Welcome to The Pastel Society of Victoria Inc. [ABN 79 681 697 875] and www.vicpastel.com.au, our website. We hope you enjoy browsing around. By visiting our website and using the services our website provides, you are agreeing to these Terms of Use and any other policies we publish or link to on our website; these form an “Agreement”. If you don’t agree, you must surf elsewhere; we may terminate your use of our website immediately if you breach our Agreement. We may also change, suspend or stop providing our website at any time.
YOUR OBLIGATIONS WHEN USING OUR WEBSITE
To provide correct information and comply with the law
When providing us with information such as when filling out any of our opt-in or other forms you must give current and accurate information. You must also comply with the laws of Victoria and Australia when you use our website, including but not limited to, all our intellectual property and cyber-crime laws. Where you access our website from outside of Australia, you must also comply with all the relevant local laws.
To only make personal and non-commercial use of our content
You agree that the copyright in all Content on our website, is owned or licensed by us. You must only use the website and its Content for your personal and non-commercial use. Any other use is prohibited unless permitted by law, or with our prior written permission which you must seek by emailing info@vicpastel.com.au. All trademarks on our website belong to their respective owners.
To use third party software, links etc at your risk
We provide links on our website to other sites. We provide the links for your assistance only, and we have no control over those other sites and do not endorse them in any way. Any use of those sites is at your sole risk and you must direct any concerns regarding their products or services to them. We also provide access to third party apps and software to enhance the functionality of our website. We have no control over those third-party apps and software, and do not make any warranties in relation to them. You use them at your own risk, and you must read and agree to their terms and conditions which govern your use of them.
To be respectful when posting
We encourage you to engage in online discussions in our community, however, we do not recommend that you include any personal information such as your email address or physical address in any posts. When you engage in discussions, your posts will not be confidential, and you must comply with our posting rules. You must not post any of the following, which is determined at our discretion:
- any disrespectful, inappropriate, offensive, threatening or abusive content;
- any content that breaches the rights of a third party (eg which is defamatory;
- any content that impersonates any other person, or misleads us as to the origin of your posts; or
- any advertising, self-promotion or sales.
Where posts do not comply with these rules, or are otherwise objectionable, we may, but are not obliged to remove them. You are solely responsible for all your posts.
WE MAKE NO WARRANTIES OR GUARANTEES
We cannot represent, warrant or guarantee that:
- our website will always be available, that your use will not be interrupted, or that our website is free from viruses or secure; or
- our content is accurate, complete and current.
For example, sometimes we will be making changes to our website, or you may come across an old landing page, historical information, incomplete pages or inaccuracies. Whilst we cannot guarantee these matters will be corrected, please email us at info@vicpastel.com.au if you find any issues.
LIMITATION OF LIABILITY AND INDEMNITY
We exclude, to the maximum extent permitted by law, any liability in connection with your use of our website and its content. We are not responsible for any Loss or Damage suffered in connection with your use of our website, its content, any interruptions, changes, suspension or termination of our website or any events beyond our control.
You indemnify us for any Claim arising out of or in connection with any third party links, websites, apps, software, products and services; your breach of this Agreement, your breach of the law including your local laws, or your breach of the rights of a third party.
OTHER
This Agreement is governed by the laws in Victoria, Australia and the parties submit to the jurisdiction of the courts of Victoria, Australia. If any part of these terms and conditions is not enforceable, it shall be severed from this Agreement and the remaining provisions will be in full force and effect. The obligations and liabilities in this Agreement survive termination. The failure to exercise our rights, or enforce a provision under this Agreement does not waive the future operation of that right or ability to enforce the provision.
DEFINITIONS
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Content in our website could be any trademarks, brand names, logos, all copy, images, art, graphics, music, audio, videos, designs or any other content.
Loss or Damage means any loss or damage including, but not limited to any loss of salary, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss or damage to reputation, loss of data, personal injury, property damage or legal costs.
We, us, or our means The Pastel Society of Victoria Inc. [ABN 79 681 697 875] and includes any of our employees, agents, partners and contractors.
ADDITIONAL TERMS OF SERVICE FOR OUR SUBSCRIPTION SERVICES
These Additional Terms of Service (“Terms”) apply to all current, or all potential subscribers to The Pastel Society of Victoria Inc. [ABN 79 681 697 875] (“we, us, our”). These Terms together with any other terms and conditions and policies we publish or link to on our Website and Services form an Agreement with us (“Agreement”). “You” could be any subscriber of ours.
ONLINE SUBSCRIPTION SERVICES WE WILL PROVIDE
As a non-member, by subscribing to the eNews of The Pastel Society of Victoria, Australia Inc., on our homepage, you are entitled to receive our monthly online eNews via email.
By joining or renewing your membership to The Pastel Society of Victoria, Australia Inc., you are entitled to 12 months access to the Members section of our website with special Member Only content. We also have online Zoom meeting sessions that you can participate in free-of-charge. You will be entitled to a members’ discount at some of our Sponsors’ retail outlets, as well as discounted entry to our Monthly Meetings and Demonstrations, Workshops and other benefits. Please see our Membership webpage for further information.
BEFORE PURCHASE
Things you must do before purchasing our Subscription Services
You must:
- be 18 years old or have parental consent;
- provide complete and accurate information to us, including account information, and promptly inform us of any updates to your information;
- have the authority to provide a recipient’s email address including if you are subscribing to the Subscription Services as a gift to a third party; and
- ensure you have adequate technology set up and internet access make use of the Membership Subscription Services.
Acknowledgements you make when purchasing on our website
You acknowledge and agree that:
- you are solely responsible for your own success and outcomes during your Subscription Services. We cannot take into account your personal situation or your personal goals or objectives when providing our Subscription Services. The Materials are general in nature, and we cannot guarantee that your desired outcome will be met as everybody’s circumstances, needs and expectations vary; and
- artwork and advice can be very subjective, and what may be pleasing to some may not for others. Whilst we will try to work and accommodate participants, we cannot always please everyone.
You further acknowledge and agree that:
- there may be occasional errors or omissions in the Subscription Services descriptions, prices, availability and promotions;
- some Subscription Services with limited places or that are limited to certain regions or groups of people;
- from time to time we may remove Subscription Services for indefinite periods of time or cancel the Subscription Services at any time without notice to you;
- there may be technical problems downloading Materials, and there are inherent risks associated with downloading digital products and using online software; and
- your use of the Website and Subscription Services, or inability to use the Website and Subscription Services is at your sole risk.
Except as required by law, we cannot guarantee the accuracy, authenticity, reliability of the information, or the availability of the Subscription Services.
You also acknowledge that we may make recommendations of suppliers for various products or services during your Subscription Services. Any recommendations are only recommendations, and if you purchase from the supplier that is a contract between you and the supplier, and we are not involved. Therefore, you must direct any product or service concerns, requests for refunds or other feedback to the supplier.
Payments
There is no payment Fee for the non-Member eNews subscription.
For Memberships, the Fee is automatically deducted from your nominated payment method unless you or we cancel your subscription in accordance with the cancellation or termination terms below.
You authorise us to:
- deduct the Fee and all other accrued and owing fees from your debit or credit card; and
- deduct any applicable currency conversion fees or financial service provider fees where relevant.
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, you authorise us to debit any outstanding funds from your nominated account, without the need for notifying you.
If you have any special offer coupons, they must be used at the time of purchase to apply; they cannot be applied retrospectively.
AFTER PURCHASE
Things you must do after purchasing a Subscription
You must:
- maintain the confidentiality of your login and password for your account;
- not allow other people to use the Materials or your account;
- contact us by email at info@vicpastel.com.au if you have any difficulty downloading any Materials;
- not reproduce, duplicate, copy, sell, re-sell or exploit the Subscription or Materials in any way;
- contact us by email at info@vicpastel.com.au if you have any issues with the Subscription Services and require a refund;
- seek our prior written consent before any publication of information about us; and
- in the case of a dispute keep all communications confidential.
Acknowledgement you make in relation to live events
We conduct various events as part of your Subscription. We reserve the right to exclude you from any event if you become disruptive or disrespectful to other participants during any of our events.
Things we’d love you to do after purchasing a Subscription
We’d love you to provide us with any photos, videos, testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.
However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at info@vicpastel.com.au.
If you need to cancel your Subscription
If you need to cancel the non-Member subscription to our online eNews, you can do so from the ‘unsubscribe’ link provided at the bottom of your eNews. Alternatively, email us at webadmin@vicpastel.com.au.
Our Membership Subscription Services are for the period from joining until 31 January each year. We do not provide any refunds for Fees until any Minimum Term has expired.
OTHER MATTERS YOU SHOULD BE AWARE OF
We may change information on our website
Except as required by law, we may at any time, and without prior notice to you:
- change and update information including availability and promotions;
- change prices or descriptions of our Subscription Services; and
- discontinue any Subscription Services.
We comply with the Australian Consumer Law
You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, consumer guarantees that the Subscription Services are delivered with due care and skill and in a reasonable time.
Except as required by law we do not warrant the quality of the Subscription Services or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where you fail to provide us with adequate information, where you can no longer benefit from the Subscription Services or where you fail to comply with our instructions.
If we need to cancel the Subscription Services we will provide a refund
Except as required by law, all payments are non-transferable and non-refundable. On occasion we may cancel the Subscription Services where we are no longer able to provide them. In these or similar circumstances where you have paid in advance we will provide you with a refund. We will notify you as soon as possible of any changes to the Subscription Services. We do not provide refunds except as required under the Australian Consumer Law.
We can refuse to serve you and provide Subscription Services at any time
We may refuse to provide our Subscription Services to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement, we may immediately terminate your use of our Website and Services, any account and disable your ability to purchase a Subscription. We can also change, suspend or stop providing Subscription Services at any time, for any reason. We are not responsible to you for any changes, or if we suspend or stop our Subscription Services.
INTELLECTUAL PROPERTY
All the Intellectual Property Rights in our Materials are owned by or licensed by us. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence for you to use our Materials for your personal use only. This licence to use our Materials in relation to the Subscription Services is for the duration of your Subscription Services only. In particular, you must not use our Materials for any commercial purposes without our prior written consent which is given or withheld at our sole discretion. Any use beyond your sole personal use will be conditional on the payment of license fees, and acknowledgement of our moral rights under the Copyright Act 1968 where applicable. Please contact us at info@vicpastel.com.au to seek consent.
RELIANCE ON INFORMATION DISCLAIMER
Whilst we exercise due care in ensuring the accuracy of information in our member portal, sometimes it may not be accurate. There may be typographical errors, or it may be based on an opinion of the author that is not widely held. Occasionally, the information may be historical information, and based on primary sources of material, contemporary thinking which existed at the time of publication, and these will change from time to time. Occasionally, the information may not be complete. For that reason, we cannot guarantee that the information is accurate, complete or current.
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 Subscription Services, including, but not limited to, any errors or omissions, price changes or discontinued Subscription Services, 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.
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 Subscription Services or the supply of an equivalent services; or
- the payment of acquiring an equivalent Subscription Services.
In any case, our liability to you will not exceed the amount of $100.
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 rules and, and any breach of our Intellectual Property Rights.
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 Victoria, Australia, and you and we submit to the jurisdiction of the courts of Victoria, 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.
Fee means the Subscription Services subscription fee as advertised on our website from time to time.
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 videos and photographs and any other materials, and anything provided to you during your Subscription Services.
Minimum Term means the minimum term of the Subscription Services before you can cancel which is 1 year.
Subscription Services means the access to our Membership benefits including, but not limited to Member-only content on our website, access to online Zoom meetings, discounted entry to our monthly Meetings at Mount Waverley, discounted fees for Workshops we conduct, discounts at some of our Sponsors outlets.
We, us, or our means The Pastel Society of Victoria Inc. [ABN 79 681 697 875] and includes any of our employees, agents, partners and contractors.
Website and Services means www.vicpastel.com.au, and everything available on this website including, but not limited to, all Subscription Services.