Online course Terms & Conditions
PURCHASE TERMS AND CONDITIONS
Thank You for choosing to shop with The Magic Art of Homeschool. I am excited to work with you. Just know, that when you click “accept” You agree to these Terms and Conditions.
These Terms and Conditions (Terms) are a legally binding contract between you and The Magic Art of Homeschool, so I do encourage you to read them.
1. Purchase Services
1.1. The Website, www.themagicartofhomeschool.com, is operated by The Magic Art of Homeschool Pty Ltd (ABN: 43 220 607 735).
1.2. Access to and use of the Website, or any of its associated products or services is provided by The Magic Art of Homeschool.
1.3. The Website provides you with an opportunity to browse and purchase participation in various online courses that have been listed for sale through the Website (the ‘Courses’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).
1.4. You have agreed to purchase a Course through the Website (‘Course’).
1.5. These Terms and Conditions (‘Terms’) are to be read in conjunction with the payment page (‘Payment Page’) and Workshop information page (‘Information Page’) of the Website.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by The Magic Art of Homeschool in the user interface.
3. Personal Information
3.1. When purchasing the Workshop, you will be required to provide personal information such as your full name, password and e-mail address.
3.2. You agree that all details that you have provided in completing the purchase are true and correct.
3.3. Your personal information is kept in accordance with The Magic Art of Homeschool Privacy Policy (‘Privacy Policy’) which is available on the Website.
4. Purchase of Courses
4.1. In using the Purchase Services to purchase the Workshops through the Website, you agree to the payment of the purchase price listed on the Information Page (the ‘Purchase Price’).
4.2. Payment of the Purchase Price may be made with debit card and credit card through the payment providers (the ‘Payment Gateway Providers’).
4.3. You warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
4.4. Following payment of the Purchase Price being confirmed by The Magic Art of Homeschool, you will be issued with a receipt to confirm that the payment has been received and The Magic Art of Homeschool may record your purchase details for future use.
4.5. You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.
4.6. In the event that any payment under these Terms is not made in full on the due date, The Magic Art of Homeschool is entitled to charge you interest at the rate of 5% per annum, calculated daily.
4.7. You agree that if you default on any payments due and payable under these Terms, any costs incurred by The Magic Art of Homeschool for steps taken to enforce payment terms will be recoverable and payable by you.
4.8. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, where applicable, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
5. Delivery of Workshop and License Information
5.1. Each Workshop purchase grants to you access to the Workshop through the Website.
5.2. When you purchase a Workshop through the Website, The Magic Art of Homeschool grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Workshop and any related software, content, equipment or other materials for your specific, non-commercial use only (the ‘License’).
5.3. The License is valid for the lifetime of the course, which is at the discretion of The Magic Art of Homeschool. This means the Workshop will be viewable via the download link for as long as the Course remains for sale (‘License Term’). If The Magic Art of Homeschool removes this course from sale you will be notified and no longer able to access the course.
5.4. The Workshops are intended for use in a single household within the License Term only. Sharing of your License is prohibited. This includes the sharing of any supplemental Workshop materials, digital resources, and access to any other aspect of the Workshop.
6. Refunds
6.1. The Workshops are non-refundable.
6.2. The Magic Art of Homeschool will only provide you with a refund of the Purchase Price in the event that The Magic Art of Homeschool is unable to continue to provide the Services (the ‘Refund’).
6.3. In the event that any payment under the Terms is not made in full on the due date, The Magic Art of Homeschool is entitled to charge you interest at the rate of 5% per annum, calculated daily.
6.4. You agree that if you default on any payments due and payable under the Terms, any costs incurred by The Magic Art of Homeschool for steps taken to enforce payment terms will be recoverable and payable by you.
7. Liability and waivers
7.1. Liability
The Magic Art of Homeschool’s total liability arising out of or in connection with the Services or these Terms however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
7.2. Waivers
(a) A waiver of any right, power or remedy under these Terms must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
(b) The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms does not amount to a waiver.
8. Warranty Period for the Workshops
8.1. The Magic Art of Homeschool will use its best efforts and take all reasonable steps to help you achieve the desired results. However, The Magic Art of Homeschool makes no warranty that the Workshops will meet your requirements or that all clients will achieve the same results.
8.2. The Workshops come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Workshops, you are entitled to cancel your contract with The Magic Art of Homeschool and are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.
9. Copyright and Intellectual Property Rights
9.1. Intellectual Property Rights
(a) You agree that any works, documentation, materials, Workshop content, creative works or information of whatever nature produced or developed by The Magic Art of Homeschool or under The Magic Art of Homeschool’s direction pursuant to or in the course of providing the Workshop will remain the sole and complete property of The Magic Art of Homeschool, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).
(b) There is no assignment of Intellectual Property Rights by The Magic Art of Homeschool to you pursuant to these Terms.
(c) Nothing in these Terms affects the Moral Rights in any works, items, materials or information supplied pursuant to these Terms.
9.2. Indemnification
If you breach the copyright of The Magic Art of Homeschool, You agree to indemnify The Magic Art of Homeschool. That means you will pay for any losses suffered by The Magic Art of Homeschool (including reasonable lawyer’s fees) that arise from your breach of copyright in the works, items, materials or information supplied as part of the Services.
10. Disclaimer
You are solely responsible for creating and implementing your own business, career, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Workshops and interactions with The Magic Art of Homeschool. As such, you agree that The Magic Art of Homeschool is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Workshops provided by The Magic Art of Homeschool.
11. Information Disclaimer
11.1. Any information, advice, content or documentation provided through the Workshop, including in the associated blog, podcast, on the Website or on any other related platform do not constitute psychological, career, professional, financial, business or other advice, and are provided for general information and guidance purposes only.
11.2. All care is taken in the preparation of the information and published materials in the associated blog, podcast, on the Website or on any other related platform. The Magic Art of Homeschool does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
11.3. To the extent permissible by law, The Magic Art of Homeschool will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation in the associated blog, podcast, on the Website or on any other related platform.
12. Mailing List Registration
12.1. Upon registering for the Workshops, You are agreeing to receive promotional material, updates and other content from The Magic Art of Homeschool, and You will be registered for The Magic Art of Homeschool Mailing List (the ‘Mailing List’).
12.2. You may unsubscribe from the Mailing List at any time by selecting the unsubscribe option in The Magic Art of Homeschool’s communications.
13. Governing Law & Jurisdiction
These Terms are governed by the laws of Victoria, Australia. In the event of any dispute arising out of or in relation to the Purchase Services or the Workshops, The Magic Art of Homeschool agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in Victoria, Australia.
14. Severance
If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
15. Marketing
You agree that any testimonials that may be provided by you from time to time may be used by The Magic Art of Homeschool for marketing purposes.
16. Entire Agreement and Modifications
Both you and The Magic Art of Homeschool confirm and acknowledge that these Terms, Information Page, Payment Page and Website Terms and Condition of the Website constitute the entire agreement between you and The Magic Art of Homeschool and shall supersede and override all previous communications, either oral or written, between the parties.