Terms & Conditions
The terms “we”, “us”, and “our” refer to Berel Ellen Investments Pty Ltd trading as Paula Silbert Arts Consultancy (the “Company”).
The terms “Site(s)” refers to www.paulasilbert.com, The Art Primer.
On these Sites, we provide information, products and services related to the subject matter of visual arts professional development and arts management skills.
We offer various training courses related to professional development and arts management skills. Examples include, but are not limited to, Artists’ Statements, Exhibition Planning, Public Speaking, Media Releases and other topics to be developed (collectively, “Services”).
The term “user,” “customer,” “you,” and “your” refers to visitors, users and customers of the Sites and/or Services.
By using our Sites and/or Services, whether made available for purchase or not, you are agreeing to the following Terms and Conditions, our Privacy Policy (located at https://paulasilbert.com/privacy) or any other agreement that governs your use of our Sites or Services (collectively, “Agreements”). You should not use our Sites or Services if you do not agree with the terms and conditions contained in these Agreements.
1. USE OF THE SITES AND SERVICES
To access or use the Sites and/or Services, you must be eighteen (18) years or older and have the requisite power and authority to enter into these Terms and Conditions. Minors are prohibited from using the Sites and/or Services.
2. LAWFUL PURPOSES
You may use the Sites and/or Services for lawful purposes only. You agree to be financially responsible for all purchases made by you. You agree to use the Sites and/or Services and to purchase our Services for legitimate purposes only. You shall not post or transmit through the Sites and/or Services any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, or which encourages conduct that would constitute an offence or violate any law.
3. ACCOUNT CREATION
In order to use the Sites and/or Services, you may be required to provide information about yourself including your name, email address, username, password and/or other personal information. You agree that any account information you provide on the Sites or to the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own.
4. CONSENT
When you register with the Company to purchase Services you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company and you consent to receive notices electronically by way of transmitting the notice to you by email unless you unsubscribe. You can learn more by viewing our Privacy Policy located at https://paulasilbert.com/privacy .
5. REFUSAL OF SERVICES
We reserve the right to refuse access to the Sites and/or Services to any person or entity, without the obligation to assign a reason for doing so. We reserve the right to immediately remove you from the Sites and/or Services, without refund (if applicable) or liability, if you violate these Terms and Conditions or other Agreements governing your use of the Sites and/or Services.
6. THE PAULA SILBERT ARTS CONSULTANCY ART PRIMER ACCESS, PAYMENT POLICY, REFUND POLICY AND CANCELLATION POLICY
In addition to the terms set forth herein, the following terms apply if you purchase or access the Paula Silbert Arts Consultancy Art Primer courses.
7. ACCESS The Paula Silbert Arts Consultancy Art Primer course (“Sites”) is an online subscription service. Membership is for your own personal use, not for agencies or companies. You agree not to share access to or the contents of the site with anyone who is not a customer of record with the Company. In order to use the membership, you will be required to create an account by providing information about yourself including your name, email address, username and password and other personal information. Your access to the membership may be revoked, without refund, for failure to abide by these Terms and Conditions or for failure to make timely and full payments to the Company for your purchase of the course units undertaken.
8. PAYMENT POLICY The full amount for the Course is due to the Company even if you choose not to or are unable to complete the Course. All sales are FINAL. We offer NO REFUNDS.
9. CUSTOMER FEEDBACK
You agree that the Company has the right to use your feedback whether in the form of emails, surveys, comments, discussions in forums, social media, coaching and mentoring calls, or otherwise, for the purposes of marketing or promoting its Sites and Services.
10. RELEASE
You agree that the Company may use any images, audio recordings or video recordings of you obtained while enrolled in the Course or while engaging with us on our Sites or on social media. You waive any right to payment, royalties or any other consideration for the use of such images, audio recordings or video recordings. You waive the right to inspect or approve the finished product, including written or electronic copy, wherein your likeness appears. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which you, your heirs, representatives, or your estate have or may have by reason of this authorisation.
11. NO CONFIDENTIALITY
You understand that given the group format of the Course, information provided or shared with the Company or other participants, whether in the form of comments, discussions in forums, social media comments, coaching and mentoring calls, webcasts, or otherwise are not confidential.
12. PARTICIPANT’S CONDUCT
You agree to conduct yourself in a dignified and professional manner and will not engage in any activity that is detrimental to the health, safety and welfare of other Course participants, customers or community members. You acknowledge and agree that the Company reserves the right to remove you from the Course, the Site(s) or group forums, without reimbursement or liability, if the Company, in its sole discretion, determines that your behaviour creates a disruption or hinders the enjoyment, safety or well-being of other participants.
13. LIVE EVENTS
Any and all costs associated with attending any live event(s) hosted by the Company (including without limitation, travel to and from the event(s), such as airfare, transport to/from the airport, additional meals, etc.) are your sole responsibility. You assume all risk and/or liability that may arise or be incurred with attending and participating in the live event(s). It is recommended that you secure your own insurance (for example, health and travel) to cover losses caused by your own negligence or the negligence of others in connection with the live event(s).
14. NO GUARANTEES OF RESULTS
The Company may share the successful results of its users or customers on the Sites and/or Services. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results, future earnings, business profit, marketing performance, audience growth, or results of any kind. By accessing the Sites and/or using our Services, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your future earnings, business profit, marketing performance, audience growth, or results of any kind. The Company does not guarantee results using any of our ideas, tools, strategies or recommendations, and nothing in our Sites or Services is a promise or guarantee to you of such results.
DISCLAIMER
YOUR USE OF THE SITES AND SERVICES IS AT YOUR OWN RISK. ANY SERVICE AND/OR INFORMATION PROVIDED BY THE SITES AND SERVICES IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THE SITES AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY SITES AND SERVICES OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS TO SITES AND SERVICES AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE TO YOU ARISING FROM THE USE OF THE SITES AND SERVICES, OR ITS CONTENT. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT ON THE SITES AND SERVICES.
15. INTELLECTUAL PROPERTY
The Sites and/or Services contain intellectual property owned by the Company (“Company’s Intellectual Property”) and intellectual property licensed to us by third parties (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the business name logo, all designs, text, videos, audio files, graphics, HTML/CSS, Javascript, other files, the Course, the materials and the selection and arrangement thereof. You 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 Sites and/or Services, Company’s Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Sites and/or Services, without liability or refund, if you are caught violating this intellectual property policy. We further reserve the right to pursue all legal remedies.
All trade names, trademarks, and images and biographical information of people used on the Sites and/or Services, including without limitation the Company’s name and trademark(s), are either the property of, or used with permission by, the Company. Their use by you is strictly prohibited unless specifically permitted by these Terms and Conditions or by prior written permission from the Company. Any unauthorized use may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes.
The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Sites and/or Services in any way, you may notify the Company at info@paulasilbert.com. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark/copyright registration information, the location/URL of the violation, and any other information you believe is relevant.
16. THIRD PARTY WEBSITE AND RESOURCES
The Sites and Services contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Sites and/or Services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
17. AFFILIATE LINKS
From time to time, the Company may include affiliate links on its Sites and/or Services. This means that if you purchase an item using an affiliate link, the Company may earn a commission. Affiliate links will be highlighted in some manner so as to disclose the affiliate relationship.
18. INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, legal fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Sites and/or Services. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
19. GOVERNING LAW
The Terms and Conditions shall be governed by the laws of Western Australia.
20. DISPUTE RESOLUTION
You agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions by seeking to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Perth, Western Australia. Any costs and fees other than attorney fees associated with the mediation will be shared equally by the parties. If the dispute is not resolved within thirty (30) calendar days after it is referred to a mediator, either party may take the matter to court in Western Australia, with the parties agreeing that, under such circumstances, courts in Western Australia have exclusive jurisdiction over the matter.
21. EFFECT OF HEADINGS
The subject headings of the paragraphs of the Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
22. ENTIRE AGREEMENT
The Agreements (i.e., these Terms and Conditions along with the referenced Privacy Policy, and any other written agreement that governs your use of our Sites and/or Services) constitute the entire agreement between you and the Company with respect to the Sites and/or Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Sites and/or Services.
23. WAIVER
The Company’s waiver of any of the provisions of these Terms and Conditions shall not be deemed, nor shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of the Company.
24. SEVERABILITY
If any term, provision, covenant, or condition of the Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
25. ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
26. CHANGED TERMS
The Company reserves the right to update any portion of our Sites and/or Services, including these Terms and Conditions, at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. If you have provided us your email address, we will also email you to let you know of material amendments to our Terms and Conditions. Any use of the Sites and/or Services by you after an amendment is made means you accept these amendments. We will post the most recent versions to the Sites and list the effective dates on the pages of our Terms and Conditions.
27. HOW TO CONTACT US
If you have any questions about these Terms and Conditions, please contact us at: info@paulasilbert.com
ACCEPTANCE OF TERMS AND CONDITIONS
By accessing this site you agree to these Terms and Conditions.
Effective Date: March 1, 2024