TERMS OF SALE

1 DEFINITIONS

1.1 “We”, “us”, “our” mean The Artists Business Lounge.

1.2 “You” and “your” mean the purchaser of services, goods, audio or video content from The Artists Business Lounge.

1.3 This is a contract between us and you.

2. CONTRACT

2.1 All content on our website, membership site and other platforms is copyright The Artist Business Lounge. Intellectual property remains with The Artist Business Lounge.

2.2 When you purchase content from us, we grant you a licence (which is limited, revocable, non-exclusive, and non-transferable) to listen to, download or stream such content to your computer and/or other device(s) solely for your personal, non-commercial use. By entering into this agreement, you agree to

(a) not otherwise copy, reproduce, distribute or use the content other than as set out in this contract.

(b) not sell, transfer, lease, modify, distribute or publicly perform the content in any manner and you must not exploit it commercially.

(c) not tamper with the content or create any derivative works therefrom.

(d) to abide by any additional specific license requirements stipulated in individual products and programs

2.3 We may terminate your license to use any purchased products if you breach this contract.

3. PAYMENT

3.1 You may request to make payment in installments. If you and we agree that you may make payments by installments you must pay all installments on or before each due date.

3.2 Where a program is paid on a subscription otherwise referred to as payment by installments, you acknowledge that all installment payments must be made unless participation in the program is cancelled during the refund period as per clause REFUNDS & EXCHANGE (clauses 8.1 and 8.2)

3.3 All sold by us are charged in Australian dollars or US Dollars. If you are located in Australia your price includes Australian Goods and Services Tax.

4. EDUCATION AND COACHING

4.1 By using our services, you agree that The Artists Business Lounge is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own.

4.2 Under no circumstances can you hold The Artists Business Lounge liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by The Artists Business Lounge.

4.3 All our information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute financial or legal advice. Results are not guaranteed, and The Artists Business Lounge takes no responsibility for your actions, choices, or decisions.

5. VIRTUAL AND LIVE EVENTS

5.1 Event: The Artists Business Lounge reserves the right to change the times, dates and location of an event at any time. In such circumstances, The Artists Business Lounge will reschedule to limit inconvenience as much as is reasonably practicable. Whether the event is a paid event and/or a live event, every effort will be made to ensure an event of equivalent standard at a reasonable distance from the original location.

5.2 Behaviour: The Artists Business Lounge reserves the right to prohibit entry or eject any person from the venue – either virtual or live – based on behaviour deemed inappropriate by The Artists Business Lounge employees and/or its agents and others working under its authority.

5.3 Image Release: In registering for The Artists Business Lounge, you grant permission to The Artists Business Lounge, its agents and others working under its authority, to take and to have free use of video/photographs within the program containing your image/likeness. You understand these images may be used for promotional, news, online/multimedia, research and/or educational purposes by and for The Artists Business Lounge. You agree that you are not entitled to remuneration, residuals, royalties or any other payment in respect of your image/likeness or its use. You release, discharge, and hold harmless, The Artists Business Lounge and its agents from any and all claims, demands or causes of actions that you may hereafter have by reason of anything contained in the photographs or video. If you do not agree to the above image release, you must advise The Artists Business Lounge by email as soon as possible at support@TheArtistsBusinessLounge.com

Note: This image release does not extend to images of you and or your artwork outside of the context of promoting The Artists Business Lounge, nor does it override or infringe on any copyright you hold.

6. WARRANTY

6.1 We will repair or replace at our discretion any goods that are physically defective for the period of 12 months after purchase. This warranty does not apply to defects that occur because of misuse or accidental damage.

7. THE AUSTRALIAN CONSUMER LAW AND LIMITATION OF LIABILITY

7.1 For the avoidance of doubt, nothing in this contract limits or restricts your ability to make a claim against us that may be available to you for our failure to comply with a guarantee under the Australian Consumer Law.

7.2 Subject to clause 7.4 and to the extent permitted by the Australian Consumer Law and relevant state legislation, our sole obligation under this contract is to use our best endeavors to provide the products or to repair the products or repair or replace any part of a product which is found to be defective during one year after purchase. You are entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

7.3 When you acquire goods or services from us, Part 3-2, Division 1 of the Australian Consumer Law implies a number of guarantees that cannot be excluded. Subject to the Australian Consumer Law, to the full extent permitted by law:

(a) under no circumstances (including but not limited to any act or omission on the part of us) will we be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use of or access to, or any inability to use or access, the products you purchase from us;

(b) we exclude all guarantees, conditions, warranties and terms implied by statute, general law or custom;

(c) in no event shall we be liable for any other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the products, and any indirect, special or consequential damages or injury to any person, corporation or other entity.

7.4 If the product is a product not ordinarily acquired for personal, domestic or household use or consumption, pursuant to s 64A of the Australian Consumer Law and similar provisions of relevant state legislation we limit our liability to payment of an amount equal to the lowest of:

(a) the cost of replacing the goods or services or supplying equivalent goods or services;

(b) the cost of repair of the goods;

(c) the cost of having the goods repaired or replaced.

7.5 Subject to paragraph 7.4 we are not liable for default or failure in performance of our obligations pursuant to this agreement resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials, labour or transportation or any other cause beyond our reasonable control.

7.6 Subject to paragraph 7.4, we are not responsible for any loss caused by an error or defect in the products or errors or faults caused by components supplied by any other person.

8. REFUNDS & EXCHANGE

8.1 Voluntary refunds:

(a) Programs and courses have a money back guarantee for a defined period. The refund period is specified in the information page of each program and course (generally 7 or 14 days). No refunds will be offered outside the period specified.

I believe in my courses and the growth, development and results from investing in my program. This type of progress requires that you follow the course and do the work. If you work through the first few modules and are not totally happy with it, then we will refund your money.

You must demonstrate that you have participated in the program by accessing course content and joining the community [group programs only] before requesting a cancellation of your course membership and a refund. A change of mind does not constitute a valid reason for cancellation and a request for a refund. In considering your refund we may also charge an admin fee at our discretion.

Requests for refunds must be made in writing to me within the defined refund period as listed above in section 8.1 (a), at support@theartistsbusinesslounge.com

(b) If you receive your money back you must delete every copy of the product that you have downloaded as well as copies you have placed on other devices or media.

(c) Digital Products are non-refundable unless required under clause 7 above. Please satisfy yourself with your intention to purchase before proceeding. If you have any concerns about products you have purchased please email support@theartistsbusinesslounge.com giving a full explanation of the concerns.

8.2 You may be entitled to a refund as a result of your rights under the Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

8.3 If you are entitled to a refund, we will refund your money within two weeks of notice to us and the entitlement arising.

8.4 If you are required to return any goods, you are liable for the cost of returning those goods unless the cost is significant.

8.5 Your refund will be paid in the currency in which it was received by us. If you paid in a currency other than Australian dollars, you are liable for the costs of exchange.

9 DISCLAIMER

9.1 To the fullest extent permitted by law, The Artists Business Lounge absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. The Artists Business Lounge gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

9.2 Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

10. PRIVACY

10.1 You agree to our Privacy Policy available here.

11. TRADEMARKS & LOGOS

11.1 Trademarks and Logos used on the Website belong to their respective owners. You must not use any trademark displayed on the Website without the express written permission of us or the third-party owner.

12. COMMUNICATIONS
When you make a purchase from us we will retain your details to send you suitable marketing material. You may unsubscribe at any time.

13. JURISDICTION

13.1 These Terms are governed by and to be construed in accordance with the laws of Queensland, and the Commonwealth of Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland.

13.2 If any of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms which will continue in full force and effect.

14. ENTIRE AGREEMENT WAIVER

This Agreement constitutes the entire agreement between you and The Artists Business Lounge pertaining to the Site and Programs and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by The Artists Business Lounge shall be deemed or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by The Artists Business Lounge.

15. NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

The Artists Business Lounge PO Box 3143 Tarragindi QLD 4121 Australia

© 2020 – 2023 THE ARTISTS BUSINESS LOUNGE

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