Terms & Conditions

Last updated [21/03/2024]

Welcome to Studio A! These Terms and Conditions outline the rules and regulations for using our website (located at studioa.org.au). By accessing and using the Studio A website, you accept and agree to comply with these Terms and Conditions. If you do not agree with any part of these terms, you must not use our website or service.

1. Intellectual Property

1.1. All content and materials on the Studio A website, including but not limited to text, images, graphics, artwork, logos, videos and audio, are owned by or licensed to Studio A and protected by applicable copyright, trade mark and intellectual property laws.

1.2. You must not download, copy, reproduce, modify, transmit, distribute, display, broadcast, license, sell or otherwise exploit any content from our website without prior written permission from Studio A. Studio A reserves all rights not expressly granted. 

2. Use of Website

2.1. You are granted a non-exclusive, non-transferable and revocable licence to access and use the Studio A website for personal and non-commercial purposes.

2.2. You must not use the website for any illegal or unauthorised purpose or in any way that may cause Studio A to violate any law, regulation or anyone else’s rights (including privacy and intellectual property rights). 

2.3 You are strictly prohibited from taking any action that may circumvent or attempt to circumvent the privacy, security and access control features of the website or may cause damage, disruption, interruption or impairment to the functionality of the website or interfere with other users' access and use.

2.4. You are responsible for maintaining the confidentiality of any account information, including usernames and passwords and for all activities conducted under your account.

2.5.  Studio A makes no warranty in respect of the security measures on this website and is not responsible for any misuse, loss or unauthorised access, modification or disclosure of information provided to Studio A.

2.6. The material contained on this website which is supplied by third parties may contain material which is inaccurate or otherwise incorrect. Studio A does not make any representations or warranties regarding its accuracy, satisfactory quality, fitness for any particular purpose or non-infringement of third parties’ rights. Studio A is not liable for any damages, losses, costs or expenses resulting from any use or misuse of the information contained on this website.

3. User Content

3.1. Studio A may allow users to submit content, including comments, reviews and other materials. By submitting content, you grant Studio A a non-exclusive, royalty-free, fully transferable, worldwide, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute and display such content in any media.

3.2. You represent and warrant that any content you submit is your original work, does not infringe upon the rights of any third-party (including but not limited to intellectual property rights, and any obligations in respect of privacy or confidentiality) and does not contain any harmful or offensive material.

3.3. You must not submit any content publicly or through our website that you consider to be confidential or proprietary and any content you submit publicly via our website, will be considered non-confidential and non-proprietary. 

3.4 Studio A reserves the right in its absolute discretion, to remove, edit, or refuse to publish any user content that violates these Terms and Conditions or is deemed inappropriate.

3.5 As between you and Studio A (and its successors and assigns), you hereby waive all moral rights in your content, and consent to us attributing or not attributing your content to you and dealing and adapting or editing your content in our reasonable discretion for the purposes of providing and/or promoting the website. 

4. Links to Third-Party Websites

4.1. The Studio A website may contain links to third-party websites or resources. These links are provided for your information and convenience only, and Studio A does not endorse or assume any responsibility for the content, privacy practices, or actions of third-party websites.

4.2. Use of third-party websites is at your own risk. Studio A has no control over third party websites it links to, and will not be liable, directly or indirectly, for any loss or damage caused or alleged to be caused by or in connection with the access or use of any third-party websites. 

5. Art and Product Sales

5.1. The Studio A website offers art and other products (“Products”) for sale online. By making a purchase through the website, you agree to provide accurate and complete information for billing, shipping and contact purposes. You represent and warrant that you have the legal right to use any credit card/s or other payment methods used by you for any such purchase.

5.2. Prices for the Products displayed on the website are subject to change without prior notice. Studio A reserves the right to modify or discontinue any Product at any time without liability.

5.3. Studio A will make reasonable efforts to ensure the accuracy of the descriptions and images of Products displayed on the website. However, we do not guarantee that the colours, dimensions, materials or other details of Products will be displayed entirely accurately on the website, as variations can occur depending on the display and settings of your device.

5.4. A contract for the purchase of the relevant Product/s will be formed upon our acceptance of your online order and receipt of payment (notified to you in writing via email). We may elect, at any time, not to accept an order for any reason (including unavailability of the Product or insufficient payment). 

5.5 All payments are payable in Australian dollars. Studio A accepts credit card payments, payment via Google Pay and Apple Pay, and may add other payment options as detailed on the checkout page when you complete an online purchase. Studio A also accepts payment via Art Money for approved buyers. The payment terms of the applicable third party service provider used to make payment will apply to your purchase, and while Studio A will take reasonable steps to partner with responsible entities, it is is not responsible for the terms offered by any third party payment service provider used to make a purchase. 

5.6 Title in purchased Products will transfer to you upon acceptance of your order, our receipt of full payment and successful delivery to you. Once you receive delivery of the Product, risk in the Product will pass to you.  

5.7 All accepted orders are final and Studio A does not generally accept returns or offer refunds, except in cases of damaged or defective Products upon delivery. However, Studio A may, at its discretion, consider returns or refunds in exceptional circumstances. In such cases, please refer to our Shipping and Returns policy for further instructions.

6. Donations

6.1. Studio A provides the option for users to make voluntary donations through the website. By making a donation, you acknowledge and agree that your contribution is voluntary and does not entitle you to any ownership rights, services, or benefits beyond the goodwill of supporting Studio A's mission.

6.2. Studio A will make reasonable efforts to use the donated funds for the stated purposes or projects. However, we reserve the right to allocate the donations as needed, based on our discretion and in accordance with our charitable objectives.

6.3. Donations may be tax deductible, however Studio A does not provide any tax advice or guarantee tax deductibility for donations made through the website. If you have any questions regarding tax deductions, please consult with a qualified tax professional.

7. No Warranty and Limitation of Liability

7.1. The website and our services and Products  are provided “as is” and Studio A makes no warranties or representations, express or implied, regarding the accuracy, reliability, or completeness of the content and materials on the website.

7.2 Your use of Studio A’s website or services and your purchase of our Products is at your own risk. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose, noninfringement, or conformance with description) apply to the website, our services or our Products except to the extent that they are expressly set out in the Terms and Conditions (and our accompanying Shipping and Returns Policy), including without limitation, that the website will be secure or free from bugs or viruses. It is your responsibility to make sure that our Products (if purchased) are suitable for your individual requirements and purposes. 

7.3 Notwithstanding the paragraphs above, nothing in these Terms and Conditions will exclude or limit our liability for losses or claims which may not be lawfully excluded or limited by applicable law. If any statutory provisions apply (including under the “Australian Consumer Laws” set out under Schedule 2 of the Competition and Consumer Act 2010 (Cth)), notwithstanding anything else in these Terms and Conditions, we limit our liability in respect of any claim to (to the extent to which we are entitled to do so), at our option:

(a) with respect to goods: refund of the goods, the supply of equivalent goods, or the payment of the cost of replacing the goods, or acquiring equivalent goods, or of having the goods repaired;

(b) with respect to services: the supply of the services again or the payment of the cost of having the services supplied again.

7.4 Subject to the paragraph above, Studio A will not be liable for any direct, indirect, incidental, consequential, or exemplary damages arising out of or in connection with your use of the website (including as a result of any changes we make to the website or our services, the deletion, corruption or failure of the website, your failure to provide us with accurate information or to keep your information secure).

7.5 These limitations on our liability to you will apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

7.6 To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the website or our services, is directly between you and such third party, and you irrevocably release us and our affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

8. Governing Law and Jurisdiction

8.1. These Terms and Conditions will be governed by and construed in accordance with the laws of New South Wales, Australia.

8.2. Any disputes arising from these Terms and Conditions or your use of the Studio A website will be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

9. Modifications

9.1. Studio A reserves the right to modify or replace these Terms and Conditions at any time without prior notice by posting them on our website and updating the “Last Updated” at the top of this page. It is your responsibility to review the terms periodically for any changes. 

9.2. By continuing to use the Studio A website after any modifications, you accept and agree to abide by the current Terms and Conditions, as amended. If you do not accept any amendments, you must not continue to use the website. 

10. Privacy Policy

The collection, use and protection of personal information provided by users are governed by our Privacy Policy. By using the Studio A website, you consent to the collection and processing of your personal information as outlined in the Privacy Policy.

11. Indemnification

You agree to indemnify and hold Studio A and its affiliates, officers, directors, employees, associated artists and agents harmless from any claims, losses, damages, liabilities, costs, or expenses (including without limitation, legal fees) arising out of or in connection with your use of the website or our services, including but not limited to any violation of these Terms and Conditions.

12. Complaints and Disputes

12.1. At Studio A, we value your satisfaction and strive to provide exceptional customer service. If you have any complaints or concerns regarding your purchase, the website, or any other aspect of your experience with Studio A, please follow the steps outlined below:

12.2. Contact our Customer Support:
(a) Please reach out to our customer support team at hello@studioa.org.au or via our enquiries form on our contact page on this website to express your complaint or concern.
(b) Provide detailed information regarding the nature of your complaint, including any relevant order details, dates and any supporting documentation or evidence.

12.3. Investigation and Resolution:
(a) Once your complaint is received, Studio A will promptly investigate the matter and work towards a satisfactory resolution.
(b) We will make every effort to address your concerns and provide a response within a reasonable timeframe.
(c) Please note that the resolution may vary depending on the nature of the complaint and Studio A reserves the right to determine the appropriate course of action.

12.4. Mediation:
If any dispute is not resolved by good faith negotiations within 60 days’ of receipt of your complaint in writing, either party may refer the dispute to the Arts Law Centre of Australia dispute resolution service and each party will comply with that resolution process.

12.5. This complaints process does not affect your statutory rights under the Australian Consumer Laws.

If you have any questions or concerns regarding these Terms and Conditions, please contact us.
+61 2 9439 1281

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Support Our Cause and Donate Today

Imagine a future where artists with disability thrive in the arts, enjoying equitable opportunities, recognition and the backing to pursue their creative careers. Our goal is to shape a society that wholeheartedly embraces and appreciates the unique artistic offerings of artists with disability.

Your contribution serves as a meaningful investment in making this future a vibrant reality.

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