Terms of Service

STENCIL

This Agreement governs the relationship between the Client and Joanne Hoy. By clicking 'I agree', or otherwise attending The Stencil Program workshops, the Client agrees to be bound by and abide by this Agreement.

1. Defined Terms

Agreement means the Contract Details together with these terms and conditions.

Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) as given effect under Part XI of the Competition and Consumer Act 2010 (Cth), and under the same or similar provisions of the relevant State or Territory's applicable Act which specifies that the Australian Consumer Law is a law of the relevant jurisdiction, as amended or replaced from time to time.

Client means the person who receives the Services from Joanne Hoy.

Commencement Date means the date set out in the Contract Details.

Confidential Information means all information disclosed by or on behalf of Joanne Hoy or a workshop participant to the Client in connection with this Agreement or the Services, or created using that information, which is:

confidential in nature;
designated as confidential; or
which a reasonable person receiving the information would realise is sensitive or confidential, and all information to the extent it is derived from that information. Confidential Information does not include any information which:
is or becomes public, except through breach of a confidentiality obligation;
the Client can demonstrate was already in its possession of, or was independently developed by, the Client; or
the Client receives from another person on a non-confidential basis, except through breach of a confidentiality obligation.

Consumer means a consumer within the meaning of section 3 of the Australian Consumer Law.

Contract Details means the details set out on the cover page and entitled 'Contract Details'.

Fees means the fees set out in the Contract Details.

GST Law has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Intellectual Property Rights includes all copyright, trade mark, design, patents, semiconductor or circuit layout rights and other proprietary rights, and any rights to registration of such rights existing anywhere in the world, whether created before or after the date of this Agreement.

Law means any applicable statute, regulation, by-law, ordinance or subordinate legislation in force from time to time in the relevant jurisdiction, and includes the common law and equity as applicable from time to time and any applicable industry codes of conduct.

Materials has the meaning given to that term in clause 11.

Personal Information has the meaning given in the Privacy Act 1988 (Cth).

Services means the services set out in the Contract Details.

Term means the term set out in the Contract Details.

User Content has the meaning given to that term in clause 12.

Website means Joanne Hoy's website(s) as published and updated from time to time.

2. Term

This Agreement commences on the Commencement Date and continues for the Term.

3. Services

Joanne Hoy agrees to perform the Services to the Client in consideration for the Client paying the Fees, in accordance with this Agreement.
Joanne Hoy will use reasonable endeavours to complete the Services:
1. to the standard to be reasonably expected from a person engaged in providing the type of services similar to the Services; and
2. in accordance with all Laws.
Joanne Hoy will perform the Services via the Website or otherwise online, and at the date and time specified during purchase of the Services, or as subsequently agreed with, or reasonably notified to, the Client.
The Client acknowledges and agrees that the information provided on the Website and through delivery of the Services is for general information only.

4. Subcontracting

Joanne Hoy may subcontract one or more aspects of the Services to subcontractors adequately experienced to perform the duties allocated to them.

5. Account Registration

In order to use certain functionality of the Website or otherwise online, or to purchase our Services, the Client must register with a valid email address and create an account (Account).
The Client is responsible for maintaining the confidentiality and security of their Account and password, and accepts responsibility for all activities that occur under their Account.
If the Client reasonably believes that their Account is no longer secure (for example, in the event of loss, theft or unauthorised disclosure or use of their username and password, then they must promptly notify Joanne Hoy.
The Client agrees to provide to Joanne Hoy, including when the Client creates an Account, and at any other time, information that is true, accurate, current and complete.

6. Client obligations

The Client must arrange access to the internet and a suitable device to access the Website and/or receive the Services. The Client is responsible for internet access, data downloads and other network charges arising from their use of the Website or otherwise online.
The Client is responsible for the operation and maintenance of their device. This includes installing a compatible operating system and software (if applicable).

7. Technical information and security

The transmission of data over the internet and/or cellular network is not always secure. Although we endeavour to secure the Website or otherwise online and the Services, the Client accesses the Website or otherwise online and the Services at their own risk, and Joanne Hoy accept no responsibility for any interference, loss, damage, or disruption to the Client's device or otherwise which arises in connection with the Client's use of the Website or otherwise online or receipt of the Services.
The Client acknowledges that it is their responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy their particular requirements for the accuracy of data input and output.
Joanne Hoy may change the operating platforms and/or system requirements to use the Website or otherwise online or the Services from time to time. The Client may need to download or perform updates if they would like to continue their use of the Website or otherwise online or the Services. Joanne Hoy does not accept any responsibility if the Client's use of the Website or otherwise online or the Services is affected due to changed requirements and platforms.
Joanne Hoy does not warrant that functions available on the Website or otherwise online or the Services will be uninterrupted or error free, free of viruses, programming bugs or interferences due to factors outside of its control.

8. Limitations on use

By accessing and using the Website the Client warrants and agrees to:

not use the Website for any purpose not permitted under this Agreement;
not copy, transmit, distribute, reproduce, alter, reverse engineer, adapt or modify the whole or any part of the Website in any way whatsoever;
not hide, deface, alter or delete any copyright symbol, trade mark or other proprietary rights notice;
not use the Website for any activity which is obscene, indecent, offensive or defamatory;
not hack into, change or otherwise knowingly transmit a virus or otherwise damage the Website or otherwise online or any information contained within it;
refrain from tampering with, hindering the operation of or making unauthorised modifications to the Website or otherwise online;
refrain from uploading onto the Website any material, or use the Website in any way which:
1. infringes the intellectual property rights of any person; or
2. is unlawful or violates any law; and
not breach any other terms of this Agreement.

9. Fees

In consideration of the provision of the Services, the Client must pay Joanne Hoy the applicable Fees in advance, using a payment method accepted by Joanne Hoy from time to time.
The Fees are inclusive of all charges, expenses and overheads, and all taxes and duties, except for GST.
The Client warrants that they are authorised and able to make payment in the manner selected by the Client.

10. GST

In this clause 10, words and expressions which have a defined meaning in GST Law have the same meaning as in the GST Law.
Unless expressly stated, all moneys or other sums payable or consideration to be provided under this Agreement are exclusive of GST.
If GST is payable on any supply made under this Agreement, the recipient will pay to the supplier an amount equal to the GST payable on the supply at the same time that the consideration for the supply is to be provided under this Agreement.
The supplier must deliver a tax invoice or an adjustment note to the recipient before the supplier is entitled to payment of an amount under clause 10(c).
If an adjustment event arises in respect of a taxable supply made by a supplier under this Agreement, the amount payable by the recipient under clause 10(c) will be recalculated to reflect the adjustment event and a payment will be made by the recipient to the supplier or by the supplier to the recipient as the case requires.

11. Intellectual Property Rights

Subject to clause 12, the Client agrees that as between the Client and Joanne Hoy, all Intellectual Property Rights in Joanne Hoy Services, Website or otherwise online, products, methodologies and resources (together, Materials) are owned by and remain vested in Joanne Hoy, and any adaptation, translation or derivative of such Materials by or on behalf of the Client vests in, or is transferred or assigned to, Joanne Hoy immediately on creation.

12. User Content

Joanne Hoy does not claim ownership of any content the Client provides through or in connection with the Website (User Content). However, by providing User Content to us, the Client grants Joanne Hoy a worldwide, irrevocable, perpetual, royalty-free, sub-licensable licence to us to use, reproduce, modify, communicate to the public and adapt that content, on the Website or otherwise online and through any other means.

13. Confidentiality

The Client must keep confidential and must not use or disclose, without the prior written consent of Joanne Hoy, any Confidential Information. The Client may disclose Confidential Information to the extent required by Law.

14. Privacy

The Client consents to Joanne Hoy collecting, using and disclosing the Personal Information of the Client including for:
1. discharging its obligations under this Agreement including to provide The Stencil Program workshops; and
  1. reporting and legal requirements, including internal administration, operations, accounting, risk management, record keeping, archiving, systems development and testing, and other management requirements.
2. The Client understands and agrees that:
  1. the Website or otherwise online is hosted in the cloud and information may be stored by hosting service providers to enable them to perform the hosting services on Joanne Hoy' behalf; and
  2. servers may be located outside of Australia and this may result in the transfer of the Client's Personal Information to other jurisdictions, including the USA.

15. Liability and indemnity

No exclusion or limitation
1. To the extent that the Client acquires goods or services from Joanne Hoy as a Consumer, the Client may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement.
2. Nothing in this clause 15 operates to exclude, restrict or modify the application of any implied condition, guarantee or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred under the Australian Consumer Law or any other statute, the exclusion, restriction or modification of which would:
  1. contravene that statute; or
  2. cause any term of this Agreement to be void, (Non-excludable Obligation).

Exclusions

Except in relation to Non-excludable Obligations, and to the extent permitted by law:

you acknowledge that the Website or otherwise online is provided "as is" and that we do not make any warranty or representation as to the suitability of the Website or otherwise online or the Services for any purpose; and
all conditions, warranties, guarantees, rights, remedies, liabilities or other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on Joanne Hoy are expressly excluded under this Agreement.

Limitation of liability

Except in relation to Non-excludable Obligations, the liability of Joanne Hoy and its officers, employees, agents, contractors, service providers, successors or assigns, to the Client, arising directly or indirectly under or in connection with this Agreement or the performance or non-performance of this Agreement, and whether arising under any contract, indemnity, statute, in tort (for negligence or otherwise), or on any other basis in law or equity whatsoever, is limited as follows:

liability is excluded for any loss, harm, damage, cost or expense (including legal fees) in the nature of special, indirect or consequential loss or damage (including, without limitation, economic loss, loss of contract, loss of profit or revenue, loss of use or loss of opportunity); and
the aggregate liability of Joanne Hoy to the Client is otherwise limited to an amount not exceeding the consideration paid by the Client under this Agreement.

16. Dispute resolution

Joanne Hoy and the Client must attempt to resolve any dispute, difference of opinion or question arising out of this Agreement by engaging in good faith negotiations.
No dispute may be referred to litigation before negotiations in accordance with clause 16(a) take place, however, nothing in this clause limits either party from seeking urgent interlocutory relief.

17. Force majeure

Joanne Hoy is not liable for any failure to perform or delay in performing her obligations under this Agreement if that failure or delay is due to anything beyond its reasonable control. If that failure or delay exceeds 60 days, the Client may terminate this Agreement with immediate effect by giving written notice to Joanne Hoy.
If the Agreement is terminated in accordance with this clause 17 by the Client, any Fees paid in advance and unused by the Client will be refunded by Joanne Hoy in full.

18. Termination

Either party may terminate this Agreement with immediate effect by giving written notice to the other party.
If at the time of termination, the Client has already paid Fees for Services (e.g. a workshop) in advance which the Client has not used, if such termination takes effect:
1. more than 24 hours before the Services are scheduled to take place, Joanne Hoy will refund in full those Fees to the Client; or
2. 24 hours or less before the Services are scheduled to take place, Joanne Hoy will refund the Fees to the Client less a small administration fee up to 5% of the Fees paid for the relevant Services.

remedies of either party.

19. General

This Agreement may be altered only in writing signed by each party.
Nothing in this Agreement creates or implies an obligation of exclusivity on either party.
This Agreement does not create a relationship of employment, trust, agency or partnership between the parties.
The Client must not assign or otherwise transfer any right or obligation under this Agreement without prior written consent of Joanne Hoy.
Joanne Hoy may assign or otherwise transfer any or all of its rights and obligations under this Agreement by giving written notice to the Client.
If any provision of the Agreement is held to be invalid or unenforceable in whole or in part, the validity of other provisions of the Agreement and the remainder of the provision in question will not be affected.
This Agreement is governed by and to be construed in accordance with the laws of Queensland, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and courts that hear appeals from those courts.
This Agreement constitutes the entire agreement between the parties in connection with its subject matter and supersedes all previous agreements or understandings between the parties in connection with its subject matter.
Any term by its nature intended to survive termination or expiry of this Agreement survives termination or expiry of this Agreement, including clauses 1, 10, 12, 13, 14, 15, 16, 17(b), 18 and this clause 19.
The Website and the Services may be accessed throughout Australia and overseas. We make no representation that the Website or the Services comply with the laws of any country outside Australia. If the Client accesses the Website or the Services from outside Australia, it is at the Client's own risk and the Client is responsible for complying with the laws in the place where the Website or the Services are accessed. To the extent permitted by law, Joanne Hoy excludes all liability for any failure of the Website or the Services to comply with the laws of any jurisdiction outside of Australia.

STENCIL

​Terms of Service

Terms of Service