TERMS AND CONDITIONS

Deni Rayneau Art

These Terms and Conditions (Terms) set out the agreement (this ‘Agreement‘) under the terms of which The Trustee for TRIBE ADVERTISING & DESIGN TRUST trading as Deni Rayneau Art ABN 32 866 569 985 provides the Online Course to you or any company which you represent (the ‘Student‘).

Deni Rayneau Art (DRA) is an online course provider based in Australia, offering their online courses to a national and global audience.

1: DISCLAIMER

You acknowledge and agree that:

Whilst DRA strives to ensure that all information and content on our website, in our courses, and in course materials are accurate and up-to-date, we do not guarantee the accuracy, reliability, or currency of the materials or information we provide.

DRA gives no warranty, makes no representation, and assumes no liability, whether direct or indirect, for the accuracy, completeness, or usefulness of any information, content, courses, or course materials provided by us.

The courses, course materials, and information provided by DRA are not intended to constitute professional education. DRA accepts no responsibility and makes no representations, whether expressed or implied, regarding the accuracy or reliability of any course material, course, or information provided by us.

Except as required by law, we do not accept responsibility for the consequences of, or any reliance that any person may place on, any course material, course, or information supplied by DRA.

DRA will not be liable for any loss or damage (including direct, consequential, or economic loss or damage) resulting directly or indirectly from the use of course materials, information, or courses provided by DRA.

2: ACKNOWLEDGEMENT RELEASE AND WAIVER

By participating in any course offered by DRA, you acknowledge and agree to the terms of the disclaimer set out above. You also acknowledge that any course offered by DRA will not lead to formal accreditation, certification, or qualification and may not be recognised as prior learning for any other accreditation, certification, or qualification.

You waive any right to make any claim against DRA or any of its directors, officeholders, employees, or contractors regarding any information, course, or course materials provided to you or upon which you may have relied.

You agree not to commence any proceedings or take any action to enforce or maintain any claim against DRA or any of its directors, officeholders, employees, and contractors.

You agree to indemnify DRA and each of its directors, officeholders, employees, and contractors against any liability, loss, or costs arising from any breach by you of this agreement.

"Claim" means any claim, action, proceeding, or entitlement, whether past, present, or future, whether known or unknown, which you or any other person has or might have under or arising out of or in any way connected to a contract or other arrangement with us.

"Us/we/our" refers to The Trustee for TRIBE ADVERTISING & DESIGN TRUST trading as Deni Rayneau Art ABN 32 866 569 985.

Users of this website are directed to the Privacy Policy information.

3: ENROLMENT AGREEMENT

As an DRA student, you:

Acknowledge and confirm your acceptance of DRA’s “Terms and Conditions.”
Agree to abide by and adhere to DRA’s “Terms and Conditions” at all times.

Understand the responsibilities associated with course fees and payment plan requirements.

4: COURSE MATERIALS AND RESOURCES

Courses are provided in an online learning environment and are not downloadable. The content in the online course materials, including copyright and all other intellectual property contained therein, remains the property of DRA. Course materials and assessments are subject to change.

Course materials are provided online via a Learning Management System (LMS) 24/7. Course materials include online resources such as interactive and written learning content, videos, quizzes, and assessments. The LMS may occasionally be unavailable during scheduled maintenance.

4.1 ACCESS AND ACCOUNTS

(a) In consideration for the payment of the fees set out in a Student Form (Fees), DRA will provide the Student with access to the online course via the Student Access Portal (Course Dashboard: Portal).

(b) The Online Course (Online Course) is provided to you via live and/or pre-recorded videos (Videos) and associated course information and materials (Materials).

(c) The Online Course (including pre-recorded Videos and Materials) is delivered using a third party platform being New Zenler (a Portal).

(d) To access the Online Course you must create an account with us, the Portal and any other third parties we use to deliver the Online Courses (collectively Accounts).

(e) When creating an Account with us, you will need to provide personal information and details including your name, email address, a password, contact details and billing information. You warrant that all such information will be accurate, honest, correct and you will keep this information up-to-date.

(f) After you have created an Account with us, we will create an Account on the Portal for you. We will provide to you the login details for the Account and a unique link to access the Online Course.

(g) For any Accounts created with third parties, you will also need to agree to that third party’s terms and conditions. We use a third party provider to deliver the Online Course, New Zenler.

(h) You are responsible for managing your Accounts and ensuring that only you access and engage with the Online Course and you do so in an appropriate manner.

4.2 TERM

(a) Each Online Course runs for a specified period of time (Term). The Term for each Online Course will be set out on the Website and/or Portal.

(b) Once we have received payment of the Fees, or (if applicable) payment of the first instalment, you will be granted access to the Online Course through the Portal.

(c) Regardless of the Term of the Online Course, you will be provided with access to the Portal (including Videos and Materials) for a limited time period specified in the enrolment email from the Course Start Date.

(d) Any given course study hours are estimates only.

4.3 MATERIALS AND VIDEOS

(a) All Materials and Videos are owned or licenced by DRA.

(b) You are granted a non-exclusive, non-transferrable, revocable licence to use the Materials and Videos for the Term of the Online Course.

(c) Your licence to use the Materials and Videos is limited to your own personal use and for completing the Online Course. You must not reproduce, transmit, adapt, distribute, sell, modify or publish the Materials and Videos or use it for any other reason.

(d) We will only revoke your licence and terminate your Account with us and the Portal if we suspect, for any reason, in our sole discretion, that you are misusing the licence, for example by distributing the Online Course to other people or giving access to your Account to other people, you are making commercial use of or infringing our Intellectual Property Rights in the Online Courses, or if you do not comply with these terms. In the event your licence is revoked, and your Account with us or the Portal is terminated, you will not be entitled to a refund of the Fees.

5: LIVE CALL SESSIONS

5.1 LIVE CALLS

(a) The Online Course may also be delivered through and include group video and/or audio sessions with us and other users (Live Calls).

(b) You are entitled to a limited number of Live Calls with us during the Term, which we will communicate to you.

(c) Live Calls, dates and times for the session and instructions for attending the session will be set out on the Portal. You must use the relevant video or audio conferencing software to attend any live Live Calls.

(d) We may reschedule a session at any time for any reason. Rescheduled dates and times will be set out on the Portal and/or to be notified to you via email or other appropriate method.

(e) We will use our best efforts to ensure all Live Calls are recorded and made available on the Portal after the Live Calls however due to technical issues, we cannot guarantee that all Live Calls will be recorded without issue and made available on the Portal.

4.2 YOUR OBLIGATIONS

(a) (Timing) It is your responsibility to ensure you attend Live Calls at the agreed time. The session will end at the scheduled time, regardless of whether or not you attend on time.

(b) (Third Party Platform) Live Calls may occur via a third party application (Third Party Platform), which we will notify you of through the Website and/or Portal. We recommend downloading the Third Party Platform prior to the session’s scheduled start time. By participating in any Live Calls you agree to the Third Party Platform’s terms and conditions.

(c) (Third Party Platform Issues) Any technical or other issues with the Third Party Platform should be directed to the Third Party Platform to troubleshoot the issue. We will not be liable for any loss or damage suffered as a result of or in connection with issues experienced on the Third Party Platform.

(d) (No Recording Sessions) You must not make any audio or video recording of any part of any Live Calls, unless otherwise agreed by us in writing.

4.3 RECORDING OF LIVE CALLS

(a) You acknowledge and agree that Live Calls may be recorded (by audio and/or video) and/or transcribed for our internal use (Recordings & Transcriptions).

(b) We may use Recordings & Transcriptions for any internal purpose as we see fit, without notice to you.

6: ASSESSMENT AND QUIZZES

Assessments are included in courses that are deemed appropriate. Quizzes are occasionally included in courses.

7: COURSE COMMENCEMENT, CHANGES AND UPDATES

Unless otherwise agreed, your course commencement date will be the date of issuance of a username and password for online course access.

DRA is dedicated to providing students with the most current and relevant information. Therefore, we may periodically update, change, or amend our courses to ensure they remain up-to-date and aligned with our practises.

8: STUDENT OBLIGATIONS AND CONDUCT

Students studying with DRA MUST adhere to the following:

- Provide correct and up-to-date information and details

- Participate responsibly and ethically with all students, educators, and support staff

- Be respectful at all times

- Use the LMS according to study requirements

- Contact student support services for assistance as required

- Reach out to mentors for assistance when needed

- Participate in online study forums if able

- Respect administrative processing times where applicable

Students MUST NOT:

- Post false or misleading comments on the LMS

- Provide false or misleading information to student support, educators, and support
staff

- Be defamatory to other students, mentors, and staff

- Post false or misleading comments on social media, including but not limited to - Facebook, Instagram, TikTok and YouTube

- Use abusive language, either verbally or in writing, towards students, mentors, and staff

- Claim credit for another person’s work

Student Conduct

Respectful and professional conduct toward our support staff and educators is essential. We are committed to addressing and resolving any issues you may encounter; however, any form of abuse toward our team members will not be tolerated. In cases of abusive behaviour, we reserve the right to cancel your course enrolment and remove you from the learning platform.

9: COURSE EXPIRY AND ACCESS

You will have access to your online course provided:

- The course remains active on our website

- The course is owned by DRA

- The course is not currently being reviewed or improved

- You have paid your account in full using one of our Purchase Plan payment options.

10: FEES AND CHARGES

By enrolling in the Online Course, you agree to pay the course fees (plus applicable surcharges) using the payment method you selected under the course Purchase Plan. You are required to pay the total amount of the course fees even if you do not complete your course.

Student fees will include the necessary e-learning resources, such as online interactive resources, online PDFs, or workbooks, depending on the course of study chosen.

11: VOUCHERS AND COUPONS

All credit vouchers/discount coupons have the following conditions of use:

- Not eligible for any cash redemption

- Valid until the the end of enrolment for the course stated

- One voucher/coupon is valid for the Student's use for the associated course

12: PAYMENT

(a) (Fees) The Student must pay to DRA fees in the amounts and at the times set out in the Purchase Plan or as otherwise agreed in writing (Fees).

(b) (Payment method) The Student must pay Fees using the fee payment method specified in the Purchase Plan.

(c) (GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice to you.

(d) (Card surcharges) We reserve the right to charge credit card surcharges in the event that payment of the Fees are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

(e) (Online payment partner) We may use third-party payment providers such as Stripe or PayPal (Payment Provider) to collect payments for the Course. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider accessible Privacy Policy and, to the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

(f) (Pricing errors) In the event that we discover an error or inaccuracy in the Fees for your Online Course, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of enrolling in the Online Course at the correct Fees or cancelling your Online Course. If you choose to cancel your Online Course and the Fees have already been debited, the full amount will be credited back to your original method of payment.

13: COURSE WITHDRAWAL AND REFUNDS

13.1 REFUND ELIGIBILITY

If DRA cancels your Online Course prior to the course commencement, you are entitled to a full refund.

Any additional fees the student may have incurred through late or failed payments via our payment plan providers Stripe and PayPal must still be paid in full.

13.2 REQUESTING WITHDRAWAL

To withdraw from a course, you must submit a formal request via email detailing your reasons for withdrawal. It is up to DRA’s discretion whether the grounds for requesting to withdraw constitute a refund to the student.

Refunds are not offered due to the significant intellectual property and goodwill associated with our courses.

If you have further questions, contact us via email at hello@deniraymeau.com

14: COLLECTION NOTICE AND PRIVACY

(a) We may collect personal information about you in the course of providing you with our Online Course, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

(b) Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

15: INTELLECTUAL PROPERTY

15.1 OUR IP

Intellectual Property Rights in the Online Course and our Services and any other related information or materials (materials) are owned or licensed by us. Except as permitted under applicable laws, no part of the material can be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purposes without our express written consent.

You will not under these terms acquire Intellectual Property Rights in any of Our IP.

15.2 DEFINITIONS

For the purposes of this clause 15:

(a) “Our IP” means all materials owned or licensed by us and any Intellectual Property Rights attaching to those materials.

(b) “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.

16: PUBLISHING PHOTOS ONLINE OR ON SOCIAL MEDIA

Subject to your agreement of non-disparagement of us and the Online Course, you may publish general information about what you have learnt from the Online Course, online or on social media (or both), provided such information is general in nature and does not cover any of the actual content or information covered in the Online Course. We ask that you please provide accreditation to us by reference or hashtag if you make such a publication. We reserve the right to require you to remove any such publications or remove any accreditation to us.

17: DATA SECURITY

While we will use our best efforts to ensure that your information, data or other electronic materials (Data) that is being backed-up or stored as part of the Online Course will be stored securely, we will not be liable for any unauthorised use, destruction, loss, damage or alteration to the Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

18: THIRD PARTY SERVICES, CONTENT, TERMS AND WEBSITES

18.1 THIRD PARTY GOODS AND SERVICES

(a) To provide you with the Online Course, we may use goods or services provided by third parties (including third party platforms) who have their own terms and conditions and policies (Third Party Terms).

(b) Provided we have notified you or given you a copy of the Third Party Terms, you agree to the Third Party Terms that apply to your use of the Online Course.

(c) To the maximum extent permitted under applicable law and our agreements with any applicable third parties, we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms, including in relation to any fault or error of the Online Course.

(d) You have the right to reject any Third Party Terms but if you do, we cannot provide you with the Online Course and you will need to cancel in accordance with this agreement.

18.2 THIRD PARTY CONTENT

The Online Course may contain text, images, data and other content provided by a third party and displayed in the information provided through the Online Course (Third Party Content). We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

18.3 LINKS TO OTHER WEBSITES

(a) The Online Course may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.

(b) Inclusion of any linked website on the Online Course does not imply our approval or endorsement of the linked website.

19: SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Online Course. You should take your own precautions to ensure that the process that you employ for accessing the Online Course does not expose you to risk of viruses, malicious computer code or other forms of interference.

20: REPORTING MISUSE

If you become aware of misuse of the Online Course by any person, any errors in the material in the Online Course or any difficulty in accessing or using the Online Course, please contact us immediately using the contact details or form provided on our Website.

21: SERVICE LIMITATIONS

While we will use our best endeavours to ensure the Online Course is working for its intended purpose, you acknowledge and agree that from time to time, you may encounter the following issues:

(a) the Online Course may have errors or defects;

(b) the Online Course may not be accessible at times;

(d) information you receive or supply through the Online Course may not be secure or confidential; or

(e) any information provided through the Online Course may not be accurate or true.

22: WARRANTIES

(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

(b) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Student may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

23: LIABILITY

23.1 LIABILITY

(a) To the maximum extent permitted by law and subject to clause 15.1(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the value of the Fees paid for the Online Course.

(b) Clause 23.1(a) does not apply to your liability in respect of loss or damage sustained by us arising from your breach of:

(i) clause 4.3(c); or

(ii) clause 15.1.

23.2 CONSEQUENTIAL LOSS

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by us, except:

(a) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or

(b) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

24: DISPUTE RESOLUTION

(a) A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.

(b) A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.

(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

25: TERMINATION

25.1 AUTOMATIC TERMINATION

Your Account will terminate automatically after the end of the Course Term (whether you have accessed the Online Course or not).

25.2 EFFECT OF TERMINATION

Upon termination of this agreement:

(a) your access to the Online Course (including the Website, Portal and any other third parties we use for the Online Course) will be immediately revoked;

(b) if you terminate this agreement in accordance with clause 17.3 and you have already accessed the Online Course, then you must pay our pre-estimated genuine losses as a result of you terminating this agreement after already accessing the Online course.

(d) each party must comply with all obligations that are by their nature intended to survive the end of this agreement; and

(e) each party must stop using any materials that are no longer owned by, or licensed to, them when this agreement is terminated.

26: NOTICES

(a) A notice or other communication to a party under these terms must be:

(i) in writing and in English; and

(ii) delivered to the other party via email, to the email address most regularly used by the parties to correspond regarding the subject matter of these terms as at the date of these terms (Email Address). The parties may update their Email Address by notice to the other party.

(b) Unless the party sending the notice knows or reasonably ought to suspect that the email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

(ii) when replied to by the other party,

whichever is earlier.

27: GENERAL

27.1 GOVERNING LAW AND JURISDICTION

These terms is governed by the law applying in NSW, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of NSW, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

27.2 WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

27.3 SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

27.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

27.5 ASSIGNMENT

You cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party. We can assign the rights or novate these terms in whole or part without your consent, on notice which may be communicated electronically on the website or by email.

27.6 COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

27.7 ENTIRE AGREEMENT

These terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

27.8 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (gender) words indicating a gender includes the corresponding words of any other gender;

(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(f) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

(g) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(i) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(j) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

By enrolling in the course and accepting this offer, you agree to these Terms and Conditions.