GENERAL TERMS AND CONDITIONS FOR ONLINE COURSES
These terms and conditions apply to the services provided by AR Fine Art, Inc. (“AR,” “We”
and/or “Us”) through the following courses: Better Than Art School 8 week Accelerator, Better
Than Art School LEGACY program, Color Magic course, Instagram for Artists, all located at the
following URL:
https://passioncolorjoy.teachable.com/ (“Site”) (collectively, the “Courses” and
individually, each a “Course”) to you, the purchaser of a Course or the Courses, as applicable
(“You” and/or the “Customer”).
These terms and conditions are in addition to the Website Terms of Use on the Site and apply
to the sale of any Course offered by Us online (“Online Course”). Please read these terms and
conditions carefully before purchasing an Online Course. If there is any conflict between the
Terms of Use on the Site and these General Terms and Conditions for Online Courses (“General
Terms”), then, these General Terms shall prevail. For purchases via the Site, by clicking on the
“Accept” button You agree to the General Terms and the Terms of Use on the Site. If You do
not agree to these General Terms and the Terms of Use on the Site, cease Your purchase of any
“Services” (as defined herein below) from Us.
1. Definitions
“Confidential Information” means information provided by one party to the other in written,
graphic, recorded, machine readable or other form concerning the business, clients, suppliers,
finances and other areas of the other party’s business, service and/or products, including,
without limitation, the “Course Materials” (as defined herein below), but does not include
information in the public domain other than through the default of the party disclosing such
information, information required to be disclosed by any court or regulatory authority, or any
information already in the possession and/or control of the disclosing party.
“Course Materials” collectively means the information provided by AR to accompany a Course
provided as part of the Services, whether via hard copies or electronic form.
“Fees” means the fees You pay to AR for the Services.
“Intellectual Property Rights” means copyright, rights in and/or relating to databases, patent
rights, performers’ rights, 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 through which you learn
remotely from Course Materials.
“Services” means the provision of the Online Course and/or the Course Materials together with
such other services as agreed from time to time and purchased by You through the Site.
2. The Services
2.1. A description of the Services together with the dates on which the Services will begin are
available on the Site. We reserve the right to change and/or withdraw any of the Services
described on the Site without advance notice.
2.2 We do not make any guarantee to You that You will obtain a particular result, qualification
or employment from Your purchase and completion of any of the Services.
3. Ordering Services
3.1 In order to purchase any of the Services online You must register for an account with us via
the Site.
3.2. When You place an order for a Service via the Site, You are offering to purchase the
Services according to these General Terms and Conditions. We reserve the right to cancel or
decline Your order or any part of Your order at any time until it has been confirmed pursuant to
paragraph 3.4 below.
3.3. Following receipt by us of Your order for Services via the Site we will contact You
confirming receipt of Your order.
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 paragraph 5 below.
3.5. If Your order consists of multiple Online Courses, each individual course will be treated by
Us as a separate offer to purchase. Acceptance of Your offer to buy one or more Courses will
not be acceptance by Us of Your offer to purchase any other Courses constituting Your order.
4. Cancellation and Changes
4.1. We do not offer any refunds on the purchase of the Course or Courses.
4.2. Notwithstanding paragraph 4.1 there is no other right to cancel or vary Your purchase of
Services and any other cancellation and/or change of course dates will be made in the sole
discretion of AR.
5. Fees
5.1. The “Fees” for the Services shall be as set out on the Site at the time You placed an order
for them. Fees must be paid in full prior to You accessing any Online Course.
5.2. Unless otherwise specified at the time You purchase the Services the Fees are exclusive of
all taxes.
5.3. Any processing or interest fees charged by Your debit or credit card provider in connection
with Your purchase of Services are Your own obligation.
5.4. You shall be responsible for all costs You incur in connection with Your access onto any
Online Course.
6. Intellectual Property
6.1. All Intellectual Property Rights in the Course Materials, Online Courses and the speeches
made by trainers at the Taught Courses are, and remain, the intellectual property of AR or its
licensors, whether adapted, written for or customized for the Client or not.
6.2. You are not authorized to:
(i) copy, modify, reproduce, republish, sublicense, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without AR’s prior written permission;
(ii) record on video or audio tape, relay by videophone or other means any Online Course;
(iii) use the Course Materials in the provision of any other course or training whether given by Us or any third party;
(iv) modify, adapt, merge, translate, disassemble, decompile, reverse engineer any software comprising part of the Online Course or Online Courses; or
(v) remove any copyright or other notice of AR appearing on or in connection with the Course Materials;
Breach by You of this paragraph 6.2 shall allow Us to immediately terminate these General
Terms and Conditions with You and cease to provide You with any Services, including but not
limited to access to the Online Courses.
6.3. In consideration of the Fees paid by You, we grant to You a limited, non-transferable, nonexclusive license to use the Course Materials and the software in respect of the Online Course
for the sole purpose of completing the Online Course and / or attending the Taught Course.
7. Liability
7.1. 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.
7.2. Although AR aims to provide the Services in a professional manner, neither it, nor its
educators accept any liability for (i) any inaccuracy or misleading information provided in the
Course Materials and any reliance by You 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 these General Terms and Conditions.
7.3. Except to the extent that they are expressly set out in these General Terms and Conditions,
no conditions, warranties or other terms shall apply to the Services. No implied conditions,
warranties or other terms apply (including without limitation any implied terms as to
satisfactory quality, fitness for purpose or conformance with description).
7.4. AR’s total liability arising from or in connection with these General Terms and Conditions
and in relation to anything which we may have done or not done in connection with these
General Terms and Conditions and the delivery of the Services are limited to the Fees We
received for the relevant Online Course in relation to which a dispute has arisen. No claim may
be brought against Us by You more than six (6) months after the last date on which the relevant
Services provided by Us to You have ended or ceased.
8. Confidentiality
8.1. Each party shall keep the other party’s Confidential Information strictly confidential and
not use such information otherwise than for the purposes of these General Terms and
Conditions and shall return such information on demand and not retain copies of such
information.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the
purposes of obtaining advice or pursuant to any court order.
8.3. This paragraph 8 shall continue in force and effect even after the date of termination or
expiration of these General Terms and Conditions.
9. Termination
9.1. We shall be entitled to terminate these General Terms and Conditions and cease to provide You with any Services with immediate effect in the event that You:
(i) fail to pay Your Fees when due;
(ii) act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee or agent of AR, any teacher or lecturer who provides the Online Course or Online Courses or any student who attends any Online Course;
(iii) steal or act in fraudulent or deceitful manner towards AR or AR’s agents or employees or any other students; or
(iv) are otherwise in breach of these General Terms and Conditions.
9.2. Paragraphs 6, 7, 8 and 10 shall survive any expiration or termination of the term of these General Terms and Conditions.
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, together with the Site’s Terms of Use comprise 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.
12. Force Majeure
AR shall not be liable to You for any breach of its obligations or termination under these
General 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 caused by a death in the
trainer’s family, illness of the trainer, Government edict or regulation.
13. Data Protection
13.1 The nature of the Services provided by us means that We will obtain, use and disclose
(collectively, "Use") certain information about You (collectively, "Data"). This statement sets
forth the principles governing our Use of Data. By purchasing the Services You agree to this Use.
13.2 When You register with Us, You will need to provide certain Data such as Your contact
details and demographic information. 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
regular provision of the Course.
13.3 We may also use the above Data and similar Data You provide Us in response to surveys,
to aggregate user profiles and in sending You communications about the Courses, unless You
opt out of receiving communications by emailing [email protected]. We will not pass any
personal data onto anyone outside of AR.
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. We are not responsible for any third party
data policies, procedures or content.
14.6. We strive 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 online and transacting online 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 email customer
service at: [email protected].
15. Law and Jurisdiction
These General Terms and Conditions are subject to U.S. law and the parties submit to the
exclusive jurisdiction of the courts of the United States in connection with any dispute
hereunder.
16. Notices
You can contact us by any of the following methods:
Email: [email protected]
Mail: AR Fine Art, 5777 W. Century Blvd., Suite #1110 Unit #186, Los Angeles, California 90045,
United States.