Terms of Service
For Learn with Mel
This agreement is in effect as of Apr 19, 2017.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarise yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
RESPONSIBLE USE AND CONDUCT
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account//s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorised activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
iii. Contains any type of unauthorised or unsolicited advertising;
iv. Impersonates any person or entity, including any Mel Armstrong - Illustrator employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
i. You agree to indemnify and hold harmless Mel Armstrong -Illustrator and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
COURSE: ACCESS, PAYMENT POLICY, AND REFUND POLICY
In addition to the terms set forth herein, the following terms apply if you purchase or access any online course available at learn.melarmstrong.com:
Access: The Art & Joy of Surface Pattern Design and any other online course on learn.melarmstrong.com (“Course”) is a digital product, which includes, but is not limited, to course content, written content, recorded video and audio content, live and pre-recorded calls, and discussions in Course-related forums (collectively, “Materials”). The Course is for your own personal use, not for agencies or companies. You agree not to share access to or the contents of the Course with anyone who is not a customer of record with the Company. In order to use the Course, 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 Course may be revoked, without refund, for failure to abide by these Terms of Service or for failure to make timely and full payments to the Company for your purchase of the Course.
Payment Policy: At the time of purchase, you will have the option of selecting between payment plans or a pay-in-full option. Regardless of whether you select a payment plan or a pay-in-full option, you agree to make timely and full payments to Mel Armstrong -Illustrator for the Course. If you choose the payment plan, your first payment will be made the day you enrol, with the following payments automatically made on the same day of the month for the following months. The full amount for the Course is due to Mel Armstrong - Illustrator even if you choose not to or are unable to complete the Course. You authorize Mel Armstrong -Illustrator to automatically charge the credit card on file for any and all Course balances owed and you agree to keep this information current and up-to-date with the Company. If any payment is insufficient or declined for any reason or if you cancel your payment subscription via PayPal or Stripe, Mel Armstrong -Illustrator may remove you from the Course without liability or refund. Your removal from the Course due to your failure to pay the requisite Course fee does not excuse you from your obligation to pay the amounts owed in full.
Early-Bird offers & Coupons for The Art & Joy of Surface Pattern Design: Early bird offers run from 22 February 2022 through to 1st March 2022. All offers after that period will be at the full price listed. Discounted coupons used for the pay-in-full option apply to the entire amount. Discounted coupons used for the payment plan option, only apply to the first payment. The remaining three payments will be at the normal price.
Refund Policy: Within fourteen (14) calendar days of the Course Start Date, you may request a full refund by contacting us at [email protected]. The Course Start Date is the first day you are given access to Lesson 1 of the Course. Requests for refunds will not be honoured before the Course Start Date or fourteen (14) calendar days after the Course Start Date. If a request for a refund is denied, any outstanding balance owed to the Company for the Course must be paid in full. If a refund is approved, the refund will be credited back to the original method of payment. Please note refunds may take 2-3 weeks to process and show on your account due to varying processing times between payment providers.
LIMITATION OF WARRANTIES
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Mel Armstrong - Illustrator or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
LIMITATION OF LIABILITY
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Mel Armstrong - Illustrator will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available on Mel Armstrong - Illustrator, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Mel Armstrong - Illustrator and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited unless specifically authorized by Mel Armstrong Illustration & Design.
TERMINATION OF USE
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This website is controlled by Mel Armstrong - Illustrator. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of our state, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, Mel Armstrong - Illustrator EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at: