Terms, Conditions and Privacy

 

Sleight of Hand Art, and its agents, (hereinafter referred to as ‘Sleight of Hand’) appreciates our customers and strives to provide a positive experience.

To ensure you are completely aware and satisfied with our policies and procedures, and customer service standards, we ask you to carefully read our Terms and Conditions outlined below. By accessing or using our website or booking a ticket through our website, Scoupon, Groupon, WeTeachMe, or Eventbrite, you acknowledge that you have read, understood and agree to abide by these Terms and Conditions without limitation. Sleight of Hand reserves the right to change these Terms and Conditions at any time. Any changes will become effective immediately.

 

Scope of the agreement

Sleight of Hand offers and sells through this Website: http://.sleightofhandart.com (hereinafter the ‘Website’), access to and bookings for Sleight of Hand’s calendar of events directly to consumers. Sales of services offered on the Website are governed by the Terms and Conditions of Sale (hereinafter the ‘Terms and Conditions’). We reserve the right to accept or reject your booking request, in full or in part, for any reason, including if the requested service or event is not available, if there is an error in the price or the requested service or event description posted on the Website or in any marketing material, if there is an error with a voucher or promotional code redeemed with your order, or any other error or breach of our Terms and Conditions associated with your booking request.

 

Contact details

If you require assistance, or wish to speak with someone, please email your query through to info@sleightofhandart.com or phone us on 0429 115 330.

 

Currency and pricing

All currency and purchase transactions will be performed in Australian Dollars. Sleight of Hand reserves the right to change pricing at any time. You acknowledge that we are not required or obliged to match any prices for any services or events, including matching any prices for services or events which are available through an alternative offer by us.

 

GST

All fees and charges identified in these terms and conditions and all prices for the products include GST where applicable.

 

Payment methods

All payments for bookings made through our website are made to Eventbrite which accepts the following payment methods for reserving a booking online: Paypal, Visa Card, Mastercard.

 

Cancellation and Refund Policy

You may cancel your booking at any time, up to 24 hours prior to the class starting, though we prefer 48 hours' notice.  Please email us at info@sleightofhandart.com with current/future location and date, and number of tickets.

 

Because of limited seating availability, please note that “no call, no shows” will be charged the full amount of the class without a refund. These Terms and Conditions in relation to booking cancellations are in addition to, any Terms and Conditions of other booking websites and apps such as ScouponGroupon and Eventbrite.

 

We may cancel any booking (including any bookings that we have accepted or for which we have issued a tax invoice) without any liability to you for that cancellation at any time if:

(a)The venue at the which the event was held is no longer available on terms acceptable to Sleight of Hand;

(b)Sleight of Hand is unable for any reason whatsoever to provide the relevant service or event;

(c)there is an error in the price or the service or event description posted on the Website or in any marketing material in relation to that booking;

(d)there is an error with a voucher or promotional code redeemed with your booking;

(e)we suspect there has been, or will be, a breach of these terms and conditions or there has been any fraud or misconduct; or

(f)that order has been placed in breach of an offers terms and conditions

.

Copyright

All artwork, paintings, photos, graphics, text, audio clips, button icons, slogans, trade names and other intellectual property contained on our website, belongs exclusively to Sleight of Hand. You may not use, reproduce, modify, copy, transmit, display, publish, sell, license, distribute or commercially exploit any of the content or otherwise dispose of any of the content in a way not permitted by us, without our express written consent.

 

Disclaimer and limitation of liability

The purchaser agrees that the provision of any service, including but not limited to public painting sessions, purchased from our website is at the Purchaser’s sole risk.  To the full extent permissible by applicable law, Sleight of Hand will not be liable for any damages of any kind arising from the use of this site, or from any services provided from this website or establishment, including but not limited to direct, indirect, incidental, punitive, and consequential damages. No oral advice or written information given by Sleight of Hand nor its affiliates, nor any of their officers’ directors, employees, agents, providers, or the like, shall create a warranty or legal obligation; nor shall the purchaser rely on any such information or advice.

 

Your Conduct When Accessing the Sleight Of Hand Service

By accessing the Sleight of Hand Service, including the Website, you agree to use the Sleight of Hand Service, including all features and functionalities associated therewith, the Website and user experience and all content associated therewith in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein.  You also agree not to interfere with the instructors, event assistants, customers or anyone connected to any portion of the Sleight of Hand Service, or to violate any of the procedures, policies or regulations of establishments or venues connected to the Sleight of Hand Service.  You agree to follow the reasonable directions of Sleight of Hand instructors and assistants in relation to any venues at which Sleight of Hand's events are held (including staying within designated areas, use of art supplies and general behaviour.  You also agree not to impersonate any other person while using the Sleight of Hand Service, conduct yourself in a vulgar or offensive manner while using the Sleight of Hand Service, or use the Sleight of Hand Service for any unlawful purpose.

 

Privacy Policy and Security of Personal Information

Sleight of Hand is committed to protecting the privacy of your information. Sleight of Hand is bound by the laws set out in the (Commonwealth) Privacy Act 1988. We will only collect, use or disclose information in accordance with this Act and this Privacy Policy. Sleight of Hand will take reasonable steps to protect the personal information it collects and ensure it is accurate and complete. Information is held on secure servers or within controlled environments. Our employees are required to maintain the confidentiality of any personal information held by Sleight of Hand.

 

In addition, by using the Sleight of Hand Service you expressly and/or impliedly consent to receiving electronic communications from Sleight of Hand relative to your purchase, including notices about your purchase (e.g., change in event time or venue or Payment Method, confirmation e-mails and other transactional information), and information concerning or related to the Sleight of Hand Service.  These communications are part of your relationship with Sleight of Hand and you receive them as part of the Sleight of Hand Service.  You agree that any notice, agreements, disclosure or other communications that Sleight of Hand sends to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

 

Photography and Video Recording

By booking a ticket to a Sleight of Hand event, you agree:

1.         to be photographed by any photographers engaged by Sleight of Hand during the course of the event;

2.         that the copyright (and other intellectual property) and any moral right contained in the photographs and film is owned by Sleight of Hand;

3.         that any photograph taken of you by any photographer engaged by Sleight of Hand during the event may be used for a wide variety of marketing activities including, but not limited to the following:

(a)        advertising and/or generated publicity in newspapers, magazines and on television;

(b)        printed materials developed by Sleight of Hand including posters, brochures, flyers.

(c)        Placed on websites and social media accounts which are operated by Sleight of Hand.

4.         to waive, release and discharge all and any claim, right or course of action however arising, whether or not presently ascertained, immediate, future or                        contingent which you may otherwise have for or arising out of loss of life, injury, damage or loss of any description whatsoever caused which you may suffer or sustain in the course of or consequent upon being photographed, and/or filmed, and the use of those photographs by Sleight of Hand;

5.         that you can request and obtain a copy of any photograph taken of you by Sleight of Hand to use for personal use only by contacting Sleight of Hand.

6.         That if at any time you have any concerns as to the use of your photograph by Sleight of Hand, you agree to contact Sleight of Hand and request removal of               your photograph to relay your concerns and express your wish for its removal.

 

Sleight of Hand Competitions

By entering the competition on the Sleight of Hand Facebook or Instagram social media pages, you are agreeing to Sleight of Hand storing and using your information for its own marketing purposes. We will not share your information with third parties unless you specifically agree to us sharing these details and you can opt out at any time by unsubscribing from emails or emailing us directly. Entrants are providing information to Sleight of Hand and not to Facebook or Instagram.This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram.

By adding your ideas to the comments for the Facebook competition you are granting permission for these ideas to be used by Sleight of Hand in other online or marketing communications.

 

Please read these competition rules carefully. If you enter one of our competitions, we will assume that you have read these rules and that you agree to them.

1.         To enter a competition you must be:

(a)        Australian resident; and

(b)        18 years old or over at the time of entry.

2.         Competitions are not open to employees (or members of their immediate families) of Sleight of Hand.

3.         Entries must be posted on Facebook or Instagram. Facebook entries must like the Sleight of Hand Facebook page. Instagram entries must include the tag of a friend in the comments.

4.         Sleight of Hand accepts no responsibility for entries that are not received by the competition closing date and time for any reason.

5.         The winner will be the entrant(s) selected by a judge.

6.         The closing dates are specified in the ‘Competition Rules’ for each competition and Sleight of Hand reserves the right to amend the competition end date at                 any time.

7.         If you win a competition, we will notify you by direct message on Facebook or direct message on Instagram. If we cannot contact you or you do not respond within one week, we reserve the right to offer the prize to another competition entrant.

8.         The prize cannot be transferable to another person.

9.         No prize or part of a prize is exchangeable for cash, tickets or any other service.

10.        If an advertised prize is not available, we reserve the right to offer an alternative prize to the competition winner.

11.        Incorrectly completed entries will be disqualified from the competition.

12.        Sleight of Hand reserves the right to amend these rules at any time. We may also create rules that will apply to a specific competition only. If we do this we will publish the amended competition rules and/or specific competition rules on the relevant competition page.

 

Force Majeure

Neither you nor Sleight of Hand shall be liable for the failure to perform any of the obligations hereunder (other than the payment of money) during any period in which such performance is delayed by fire, flood, earthquake, other natural disaster, war, embargo, riot or the intervention of any government authority, provided that the party that is unable to perform immediately notifies the other party of such inability.

 

General

The Website may contain links to external websites that are not operated by us or our related bodies corporate. These links are provided for your convenience only and you agree that:

(a)           we make no representations or warranties, or have any responsibility or liability for those websites; and

(b)           these links do not indicate, expressly or impliedly, that we endorse the website or the products or services that are provided at those websites.

 

You agree that you access and use the products and services made available at our Website solely at your own risk.

If the whole or any part of a provision of our agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.

 

These terms and conditions are governed by the laws of New South Wales. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under Australian Consumer Law.

 

Sleight of Hand attempts to be as accurate as possible and uses its best endeavours to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to product descriptions or other content of this website, is accurate, complete, reliable, current or error-free.

Sleight of Hand does not represent or warrant that the functions within the website will be uninterrupted or error-free, that any defects will be corrected, or that the website or the server that makes the website available is free of viruses or other harmful elements.

You agree to indemnify, defend, and hold harmless each of Sleight of Hand, its officers, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs resulting from any violation of these Terms and Conditions or any activity (including negligent or wrongful conduct) by you or any other person accessing the Website.

 

Thank you for using the Sleight of Hand Service.

 

 

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