Terms of Service

Introduction

Welcome to UpBeat Creative Arts Therapy ("I", "we," "our," "us"). These Terms of Service ("Terms") govern your use of my website [www.upbeatcat.com.au] and my services. By accessing or using my website and services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use my website or services.

Use of Our Services

  1. Eligibility
    • You must be at least 18 years old to use my services. By using my services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.
  2. Account Registration
    • You may be required to register for an account to access certain features of our services. You agree to provide accurate, current, and complete information during the registration process and to update such information as needed. You are responsible for safeguarding your account password and any activities or actions under your account.
  3. Prohibited Activities
    • Violating any applicable laws or regulations.
    • Infringing upon or violating our intellectual property rights or the intellectual property rights of others.
    • Engaging in any harmful, fraudulent, deceptive, or otherwise objectionable activity.
    • Interfering with or disrupting the integrity or performance of my services or the data contained therein.
    • Attempting to gain unauthorised access to my services or related systems or networks.
    • You agree not to engage in any of the following prohibited activities:

Intellectual Property

  1. Ownership
    • All content, features, and functionality on my website and services, including but not limited to text, graphics, logos, images, and software, are the exclusive property of UpBeat Creative Arts Therapy and are protected by copyright, trademark, and other intellectual property laws.
  2. License
    • I grant you a limited, non-exclusive, non-transferable, and revocable license to access and use my website and services for personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on my website except as authorised by these Terms.

Payment and Refunds

  1. Payment Terms
    • All fees for my services are due at the time of purchase. I accept various forms of payment, as indicated on my website. By providing payment information, you represent and warrant that you are authorised to use the payment method and that you authorise me to charge the payment method for the total amount of your purchase.
  2. Refund Policy
    • At UpBeat Creative Arts Therapy, I am committed to providing high-quality resources and services. However, due to the nature of digital products and services, I have the following refund policy in place:

      1. Digital Products
        Refunds are not available for digital products, including sample modules, downloadable resources, or online courses, once they have been accessed or downloaded.

      2. Workshops and Live Sessions
        Refunds for workshops or live sessions are available if cancellation is made at least 48 hours prior to the scheduled start time. Cancellations made within 48 hours of the session will not be eligible for a refund.

      3. Exceptional Circumstances
        Refunds may be considered on a case-by-case basis in exceptional circumstances. Please contact me at [email protected] to discuss your situation.

      4. Processing Time
        Approved refunds will be processed within 7-10 business days and returned via the original payment method.

      By purchasing or accessing my services, you agree to this refund policy.

      If you have any questions or concerns about my refund policy, please contact me at [email protected] 

Limitation of Liability

  1. Disclaimer of Warranties
    • My services are provided "as is" and "as available" without any warranties, either express or implied. I do not warrant my services being uninterrupted, error-free, or free of viruses or other harmful components.
  2. Limitation of Liability
    • To the fullest extent permitted by law, UpBeat Creative Arts Therapy shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use my services; (ii) any unauthorised access to or use of my servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from my services; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through my services by any third party; or (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through my services.

Indemnification

You agree to indemnify, defend, and hold harmless UpBeat Creative Arts Therapy, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of my services or your violation of these Terms.

Governing Law

These Terms shall be governed by and construed under the laws of Victoria, Australia, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Victoria, Australia, and you hereby consent to the personal jurisdiction and venue therein.

Changes to These Terms

I reserve the right to modify or replace these Terms at any time. If I make material changes, I will provide notice through my website or by other means to provide you the opportunity to review the changes before they become effective. Your continued use of my services after the changes become effective constitutes your acceptance of the new Terms.

Contact Us

If you have any questions about these Terms, please get in touch with me at [email protected]