Terms & Conditions

Effective date: 19th March 2022

These terms and conditions apply to Services provided by Katie Jobling, Online Painting Lessons, www.onlinepaintinglessons.com
You may contact me by email at [email protected].

These terms and conditions apply to the sale of any online course found at www.onlinepaintinglessons.com .  Please read these terms and conditions carefully before purchasing an Online Course.

For purchases via our website, by ticking the box at checkout you agree to the terms of this agreement which will bind you.  If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us. 

Content

All content (videos, worksheets, course written content, audio, and otherwise) is the sole property of Katie Jobling. Any content may not be shared with outside parties.  To do so will lead to removal from the course and possible further legal action. You may share your completed worksheets / exercises with a trusted advisor or partner, but distributing course content is grounds for legal action.  

Your account is your own and may not be shared with another person. 

Lifetime access includes unlimited access for the full lifetime of the course. If the course is to be retired, due notice shall be given and arrangements for the content to be downloaded or accessed will be arranged. 

Refunds

All course content has been designed to be completed chronologically. Completing the exercises are paramount to the success of the course. If you feel the course is not for you, you can email [email protected] to request a refund within 60 days. 

Please note: If you opted for a payment plan and you do not request a refund within 60 days and with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.

Terms of Use

1. Definitions

“Course Materials” means the information provided by Online Painting Lessons/Katie Jobling to accompany a course provided as part of the Services in hard copy or electronic form.

“Fees” means the fees paid by you to Online Painting Lessons/Katie Jobling for the Services.

“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.

“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.

“Services” means the provision of the Online Course and/or the Taught Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website. 

“Website” means www.onlinepaintinglessons.com, www.katiejobling.com

“you” means the individual purchasing the Services.

 

2. The Services

2.1. A description of the course is available on our Website.  We will provide the Services and course with reasonable care and skill in accordance with the description set out on the Website.

2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.

2.3 We expect you to confirm that the Services you are purchasing will meet your needs.  We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.

 

3. Ordering Services

Purchasing Services via the Website

3.1. In order to purchase any of the Services on-line you must register for an account with us via the Website.  If you already have an account with us you can log into your account using your user name and password.

3.2. When you place an order for a Service via the Website you are offering to purchase the Services on these terms and conditions. Online Painting Lessons/Katie Jobling reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.4 below.

3.4. A legally binding agreement between us and you shall come into existence when we have :
(a)    accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b)    received payment of the relevant Fees from you in accordance with clause 5 below. 

3.5. Where your order consists of multiple Online Courses or multiple Taught Courses , each individual course will be treated by us as a separate offer to purchase. 

 

4. Cancellation and Variation

4.1. Subject to clause 4.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.5 above, then you are permitted within 60 days starting on the day after the date we have concluded our agreement in accordance with clause 3.4, to cancel your purchase of the Services. 

4.2. If you have purchased an Online Course and have accessed, downloaded over 60% of the Online Course then you shall have no right to cancel your order.

4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of Online Painting Lessons. 

5. Fees

5.1. The Fees for the Services shall be as set out on the Website.

5.2. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of VAT or other local taxes. Each of these costs will be set out in the Website. 

5.3. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Online Painting Lessons shall not be responsible for these.

 

6. Liability

6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.

6.2. Although Online Painting Lessons aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.

6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services.  Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).

6.4. Subject to clause 6.5 below, Online Painting Lessons's total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course or Taught Course in relation to which a dispute has arisen.

6.5. Nothing in this Agreement shall exclude or limit Online Painting Lesson’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under English law may not be limited or excluded.

6.6. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.

7. Intellectual Property

7.1. All Intellectual Property Rights in the Course Materials, Online Courses, content and website are and remain, the intellectual property of Online Painting Lessons / Katie Jobling.

7.2. You are not authorised to:-

(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;

(ii) screenshare, screen record, record on video or audio tape, relay by videophone or other means the Online Course given

(iii) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;

(iv) remove any copyright or other notice of Online Painting Lessons / Katie Jobling on the Course Materials;

(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.

Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.

7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course.

8. Confidentiality

8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.

8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.

8.3. This clause shall continue notwithstanding termination of these terms and conditions.

9. Termination

9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:

fail to pay when due your Fees;

act in an aggressive, bullying, offensive, threatening or harassing manner towards any Instructor of Online Painting Lessons, or any student who attends the online course / online community;

cheat or plagiarise any work which you are required to prepare or submit in connection with the Services or during any examination taken in connection with the Services;

steal or act in fraudulent or deceitful manner towards us or any other students; are in breach of these terms and conditions.

9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.

10. Assignment

Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.

We shall be entitled to assign these terms and conditions to any other company without prior notice to you.

11. Entire Agreement

 These terms and conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us.  Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.

12. Force Majeure

Online Painting Lessons / Katie Jobling shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course or support caused by a death in the instructor’s family, illness of the instructor, Government edict or regulation.

13. Assignment

We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.

14. Data Protection

14.1 The nature of the Services provided by us means that we will obtain, use and disclose (together "Use") certain information about you ("Data"). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.

14.2 When you register with us you will need to provide certain Data such as your contact details. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.

14.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of Online Painting Lessons,

14.3 To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.

14.4. We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser's interaction with the Website.

14.5. Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.

14.6. Online Painting Lessons endeavour to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.

14.7. If you wish to change or update the data we hold about you, please e-mail [email protected]

15. Law and Jurisdiction

This Agreement is subject to English law and the parties submit to the exclusive jurisdiction of the English courts in connection with any dispute hereunder.

16. Notices

You can contact us by any of the following methods:

Email: [email protected]