CASS DELLER DESIGN
SURFACE PATTERN DESIGN COURSE AGREEMENT
The purpose of these terms and conditions are to benefit both you and us and to set clear expectations about the scope of our services and other key deliverables including processes, timeframes, and scope of work.
TERMS AND CONDITIONS
1. This Agreement sets out the terms and conditions on which Cass Deller Design Pty Ltd (ACN 600 124 463, ABN 46 600 124 463) (we/us/our) provides the Surface Pattern Design Course (Course) to you (you/your).
2. Unless you or we enter into a separate agreement in relation to future courses, this Agreement also governs any other future courses.
3. It is your responsibility to read and understand these terms and conditions. If you have any queries or concerns, please notify us immediately.
DEFINITIONS
4. In this document, these terms have the following meanings:
a. Agreement means the terms and conditions set out in this document.
b. Business Day means a day other than a Saturday, Sunday, or public holiday.
c. Code of Conduct means the set of rules outlining the norms, rules and responsibilities of each participant of the Course.
d. Confidential Information means all information, either oral or written about our business that we have or may give to you in the process of providing the Course. This includes any frameworks, proposals, documents, business methods, member’s list, team member contact details, and financial information, in each case save where the information is in the public domain other than as a result of a breach of confidence owed to us by any person (including you).
e. Course(s) means the Surface Pattern Design Course for Creative Entrepreneurs.
f. Fees means any and all amounts payable to us in respect of the Course.
g. GST means the goods and services tax chargeable under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
h. Intellectual Property means all rights to, and any interest in, any copyright, design, trade mark, trade name, confidential information, trade secrets and technical information as may exist anywhere in the world at any time (whether capable of protection by registration or not), including all applications for any such rights.
i. Merchant Fees means the fee including international bank charges which we are charged to process secure Credit card, Debit card, Pin Payments, PayPal payments.
j. Party/ies means either us or you or both collectively.
PROVISION OF THE COURSE
5. When you enrol in a Course with us, you acknowledge and agree that these terms and conditions will apply.
6. In providing the Course, we will ensure that the Course is provided with reasonable skill, care, and diligence to the standards reasonably expected of Pattern Design Course providers providing Courses of a similar nature.
7. Through our Course, you can expect to gain an appreciation for and knowledge of several areas of surface pattern design including:
· How to improve your mindset?
· How to uncover your own unique creative style?
· What surface design is – the fundamentals?
· How to create repeat patterns in Adobe Illustrator and Adobe Photoshop?
· How to showcase your work to potential clients?
· How to market yourself as a creative?
· What to legal requirements to consider?
Our Course does not cover the following topics:
· Painting tutorials
· Legal requirements outside of Australia
· Formal Legal Advice
· The basics of Adobe Photoshop and Illustrator
· Financial Advice
8. The Course will feature presentations or talks by a number of guest speakers. While we endeavour to select qualified and leading experts to feature as a guest speaker, we make no representations, express or implied, in relation to their qualifications, abilities, qualities and knowledge. We cannot be held liable for any claims, loss or damage that may arise due to your reliance on any information provided by the guest speaker(s).
YOUR OBLIGATIONS
9. The Course is 10 modules long and is offered online, via Kajabi. The Course is offered three (3) times in a year, beginning in March, July and November.
10. When you apply and enrol in the Course, you agree to provide us full and accurate information including your full legal name, valid email address and any other information which is required to complete the enrolment process.
11. You will need to commit to at least 3-8 hours per module and be prepared to put in additional time outside those hours.
12. You will have instant access to the Course once you have paid the Fees and you will have lifetime access to the Course.
13. The Course also includes access to occasional live Q&A sessions with Cass Deller. These Q&A sessions will run for approximately 1 hour, and you will be notified of any upcoming session via email.
15. You agree to always conform with the Code of Conduct. Compliance with the Code of Conduct is an essential term of this Agreement.
16. We do not monitor your progress or keep records of modules you have completed. You are responsible for your own learning and progress.
17. You agree to complete a survey at the end of the Course to share your progress and feedback.
18. If you are unable to attend the sessions or complete the survey due to illness or other extenuating circumstances, then please contact us at [email protected].
YOUR RESPONSIBILITIES
19. You cannot share the login details of the Course’s community platform with any third-party. If we provide you with a Zoom link, slides, video recordings, or access to resources, then you cannot provide that link to a third-party.
20. You will be responsible for purchasing any materials and services that are need for the successful completion of the Course.
21. You cannot transfer the Course to any third-party. You cannot exchange the Course for any other course or membership.
22. You agree not to copy, download, record, or stream the Course that is made available to you. You can stream the Course on your own device/s only.
23. You are responsible for ensuring that you have access to any required hardware, software, and an internet connection.
24. You are responsible for maintaining the security of your usernames, passwords and personally identifiable information. We do not retain any of your login information and may not be able to assist you in accessing your account in the event you are unable to do so. We may only be able to provide you a link to reset your account password.
25. You must not make or attempt to modify, add, remove, hack, deface or otherwise interfere with the Course or to any material or content posted on the Course.
DISCLAIMER
26. In each module, we will be talking about different topics ranging from mindset, artistic style, design principles, surface design, repeat patterns, art licensing, legal requirements and marketing. These talks will be general in nature and should not be relied upon as qualified professional advice. It is your responsibility to seek independent professional advice that is tailored to your needs.
27. We will not be liable to you for any special, indirect, consequential, or punitive damages, including but not limited to loss of profits, loss of business opportunities or loss of goodwill if you wish to rely on the information given during the talks.
28. We wish to highlight that any advice provided by us is general in nature and does not take into account your personal or professional goals, financial requirements or specific needs. It does not substitute for any advice that is specific to your circumstances.
INTELLECTUAL PROPERTY RIGHTS
29. Unless otherwise agreed between the parties in writing, all Intellectual Property in the Course and other materials created by us in the Course or in providing the Course will vest absolutely and automatically on creation, and remain thereafter, in us. You must not reproduce, store, adopt, distribute, publish, or create similar works for them.
30. When you enrol in a Course with us, we will grant you a non-exclusive, non-transferrable, non-shareable, royalty-free, and non-sublicensable licence to you. For the avoidance of doubt, this aforementioned licence is for your personal use only and you cannot sub-licence it to a third-party.
31. Cass Deller and any other marketing symbols or words that appear in the Course and/or on our website are our trade marks and you should not use them in relation to any activity without our prior written permission.
CONFIDENTIALITY
32. You agree to keep (and ensure, to the best of your ability, that your employees, independent contractors, agents, and any other persons acting or working on your behalf (such as volunteers) or any other third parties who may come in contact with material belonging to us) keep the Confidential Information strictly confidential.
33. You must:
a. only access and use the Confidential Information for the purpose of completing the Course;
b. take all reasonable steps to maintain the strict confidentiality of the Confidential Information;
c. ensure that proper and secure storage is provided for Confidential Information while in your possession or under your control;
d. take all precautions necessary to prevent disclosure of Confidential Information;
e. not use or attempt to use the Confidential Information in any manner which may injure or cause loss, either directly or indirectly, to us, or which may be likely to do so;
f. take reasonable precautions to prevent any unauthorised use, disclosure, publication or dissemination of Confidential Information;
g. promptly notify us if you suspect, or become aware of, any loss or any unauthorised use, storage, copying or disclosure of the Confidential Information;
h. immediately take all steps necessary to prevent or stop, and comply with all our reasonable directions in respect of, suspected or actual breaches of this Agreement; and
i. if requested by us, immediately return to us, or destroy, delete and erase, all materials that contain Confidential Information.
This clause survives the termination of this agreement.
34. The return, destruction, deletion, erasure or retention of Confidential Information does not relieve you from any of your other obligations under this Agreement.
PAYMENT
35. In consideration for us providing the Course, you must pay the Fees.
36. You can pay the Fees in monthly instalments of $195 AUD over a period of twelve months or as lump sum payment of $1,997 AUD.
37. If you are paying the Fees in monthly instalments, then we will automatically debit the monthly instalment at the beginning of each month from your credit card.
38. Please ensure that your credit card has sufficient balance to proceed with the payment. In the event, your credit card is declined, then we will levy a fee of $10 each time for reprocessing the payment.
39. If your credit card is declined after the fourth attempt, we will suspend your access to the Course. Your access to the Course will be reinstated only after you have brought your account up to date.
40. All our Fees are GST inclusive. The GST component is stated on each invoice.
41. All payments to be made to us must be made in the full amount shown in each invoice, free of any deductions or withholdings, and without you exercising any right of set-off. You may also be liable for any Merchant Fees or charges associated with debit or credit card transactions.
42. If a payment is unpaid for 14 days after the due date for payment, then your enrolment may be cancelled immediately without any further notice.
PERSONAL INFORMATION
43. When you enrol with us, we collect personal information from you, such as your name, location, phone number, email address or other personally identifiable information about you (personal information). We will use the personal information to provide the Course you have requested and to communicate with you in relation to our future courses and services. We do not sell, trade or transfer your personal information to any unrelated third-party.
44. Your personal information may also be collected by Kajabi, the platform on which the Course is hosted. To view Kajabi’s privacy policy, please follow this link: https://cass-deller-design.mykajabi.com/privacy.
MARKETING
45. We may at our discretion record or photograph any online and/or offline sessions for promotional activities. You acknowledge and agree that you may be recorded or photographed and that you may appear in our promotional and marketing activities. If you do not agree to be photographed or filmed, then please let us know in writing in advance.
46. You acknowledge and agree that you will not be paid for your appearance in our promotional and marketing activities.
47. You acknowledge and agree that we may use your name, company name and other details to promote our Course and our business in general. If you do not wish for us to use your name and details for our promotional and marketing activities, then please let us know in writing in advance of enrolling in the Course and in any event before the Course commences.
TESTIMONIALS
48. We may request you to write a testimonial or film a short video for our Course. You agree that we can use that testimonial in our promotional and marketing activities without any compensation to you. Similarly, if you leave a review for us online on platforms such as Google, Facebook and Trustpilot, then we can reproduce that review for our promotional and marketing activities without any compensation to you.
49. Any review or other matter that could be regarded as a testimonial or endorsement about our Course does not constitute a guarantee, warranty, or prediction regarding the outcome of any use of such Course and you acknowledge that testimonials represent the anecdotal experience of individual consumers.
LIMITATION OF LIABILITY
50. Our Course is designed to help you establish your surface print design business. We make no promises or provide any warranties in relation to the level of income you will earn, the amount of sales you will make or the returns you will generate after attending the Course.
51. We will not be liable to you for any special, indirect, consequential, or punitive damages, including, but not limited to, loss of profits, loss of business opportunities, or loss of goodwill, arising out of your use of the Course.
52. Nothing in this Agreement shall be read or interpreted as excluding, limiting or modifying your rights as a consumer under the Australian Consumer Law.
53. To the fullest extent permitted by law and without limiting your rights under the Australian Consumer Law, and notwithstanding any other provision of this Agreement, our aggregate liability under or in connection with this Agreement, howsoever arising (including by reason of tort, negligence, breach of contract or otherwise), shall not exceed the sum of all Fees paid to us in respect of the relevant Course giving rise to the liability.
INDEMNITY
54. You will be liable for and agree to indemnify, defend and hold us and each of our employees and contractors harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly from:
a. any information that is not accurate, up to date or complete or is misleading or a misrepresentation provided to us, our employees, contractors or agents;
b. any breach of this Agreement by you, your employees, contractors or agents; or
c. any claim by a third party that any use by us of information, works, material or Intellectual Property supplied by you infringes that third party’s rights in any way.
55. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or any litigation that arises as a result of your use of our Course including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information we have given you or you have given to us, respectively.
56. The obligations of the above two clauses will survive the termination of this Agreement.
INSURANCE
57. We warrant that we have the appropriate Professional Indemnity Insurance required to provide the services.
REFUNDS
58. We do not offer refunds for a change of mind or extenuating circumstances and all payments are final and non-refundable.
59. Nothing in this Agreement operates to limit or exclude your rights as a consumer under the Australian Consumer Law, that being Schedule 2 of the Competition and Consumer Act 2010 (Cth).
COMPLAINT HANDLING
60. If you have any complaints regarding the Course or any parts thereof, the please email us at [email protected] and one of our friendly team members will get in touch with you within 48 hours to discuss your complaints.
61. You agree to engage with us in good faith to resolve any complaints you have and that you will follow the complaint handling procedure before commencing any legal action. Nothing in this clause prevents you or us from seeking an injunctive relief.
TERMINATION
62. A party may terminate this Agreement by giving 14 days written notice if:
a. the other party is in default in the performance of any of its obligations under this Agreement and the default is not capable of being remedied, or if the default is capable of being remedied the other party fails to remedy the default within 14 days of notice by the first party specifying the default;
b. the other party ceases to carry on business, ceases to be able to pay its debts as they become due including poor payment history, enters into a compromise with its creditors, goes into liquidation, or a receiver and manager or statutory receiver is appointed, or any analogous event occurs; or
c. the other party imposes unreasonable restrictions on working with their competitors or working with other clients in their category.
63. In the event of termination of this Agreement, we will retain any amounts paid to us by you and are entitled to be paid amounts that are due but not yet paid.
64. This Agreement may be terminated immediately by notice in writing to you if you are in breach of a material obligation under this Agreement.
NON-DISPARAGEMENT
65. Both parties agree not to defame the other party or make disparaging statements about the other party in any form and on any medium.
66. If you have any feedback for us or if you wish to discuss any issues relating to the Course, then we strongly encourage you to contact us to resolve it before raising the issue publicly.
GENERAL
67. Each party warrants to the other that it has the power and authority to enter into this Agreement and the obligations contemplated by it.
68. Each party enters into this Agreement as an independent contractor. Nothing in this Agreement creates, constitutes, or evidences any partnership, joint venture, agency, trust or employer/employee relationship between the parties, and a party may not make, or allow to be made, any representation that any such relationship exists between the parties. A party shall not have the authority to act for, or to incur any obligation on behalf of, any other party, except as expressly provided for in this Agreement.
69. This Agreement supersedes all previous agreements in respect of its subject matter and embodies the entire agreement between the parties in respect of its subject matter.
70. Any notice or document required to be given under this Agreement must be in writing and may be given by hand, post, email or facsimile as shown in the relevant party’s contact details or otherwise notified by one party to the other.
71. We may assign, license or sub-contract our rights and obligations under this Agreement without your consent.
72. You must obtain our consent in writing to assign (including by way of a change of ownership of you), license or sub-contract your rights and obligations under this Agreement.
73. Any modification to or variation of this Agreement must be in writing.
74. Each party agrees that this Agreement may be electronically signed, and that any electronic signature appearing on this Agreement shall be construed as the handwritten signature for the purposes of validity, enforceability, and admissibility.
75. If any provision of this Agreement is held to be invalid, illegal or unenforceable, it will be severed, and the remainder of the Agreement will remain in full force and effect.
76. If there is a dispute between the parties in relation to any matter connected with this Agreement or a Project, the parties must meet in good faith to seek to resolve the dispute by agreement between them. The parties agree to follow this procedure before resorting to any legal proceedings, save that nothing in this clause prevents either party from seeking urgent injunctive relief.
77. This Agreement shall be construed in accordance with and governed by the laws in force in the State of Queensland, Australia and each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia.
CODE OF CONDUCT
1. You agree to communicate with us honestly and be open to receiving feedback and assistance.
2. You acknowledge and agree that successful outcome is dependent on your efforts.
3. You are honest and ethical in your dealings with us and other participants of the Course.
4. You will treat each other in a transparent and non-discriminatory manner. You will respect other participant’s views and ideas even if they conflict with yours. You will not use foul or inappropriate language.
5. You will communicate with the speakers of the Course with courtesy.
6. Rude or intimidating behaviour will not be tolerated. We reserve the right to immediately terminate this agreement if you engage in rude or intimidating behaviour.
7. You acknowledge and agree that you are responsible for your mental, emotional, and physical well-being and that you will be solely responsible for your actions, choices, decisions, and results.
8. When communicating with us via emails, always use a clear and descriptive subject line so recipients can easily identify the content of our email. We recommend that you keep emails concise and clear.
9. You should not forward SPAM, chain letters or other unsolicited advertisements to us or other participants.
10. You must respect copyright laws and you must not use our or anybody else’s content, images, or video without permission.
11. If a dispute arises between you and any other participant, then we will not be responsible to act as a mediator to settle the dispute.
