Terms and conditions for Julie Weir’s Online Watercolour School and in-person workshops.
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you the (“School Member”) agree to be provided with products, programs, or services as part of Julie Weir’s Online Watercolour School website (“Membership”) operated by Julie Weir (“Owner”), acting on behalf of Julie Weir Art. (“Site”), and you are entering into a legally binding agreement with Julie Weir Art, subject to the following terms:
1. TERMS OF MEMBERSHIP
(a) Upon purchase and execution of this agreement, the School Member will be provided with the following content and/or services as detailed on https://www.julieweirart.co.uk/join-my-online-watercolour-school.html (“the Website”) and selected prior to purchase for their own personal, non-commercial use. Content, programs, and/or services (collectively known as “the Services”) may include but are not limited to:
Newsletters and emails
Video tutorials and practice pictures
Online member’s community Facebook page
Knowledge based videos
Any other content from Julie Weir’s online school
(b) Though Julie Weir will regularly comment in the online member’s community Facebook page she may not be able to answer every comment. However Julie will make regular posts to inspire the group.
(c) Julie Weir Art reserves the right to substitute services equal to or comparable if reasonably required by the prevailing circumstances.
(d) Julie Weir Art may from time to time offer extra services to school members for an additional fee.
(e) School members will have access to Julie Weir’s online school for the duration of their current subscription, whether that be on a monthly, 6 monthly or annual basis.
(f) Julie Weir Art reserve the right to cancel or terminate a school member’s use of and access to the website without prior notice if they do not comply with the terms of purchase.
(g) Julie Weir Art reserves the right to remove members from the online member’s community Facebook page without prior notice if they do not comply with the rules of the Facebook page.
(h) At any point, should Julie Weir Art be terminating Julie Weir’s online school, the school member will be given at least sixty (60) days’ notice.(i) School members have the option to cancel their membership at any time in writing via email to Julie Weir Art, or via the Julie Weir’s online school website contact form and cancellation will take effect at the next billing cycle.
2. GIFT VOUCHERS AND PROMOTIONAL DISCOUNTS
Gift Vouchers are valid for a maximum of 12 months from date of purchase unless otherwise stated. Gift Vouchers are not to be used in conjunction with any other offer. There are no cash alternatives. In the case of promotional codes we reserve the right to cancel offer(s) without prior written notice.
All promotional discounts and codes applied to a membership are valid for the first subscription payment only. All subsequent renewal payments are charged at full price unless cancelled beforehand.
4. INTELLECTUAL PROPERTY RIGHTS
(a) The paintings that school members produce as a result of taking Julie Weir’s video tutorials or based on Practice Pictures or in-person workshops are considered legally to be ‘Derivative Works’ and as such the copyright remains with Julie Weir Art and any other photographer whose work has been used for these.
(b) School members may share photographs of the paintings they create based on Julie Weir’s video tutorials and Practice Pictures or in-person workshops online but they must always credit 'Julie Weir’s Online School' whenever the work is displayed (including online or in exhibitions).'
(c) School members may sell the physical paintings they create based on Julie Weir’s video tutorials and Practice Pictures or in-person workshops (for instance in a local art exhibition) but they must always credit ‘Julie Weir’s Online School’ whenever the work is displayed for sale.
(d) School members can reproduce their own paintings provided the reproduction is for their own non-commercial use (for instance they can print it onto a Christmas card sent to friends and family) however, they must credit ‘Julie Weir’s Online School’ along with the reproduction.
(e) School members may not reproduce their own versions of these paintings for commercial use (for instance as an illustration or onto greetings cards they intend to sell).
(f) School members should use the following wording to credit Julie Weir’s Online School:
For a painting completed via a video tutorial: ‘Painting produced using an online video tutorial at Julie Weir’s Online School’.
For a painting completed via a Practice Picture: ‘Painting produced using a photograph provided by Julie Weir’s Online School’
For a painting completed via an in-person workshop: ‘Painting produced using a tutorial by Julie Weir Art.
5. PAYMENT AND REFUND
(a) Upon execution of this agreement, the school member agrees to pay to Julie Weir Art the purchase amount as stated on the 'Julie Weir’s Online School' website, or via a sales promotion.
(b) The school member agrees to provide Julie Weir Art with true, accurate and complete information as required by the sign-up process (“Subscription Data”), including their legal name, address, telephone number, email address and applicable billing information.
(c) The school member agrees to maintain and promptly update the subscription data and any other information provided to us. If the school member provides any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate the school member’s subscription, and if applicable, their user account, and refuse any and all current or future use and/or access by the school member to the website.
(d) With their initial payment the school member commits to either a one (1) month term to the membership; a six (6) month term or an annual term dependent on the subscription chosen by the school member.
(e) After the initial one (1) month term; six (6) month or annual term, the school member will then automatically be charged payment according to their selected payment plan: every thirty (30) days, every six (6) months, or every twelve (12) months, at which time the payment will be automatically debited via the account information included upon purchase.
(f) Credit card authorisation. Each party hereto acknowledges that Julie Weir Art will charge the credit card chosen by the school member via Paypal on the date of renewal and for the amounts specified upon purchase.
(g) In the event the school member fails to make any of the payments as outlined above, Julie Weir has the right to immediately disallow services and benefits of the school membership until payment is paid in full.
(h) The school member agrees not to assign, transfer or sublicense their rights as a subscriber.
(i)The school member agrees to use the membership for themselves and is not allowed to use the video or any of the materials in an art group or other groups of people.
(j) Julie Weir Art reserves the right to increase fees, or to institute new fees at any time, upon advanced notice communicated to the school member via email.
(k) If the school member is not entirely happy with what’s on offer in 'Julie Weir’s Online Watercolour School' website and would like a refund, they are to let Julie Weir know within 7 days of their purchase and they will be refunded. Refunds after 7 days are at the discretion of Julie Weir Art.
By participating in the membership, the school member acknowledges that Julie Weir Art makes no guarantees as to the outcome of any services, sessions, teachings, or modules accessed through this membership. By participating in this membership, the school member acknowledges that Julie Weir Art does not warrant the accuracy of any information provided, is not liable for any losses the school member may suffer by relying on modules, content, videos, services, or products.
By participating in the membership, the school member acknowledges that Julie Weir nor any of its representatives are medical doctors, psychologists, therapists, or financial advisors, and content and/or services do not replace the care of other professionals. Services provided herein are in no way to be construed or substituted as medical advice, psychological counselling or any other type of therapy or advice.
Any testimonials or examples shown through the julieweirart.co.uk website are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the membership and/or services. The school member acknowledges that Julie Weir Art has not and does not make any representations as to success of any kind that may be derived as a result of use of its video tutorials, products or services.
Julie Weir may provide the school member with information relating to products that she believes might benefit the school member. Julie Weir Art is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information provided. Julie Weir Art may provide the school member with third-party recommendations for such services as photography, marketing, technology, business, health, or other related services. Julie Weir Art may be involved in affiliate relationships with certain third-parties for such recommendations and will inform the school member when this is the case. The school member agrees that these are only recommendations and Julie Weir Art will not be held liable for the services provided by any third-party to the school member.
7. INTELLECTUAL PROPERTY RIGHTS
In respect of the material specifically created for the school member as part of this membership, including video tutorials, videos, documents, or other content (known collectively as the “Material”), Julie Weir Art maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the material whether finished or unfinished. Nothing in this agreement shall transfer ownership of or rights to any intellectual property of Julie Weir Art to the school member, nor grant any right or license other than those stated in this agreement.
The school member may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Julie Weir’s online school website, content or intellectual property, in whole or in part without our prior written consent. Any unauthorised copying, reverse engineering, redistribution, reproduction, publication or modification of 'Julie Weir’s Online Watercolour School' website content by any person without Julie Weir's prior written authorisation is strictly prohibited, may be a violation of federal or common law, trademark, and copyright laws and may subject such a violator to legal action.
8. DISCLAIMER OF WARRANTIES
The services provided to the school member by Julie Weir Art under this agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
9. MODIFICATION & SEVERABILITY
We reserve the right to make changes to our site, policies, and this terms and conditions agreement at any time and in our sole discretion; therefore, you should review our policies, terms, and conditions each time you visit the Site. Your continued use of the site after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
10. LIMITATION OF LIABILITY
By using Julie Weir Art’s services and purchasing this membership, the school member accepts any and all risks, foreseeable or unforeseeable, arising from such transaction. The school member agrees that Julie Weir Art will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the membership. The school member agrees that use of this membership is at user’s own risk
11. JURISDICTION AND DISPUTE RESOLUTION
This agreement shall be construed in accordance with, and governed by, the laws of England as applied to contracts that are executed and performed in the United Kingdom. The exclusive venue for any arbitration or court proceeding based on or arising out of this agreement shall be England. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this agreement through the International Court of Arbitration (ICC). The parties further agree that their respective good faith participation in arbitration is a condition precedent to pursuing any other available legal or equitable remedy, including litigation or other dispute resolution procedures.
If any legal action or other proceeding is brought for the enforcement of this agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
All notices, requests, demands, and other communications under this agreement shall be in writing submitted by email: [email protected]
or by post to Julie Weir 13 Worthing Ave, Gosport, Hants, PO12 4DA
13. ENTIRE AGREEMENT
This agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
Terms and Conditions for purchasing goods from the website.
Your order will be dispatched within 2 days unless otherwise stated using Royal Mail First class service.
Commissions will take longer due to them being hand painted to order. A time will be mutually agreed with yourself prior to commencement.
What to do if you think your order has been lost in the post
Sometimes the post is a little slower than expected, especially around holidays, but most parcels turn up within two weeks. If you have not received your order after this time then please get in touch with me and I will investigate. If your delivery address is outside the EU then please allow a little longer and get in touch if your order hasn't arrived within four weeks.
Custom and import taxes
Import taxes and customs charges may be incurred and these are the responsibility of the purchaser.
Julie Weir Art is not responsible for any delays due to customs.
If your product is damaged in the post
If you have received a parcel which is damaged in the post please contact us within 14 days of delivery. We will require a photo of the damage so that we can forward this to the postal company. A replacement or refund will be sent to you by return.
If you are not happy with your purchase.
I want you to be absolutely thrilled with your purchase from Julie Weir Art so if you are not happy, I offer a no hassle return service. Simply contact me within 14 days of delivery and return the goods within 30 days with a note that includes your name and address. I will send you a refund or replacement product if required as soon as I receive it back. Please remember that the product is your responsibility until I receive it back, so please wrap it securely and get a proof of postage. Buyers are responsible for return shipping costs.
Although I will process your refund straight away, it may take a few days until the funds appear back in your account.
The Following items cannot be returned or exchanged
Because of the nature of these items, the following can’t be returned or exchanged, unless they were delivered to you damaged or defective.