Terms And Conditions
#1 of 2. TERMS AND CONDITIONS
If you purchase products, goods or services through this Website, there may be additional terms and conditions relating to the purchase. Please make sure you read carefully and agree with these terms and conditions, which you will be directed to read prior to making your purchase.
These Terms and Conditions apply to all users of the Website. The Website may contain links to third party websites that are not owned or controlled by Don Milner. Don Milner has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. By using the Website, you specifically release us from any and all liability arising from your use of any third-party website.
THIRD PARTY SITES
Our website may contain links to websites operated by third parties that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked website, its contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
LINKS TO EXTERNAL WEBSITES
You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.
USE OF WEBSITE
You must not use Our Website in any way that causes, or may cause, damage to Our Website or impairment of the availability or accessibility of Our Website or impairment of the availability or accessibility to Good and Services on offer; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
INFORMATION AND CONTENT ACCURACY
While we use reasonable attempts and care to ensure the accuracy and completeness of content, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on or within this Website or on any linked site. We make no representation or warranty in relation to it, to the maximum extent permitted by law. The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice.
By using this Website, you are agreeing to all these terms and conditions. The Website is made available for your use on your acceptance and compliance with these terms and conditions.
You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services offered.
You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.
We reserve the right to refuse or terminate service to anyone at any time without notice or reason. If you contribute or make any public comments on this Website which are, in our opinion, abusive, defamatory, harassing, fraudulent, unlawful or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our sole discretion, refuse to publish such comments and remove them from the Website.
LIMITATION OF LIABILITY
We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our Services and Goods are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services and Goods.
HOW TO CONTACT US
THE INFORMATION WE COLLECT
This policy applies to all information collected or submitted through our website. We offer a number of services that do not require you to register for an account or provide any personal information to us, such as browsing the galleries, art, prints and other information. In order to provide our full range of services, you might need to register and we may collect the following types of information:
INFORMATION THAT YOU PROVIDE: Such as your name, email address and an account password for certain services, such as purchasing, we also request credit card or other payment account information, which we maintain in secure form. We may combine the information that you submit under your account with information gathered, in order to provide you with a better experience and to improve the quality of our services.
LOG INFORMATION: When you access our website, our servers automatically record information that your browser sends to us. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
USER COMMUNICATIONS: When you send emails or other communications to our website, we may retain those communications in order to process your enquiries, respond to your requests and improve our services.
HOW WE USE THE INFORMATION
PROVIDING OUR SERVICES;
Auditing, research and analysis in order to maintain, protect and improve our services; Ensuring the technical functioning of our services; Protecting the rights or property of our users and our website; and Developing new services.
If we use your information in a manner different than the purpose for which it was collected and specified above, then we will ask for your consent prior to such use. We never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
When you send us an email, we use return email addresses to answer the email we receive. Such addresses are not shared with outside parties.
We may share with individuals and third parties certain pieces of aggregated, non-personal information, such as the number of users on the site, or how many users have viewed a profile or clicked on a particular piece of artwork. Such information will never identify you individually.
We might also share personal information with third parties outside of our website to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of our website, its users or the public, as required or permitted by law.
We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order or when we have your specific consent to do so.
We use non-identifying and aggregate information to better design our website and the services we provide. For example, we may tell an advertiser the number of individuals visited a certain area on our website, or the number of men and number of women that filled out our registration form, but we would not disclose anything that could be used to identify those individuals.
Terms described in Definitions such as or similar to "Don Milner", “Don Milner Artist”, “Artist”, "we", "us", “our”, “the website”, “our website” means Don Milner and Don Milner Logo/Web Page/Illustration/Design, registered in Queensland, Australia, ABN: 77 053 486 625 whose registered office is at Buderim, Queensland, Australia. May include any subsidiaries, affiliates, employees, officers, agents or assigns for Don Milner and Don Milner Logo/Web Page/Illustration/Design.
"Seller" means the seller of any Goods or Services from this website
"Buyer" means the person or their agent whose name is printed on the Purchase Documentation or Order
"Purchaser" means the person who buys any Good or Services from this website and whose name is printed on the Purchase Documentation or Order
“Customer” means the person who buys any Good or Services from this website and whose name is printed on the Purchase Documentation or Order
"Contract" means the order and Order Confirmation (incorporating any Special Conditions)
"Content" means the topics or matter treated, depicted or described in the text or words, or the principal substance (such as written matter, illustrations, images, photographs, depiction or images of art or art prints)
"Defective" means containing a fault or defect
"Goods" means the Goods or Services which the Seller is to sell in accordance with these Terms and Conditions
"Order" means the Buyer's Order for Goods and/or Services
"Price" means the price together with postage and packing in force at the date and time of the Order
"Receipt" means the date when the Order has been collected by or delivered to the buyer
"Special Conditions" any conditions in relation to orders set out and designated as such in the Order Confirmation
“Services” means purchasing, viewing content and/or services on this website.
“Event” means workshop, class or event organised or conducted by Don Milner or his organiser or agent delivered in-studio or online.
“Class” means class or art class organised or conducted by Don Milner or his organiser or agent delivered in-studio or online
“Workshop” means workshop or art workshop organised or conducted by Don Milner or his organiser or agent delivered in-studio or online
“This Website” means the website www. donmilnerartist.com.au
PRICING AND PRODUCT AVAILABILITY
Prices are subject to change at any time without notice.
Products, Goods or Services may be added to, cancelled or deleted at any time without notice.
Promotional and Promo codes must be used before their expiry date to be accepted.
All prices are in Australian Dollars (AUD) and accept payments through PayPal and Stripe.
Unless the Customer has inspected the Goods and given written notice to us within (2) two days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions or have been damaged during shipment or transit, the Goods are deemed to have been accepted in good order and condition. Please check the packaging of all Goods delivered by the courier before signing for them for signs of tamper and damage.
On discovery of any defect or damage to the Goods, the Customer must immediately notify us in writing describing issue and the defect or damage. Therefore, if you receive an item that is damaged or faulty and this was not in the product description, we will happily replace or refund your item.
We do not provide refunds unless the Goods have been exclusively damaged during transit or shipment. However, any damage that may have been caused by the buyer, purchaser, customer or agent after collection or delivery, accidentally or otherwise will not be reason for refund or replacement and shall be determined by us at our sole discretion.
We are not subject to, and the Customer releases us from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods or Services when being used in a manner to which they were not intended.
Please choose carefully as no refund will be given for change of mind.
If, in the unlikely event that your order is incorrect and does not comply with the relevant specifications or descriptions of what you purchased, we will happily send you the correct item. We will reimburse you for any cost incurred returning the incorrect item to us.
We will process approved refunds back into the account or gift card you used to purchase your items. This refund takes up to 5 business days for us to process. Your financial institutions may take up to 5 business days to process. This means it may take up to 20 business days for refund to appear in your account.
SHIPPING RATES AND DELIVERY TIMES
1. Items will be shipped out 1-10 business days after purchase has been made, unless stated on Our website.
2. We are not responsible for any Custom fees that your country may request in order to release the goods.
3. We use Australia Post and select couriers for all shipments and these parcels are not tracked.
4. Shipping costs (If applicable) can be found at time of purchase on the Delivery Page
DISCONTINUANCE: INDEMNIFICATION FOR LOSS OR DAMAGE
We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any and all Liability or expenses suffered or incurred by us arising from or in connection with your use of our Site or the Services, Information or Goods offered on this Website or any breach of these Terms or any applicable laws by you including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitor’s fees of every kind and nature incurred by you or any third parties through you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and the Content and any inaccessibility of, interruption to or outage of our Site and any loss or corruption of data and the fact that the Content is incorrect, incomplete or out-of-date.
These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
WARRANTIES AND DISCLAIMERS
To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:
(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(b) access will be uninterrupted, error-free or free from viruses; or
(c) our Site will be secure.
You read, use and act on our Site and the Content at your own risk.
This entire website content is under automatic copyright to the artist - Don Milner. Apart from fair dealing for the purposes of private study, research or review, as permitted under the Copyright Act, no part of this image may be reproduced by any process without written permission of the artist - Don Milner. Enquiries should be addressed to the artist - Don Milner or the artist's representatives.
All content as described following are under automatic copyright to the artist.
INTELLECTUAL PROPERTY AND COPYRIGHTS
We hold the copyright to the entire content of this Website. This entire website content is under automatic copyright to the artist. Apart from fair dealing for the purposes of private study, research or review, as permitted under the Copyright Act 1968 as amended from time to time in which viewing, downloading of one copy for personal use, downloading of one copy to use in connection with teaching. Otherwise, no image or part of any image may be reproduced, shared or stored by any process, without written permission of the artist. Enquiries should be addressed to the artist's representatives - please see 'Contacts' page for details. Content as follows but not exclusively shall include all uploaded files, layout design, images, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. Specifically, you must not use or replicate our copyright material for any commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence Agreement.
If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address:
LOGOS AND TRADEMARKS
All the logos and trademarks contained on this Website are logos and trademarks of Don Milner Logo/Web Page/Illustration/Design. Use of these trademarks is strictly prohibited except with Our express, written consent.
These terms and conditions are governed by and construed in accordance with the laws of Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in Australia.
We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.
#2 of 2. TERMS AND CONDITIONS FOR CLASSES, WORKSHOPS OR EVENTS – IN-STUDIO OR ONLINE
Please read carefully before completing your enrolment and payment.
Don Milner or the organiser or agent may from time to time organise or conduct art workshops, art classes and other similar or associated events. Please read and agree to these Terms and Conditions that apply to all events hosted by Don Milner or the organiser or agent. By using our website and making a purchase you agree to abide by these Terms and Conditions.
All prices are in Australian dollars and include GST.
You will be issued with a receipt of purchase once your transaction is processed and approved, which acts as your proof of purchase and entry to the nominated event.
By making a purchase, you warrant that you have the authority to use the credit card, or the express permission of the authorised card holder, to make the purchase.
The purchaser must be aged 18+
By purchasing from this website, you agree to comply with the Terms and Conditions outlined here on this website.
When you purchase your place or attend one of our events, you agree that you are responsible for your own safety and property, and that you release Don Milner and his officers, directors, employees, suppliers, organisers and agents from any liability for any loss, damage or injury you may suffer as a result of attending any event hosted by Don Milner or his organiser or agent, to the extent permitted by law.
Don Milner or his organiser or agent offer a shared space and we expect students to respect fellow artists, artwork and property. Discrimination on the grounds of a person’s age, race, sex, gender, sexuality, marital status, physical or intellectual disability, or religion will not be tolerated. Students deemed to be exhibiting inappropriate or disruptive behaviour may be removed, suspended or expelled from the workshop, class or event and excluded from future events.
It should also be noted that cleaning of your class art space and common areas is a shared responsibility.
Out of respect for other students and tutors, students are required to be punctual for workshop, class and event arriving within the prescribed times.
ATTENDANCE TO EVENTS
You must present your receipt of purchase at the commencement of a workshop, class or event as proof of your reserved place and right to attend.
The venue allocated for your particular workshop is at the discretion of the Don Milner or his organiser or agent.
You agree to abide by any instructions or directions issued either written or verbally by Don Milner or his organiser or tutor or agents for the duration of the event, including but not limited to, parking, use of amenities, lunch breaks, cleaning and site hygiene guidelines.
In the event that a workshop has to be cancelled, for any reason, Don Milner or his organiser or agent will give you as much notice as possible, and offer you a full refund or credit for a future, similar or alternative event.
In the event a workshop is cancelled and Don Milner or his organiser or agent is able to offer a suitable alternative, you will have the option of a full refund if you do not wish to attend the alternative event or another workshop offered.
You must not broadcast or record the workshop or any other parts or handouts or inclusions from the workshops, classes or events without the express written consent of Don Milner or his organiser or agent, except for non-commercial social media purposes.
You must not photograph, record, publish or share the proprietorial content, notes or handouts of your workshop without the express permission of Don Milner or his organiser or agent or the workshop tutor, except for your own personal use.
You understand that from time-to-time Don Milner or his organiser or agent will take photographs and videos during the event that we reserve the right to use on our promotional purposes such as press advertising, brochures, website and editorials, our social media, and in our marketing materials. These photos will never be sold and will be used exclusively by and for Don Milner or his organiser or agent. As a Condition of Enrolment your consent is implied. Should you not wish for us to take and use photos/images of you or your artwork, please notify us in writing.
You agree to behave in an appropriate manner towards Don Milner or his organiser or agent and also fellow participants at all times, including not using offensive language or actions, and not threatening public safety or the reasonable enjoyment of other participants, and not initiate or action anything that can be construed or deemed as threatening in any way toward Don Milner or his organiser or agent. Inclusion or continuation at any current or participation at any future workshop, class or event is at the discretion of Don Milner, his organiser or agent.
You must comply with any COVID-Safe directions that are laid out by current Government health directives, Don Milner or his organiser or agent, including on signage and written instructions to tutors and participants.
Don Milner or his organiser or agent reserves the right to refuse entry or remove any person who is in breach of these rules, without refund.
REFUNDS & TRANSFERS
Please consider your booking carefully before purchasing as we do not refund once payment has been processed. Transfers and credits may be considered for booking cancellations 14 days prior to event commencement. In the case of extenuates circumstances where the participant can demonstrate with clearly documented reasoning that they may not be able to attend, we may consider a partial refund of 75% of the original booking fee.
Don Milner or his organiser or agent agrees to implement the relevant COVID-Safe plan as specified by current Government health directive at the time of any event.
`YOU MUST NOT ATTEND ANY EVENT IF YOU ARE FEELING UNWELL’ or showing any symptoms of COVID-19, or have been directed to self-isolate.
You may be entitled to a refund if you test positive for COVID-19 within 48 hours of your ticketed event and you can provide reasonable evidence. Please contact us before the event commences, as we will not provide a refund after the event has started.
OCCUPATIONAL HEALTH & SAFETY
If you have an existing medical condition, allergy or disability that may affect your participation in a class, you should notify Don Milner or his organiser or agent at the time of enrolment through email or in person.
Don Milner or his organiser or agent reserves the right to change or amend these Terms and Conditions when required.
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