Studio Co!Lab Membership
Terms and Conditions
These terms and conditions are the contract between you and Orana Arts. By joining our Studio Co!Lab membership you agree to be bound by them.
We are: Orana Arts, a company registered in Australia ABN 70787305565. Our address is Western Plains Cultural Centre, Wingewarra St Dubbo NSW 2830. Our postal address is PO Box 246 Wellington NSW 2820.
You are: Anyone who has joined our Studio Co!Lab and has current paid up membership.
Please read this agreement carefully and save it. If you do not agree with it or are unclear of the meaning of the terms, you should contact us prior to proceeding with the membership registration.
These are the agreed terms
1. Definitions
In this agreement, the following words shall have the following meanings, unless the context requires otherwise:
“Content”
means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you and other users.
“Studio Co!Lab Membership”
means any service we provide, whether through Our Website or otherwise. It includes the membership service we provide as set out on Our Website and in this contract.
"Post"
means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
“Services”
means all the Orana Arts Studio Co!Lab membership services and opportunities available from Our Website, whether free or charged.
“Our Website”
means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us or any member of the Orana Arts. It includes all web pages controlled by us including our social media pages.
2. Our contract
2.1 These terms and conditions regulate the business relationship between you and us. By buying Studio Co!Lab Membership, you agree to be bound by them.
2.2 In entering this contract, you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.
2.3 Subject to these terms and conditions, we agree to provide to you some or all the Services described on Our Website at the prices we charge from time to time.
2.4 Our contract with you and membership of the Studio Co!Lab terminates one calendar year after joining. Any continuation by us or by you after the expiry of one year is a new contract under the terms then posted on Our Website. Your continued use of our Services after that shall be deemed acceptance by you of the changed Service, system and/or terms.
2.5 The contract between us comes into existence when we receive payment from you for a Service.
2.6 If we give you free access to Studio Co!Lab membership, which is normally a charged feature, and which is usually subject to additional contractual terms, you now agree that you will abide by those terms.
2.7 We reserve the right to modify the Studio Co!Lab Membership rules or system and to change the terms and conditions of this agreement at any time, without notice. Your continued use of the Studio Co!Lab Membership after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement. The terms that apply to you are those posted here on Our Website on the day you join as a member.
3. Your account and personal information
3.1 When you visit Our Website, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
3.2 You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
3.3 You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
3.4 We will not share the information you provide us with to third parties without your prior approval.
3.5 You agree to allow us to collect, store and use digital content (audio recordings, video footage, photographs, or images) taken of you during Studio Co!Lab events and opportunities for the purpose of promoting you and Orana Arts.
3.6 You will not receive any payment (whether monetary or otherwise) from us in connection with the making, use, publication, retaining, storage or management of the digital content unless otherwise arranged prior to the capture of audio, video, or images.
3.7 To the extent permitted by law, you release us from any liability in connection with the use and publication of digital content we capture of you.
3.8 We will endeavour to ensure all digital content of you is approved by you prior to publication and distribution, that the context of the digital content and all acknowledgements are used in its public presentation and that we will inform you when and where the digital content will be publicly available. To the best of our ability ensure it is not used out of context by unauthorised agencies and will inform you if we are made aware of any occurrences.
4. Orana Arts Studio Co!Lab Membership
4.1 Details of the cost and benefits of Studio Co!Lab Membership are as set out on Our Website. You may subscribe to Studio Co!Lab Membership Services at any time.
4.2 You do not have to take any action for this to apply. By accepting these terms and conditions, you do instruct us to provide the Studio Co!Lab Membership Services. You know that by doing so, you may not be entitled to a refund.
4.3 You may not transfer your Studio Co!Lab Membership to any other person.
5. Prices
5.1 The price payable for Services that you order is clearly set out on Our Website.
5.2 Prices are inclusive of any applicable goods and services tax or other sales tax.
5.3 You will pay all sums due to us under this agreement by the means specified without any set-off, deduction or counterclaim.
5.4 Membership fees will be deducted from your nominated account each month.
6. Renewal payments
6.1 At any time before expiry of your Studio Co!Lab paid membership period, you may use the Account tab on Our Website to access your personal information and cancel .
6.2 Each month, if you have not cancelled your membership, we shall automatically take payment from your credit card of the sum specified.
6.3 Subject to the last previous sub-paragraph, you may cancel Studio Co!Lab Membership at any time.
6.4 Other than the limitation set out above Studio Co!Lab Membership is non-refundable and non-transferable.
7. Security of your credit card
We take care to make Our Website safe for you to use.
7.1 Card payments are not processed on a page controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
8. Restrictions on what you may Post to Our Website
8.1 We may, at our discretion, read, assess, review or moderate any Content Posted on Our Website. If we do, we need not to notify you or give you a reason.
8.2 You agree that you will not use or allow anyone else to use Our Website to Post a Content which is or may be:
8.2.1 obscene, offensive, threatening or violent.
8.2.2 sexually explicit or pornographic.
8.2.3 giving the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business.
8.2.4 sending age-inappropriate communications or Content to anyone under the age of 18.
9. Your Posting: restricted
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with the Orana Arts editorial and publishing guidelines.
10. How we handle your Content
10.1 Our privacy policy complies fully with current privacy law [link to privacy policy].
10.2 If you Post Content to any public area of Our Website, it becomes available in the public domains. We have no control over who sees it or what anyone does with it.
10.3 We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to publish any Content that you place on Our Website. You represent and warrant that you are authorised to grant all such rights.
10.4 We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of 3 years.
10.5 Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it, and we will not protect your rights for you.
10.6 You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
10.7 Please notify us of any security breach or unauthorised use of your account.
11. Removal of offensive Content
11.1 For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
11.2 We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
11.3 If you are offended by any Content, the following procedure applies:
11.3.1 your claim or complaint must be submitted to us in writing. It must be sent to us by post or email.
11.3.2 we shall remove the reported Content as soon as we are reasonably able.
11.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide.
11.3.4 we may reinstate the Content about which you have complained or not.
11.4 In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
12. Security of Our Website
If you violate Our Website, we may take legal action against you.
You now agree that you will not, and will not allow any other person to:
12.1 modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
12.2 link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser.
12.3 download any part of Our Website, without our express written consent.
12.4 collect or use any product listings, descriptions, or prices.
12.5 collect or use any information obtained from or about Our Website or the Content except as intended by this agreement.
12.6 aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services.
12.7 share with a third party any login credentials to Our Website.
12.8 Despite the above terms, we now grant a licence to you to:
12.8.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon you not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
12.8.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
13. Disclaimers
13.1 The law differs from one country to another. This paragraph applies so far as the applicable law allows.
13.2 All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warranty or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
13.3 The Orana Arts Website and Studio Co!Lab Membership Services are provided “as is”. We make no representation or warranty that the Services will be:
13.3.1 useful to you.
13.3.2 of satisfactory quality.
13.3.3 fit for a particular purpose.
13.3.4 available or accessible, without interruption, or without error.
13.4 Neither use of the Services nor the exercise of any right granted under this agreement will infringe any other intellectual property or other rights of any other person.
13.5 Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
13.6 We are not liable in any circumstances for special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.
13.7 We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website or receive directly from a third party as a result of an introduction via Our Website.
14. Duration and termination
14.1 This agreement shall operate for the period for which you have subscribed to Studio Co!Lab Membership Service.
14.2 You may terminate this agreement at any time, for any reason, with immediate effect. You may terminate the agreement either by sending notice to us by post or email, or by completing the form on Our Website and submitting it. We reserve the right to check the validity of any request to terminate membership.
14.3 We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by post or email.
14.4 Termination by either party shall have the following effects:
14.4.1 your right to use the Services immediately ceases.
14.4.2 we are under no obligation to forward any unread or unsent messages to you or any third party.
14.5 In the event of such termination by us, we will within seven days refund to you the balance of your subscription outstanding for any Service, pro rata with time not elapsed.
14.6 There shall be no re-imbursement or credit if the Service is terminated due to your breach of the terms of this agreement.
14.7 We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.
15. Storage of data
15.1 We assume no responsibility for the deletion or failure to store or deliver email or other messages.
15.2 We may, from time to time, set a limit on the number of messages you may send, store, or receive through the Service. We may delete messages in excess of that limit. We shall give you notice of any change to your limit, except in an emergency.
15.3 You accept that we cannot be liable to you for any such deletion or failure to deliver to you.
16. Interruption to Services
16.1 If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you.
16.2 You acknowledge that the Services may also be interrupted for many reasons beyond our control.
16.3 You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.
17. Limitation of liability
17.1 Our total liability to you, for any one event or series of related events, and whether in contract, tort, negligence, breach of statutory duty or otherwise, shall be five times the total fees payable by you in the 12 months before the event(s) complained of or the sum of $1,000 whichever is higher.
17.2 Neither party shall be liable to the other in any possible way, for any loss or expense which is:
17.2.1 indirect or consequential loss; or
17.2.2 economic loss or other loss of turnover, profits, business or goodwill.
17.3 This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
18. Indemnity
You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:
18.1 any act, neglect or default of yours in connection with this agreement or your use of the Services.
18.2 your breach of this agreement.
18.3 your failure to comply with any law.
18.4 a contractual claim arising from your use of the Services.
19. Miscellaneous matters
19.1 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
19.2 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
19.3 If you are in breach of any term of this agreement, we may:
19.3.1 publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
19.3.2 terminate your account and refuse access to Our Website.
19.3.3 remove or edit Content or cancel any order at our discretion.
19.3.4 issue a claim in any court.
19.4 Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
19.5 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
19.6 Any communication to be served on either of the parties by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
19.7 In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
19.8 So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
19.9 Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control, including any labour dispute between a party and its employees.
19.10 The validity, construction and performance of this agreement shall be governed by the laws of the State of New South Wales and you agree that any dispute arising from it shall be litigated only in that State.