
We can refuse your participation in our Online Courses at any time.
We may change or stop providing our Online Courses, Website and Services at any time. We may also stop you from using our Website and Services, disable your ability to purchase our Online Courses and any account and revoke your permission to use any Materials if you breach this Agreement. We are not responsible to you for any changes or if we suspend or stop our Online Courses.
INTELLECTUAL PROPERTY
Our Limited License to You. This Site and all the materials available on the Site are our property and/or that of our tutors, affiliates, or licensors. They are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal, noncommercial use. You may not use the Site or the course materials available on the Site in a manner that constitutes an infringement of our rights or that we have not authorised. More specifically, unless explicitly authorised in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email, video or other electronic means) any material from the Site and Course. However, we're happy to permit you to use our Materials for your personal use during the Course only.
You can't use our Materials for any commercial purposes without our prior written consent. If you want to use our Materials for anything other than personal use, you'll need to get in touch with us at support@fibreartstaketwo.com. We may ask you to pay a fee for these, and we'll need you to acknowledge our moral rights under the Copyright Act 1968.
EXCESSIVE VIEWS
Simultaneous and excessive viewings with multiple logins across different VPN’s will be construed by us as fraudulent use of the website, which may result in the immediate cancellation of your account without refund. It is our intention that you will want to watch and rewatch this Courses for many years to come. This does not fall under the category of excessive viewings.
LIABILITY AND INDEMNITY
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our Website and Services or any Online Courses purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Online Courses, your reliance on any of our information, any visitor posts and content, any links to third party websites, any interruptions, any changes, suspension or termination of our Website and Services, our recording of any events, and changes to dates and times of Online Courses.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:
- the replacement of the Online Courses or the supply of equivalent services; or- the payment of acquiring an equivalent Online Courses.
In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Online Courses you have paid for.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including, but not limited to where you provide incorrect information, any breach of the group session and posting rules, and any breach of our Intellectual Property Rights.
FORCE MAJEURE
Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent to which 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.
IF THERE IS A DISPUTE
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.
OTHER
This Agreement is to be construed in accordance with the laws of VIC, Australia, and you and we submit to the jurisdiction of the courts of VIC, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals, and communications whether oral or written, between you and us. In the event of an inconsistency between the terms in this document, and other terms and conditions on our Website, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.
DEFINITIONS
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
Agreement means these terms, and the general website terms and conditions and all other terms and conditions and policies published or linked to on our website.
Claim means any claim, under statute, tort, contract or negligence, any demand, award, or costs.
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 failures, changes to regulations, weather events, travel limitations, venue closures.
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, property damage and legal costs.
Materials means any of our Materials and any and all online program and Courses materials, and anything provided to you during the Courses.
Moral Rights means any moral rights as defined under the Copyright Act 1968.
Online Courses means any of the Courses offered on our website and includes all Materials.
We, us, or our means Fibre Arts Take Two [ABN 72449921415 ] and includes any of our directors, officers, employees, agents, partners, or contractors.
Website and Services means www.fibreartstaketwo.com , and everything available on this website including, but not limited to, all Online Courses.
These T&S’c were updated on the 23rd of October 2024.