Debbie Smith – Author

Terms and Conditions

This section sets out the Terms and Conditions under which Debbie Smith Author  (DSA) and StoryBox Arts agree to provide services to you and your child (“You”).
Please note: We are entitled to amend these Terms from time to time. Before making a booking, please check this page to ensure you understand the Terms which will apply at that time. These Terms were most recently updated on 01 March 2021.

• General Policy & Procedures

1.1. Debbie Smith Author and StoryBox Arts will provide a creative coach for each workshop or event to deliver artistic and educational programs, including after-school, in-school, and holiday programs.

1.2. Debbie Smith Author and StoryBox Arts reserve the right to replace creative coaches at any time.

1.3. Debbie Smith Author and StoryBox Arts reserve the right to use discretion when accepting new clients or when hiring help.

1.4. Workshop dates will be announced via the Debbie Smith Author website, Facebook Pages, and other relevant social media, newsletter, and any additional marketing channels.

1.5. All materials provided by Debbie Smith Author and StoryBox Arts to you remain the intellectual property of Debbie Smith Author.

1.6. It is YOUR RESPONSIBILITY to alert Debbie Smith Author and StoryBox Arts of any medical complaint/condition including behavioural, environmental, physical, or mental, suffered by Your child or yourself as a participant of a workshop or service provided by Debbie Smith Author.

1.7. Debbie Smith Author and StoryBox Arts maintain a comprehensive Public Liability Insurance policy, a copy of which is held at Debbie Smith Author’s office.

1.7.1 Debbie Smith Author and StoryBox Arts maintain up-to-date Working with Children – Positive Blue Exemption Card, and Criminal check certificates.

1.8. Debbie Smith Author and StoryBox Arts do not accept responsibility for the loss of, or damage to, personal belongings, including valuable items, brought onto the premises. Debbie Smith Author and StoryBox Arts will not be responsible for any items left at the venue by the student or You and will dispose of any such items if not claimed and collected by you within seven days from the end of the workshop/course. If you are on holiday from an area, other than our local area, then you are responsible for postage and handling costs if you require lost items to be on-forwarded.

1.9. Debbie Smith Author and StoryBox Arts cannot be held responsible for accidents or injuries that may occur as a result of children tripping, falling, or bumping into other children during workshop hours both on and off-site.

1.10. Debbie Smith Author and StoryBox Arts will fulfill their complete duty of care for each workshop participant but not for any extra persons brought on-site and cannot be held responsible for the supervision of your child and do not accept liability for any loss, accident, or injury that may occur prior or after scheduled workshop times. This includes outside space at the premises if available.

1.11. This agreement is governed by Qld State and National Laws and any dispute will be dealt with under the exclusive jurisdiction of the courts of Qld.

• Bookings & Payment

2.1. Upon completion of your order online or otherwise on a signed registration form, a contract will exist between You and Debbie Smith Author. and StoryBox Arts.

2.2. Workshop fees, tutor fees, or any other service invoices must be received in full prior to the child’s attendance or commencement of work by Debbie Smith Author.

2.3. At Debbie Smith Author and StoryBox Arts’ discretion (see T&C 1.3), it may be possible to transfer your paid booking to another person with no additional charges to be paid. An application/registration form will need to be completed by the new client before the commencement of the workshop/course or we may refuse the enrolment.

2.4. Debbie Smith Author and StoryBox Arts reserve the right to add any extra art materials costs to your invoice if they are not included in the workshop description.

2.5. If for any reason you are unable to submit your booking via our web booking system, regardless of the payment method chosen, a 10% administrative fee (up to $30) will be added to your order.

• Cancellation and Refund Policy

3.1. If You miss any workshop/course for one or more days, no refund is available. At the sole discretion of Debbie Smith Author and StoryBox Arts, and provided you notify us with 48 hours notice prior to the start of the program, you may be offered a make-up session if you miss one session due to illness during term-time. Make-up sessions are not guaranteed and will be via negotiation between yourself and Debbie Smith Author and StoryBox Arts. If you miss a creative workshop, at the sole discretion of Debbie Smith Author, and provided you provide us with 12 hours’ notice (medical only) prior to starting a creative session, a make-up session may be offered to be completed in the same week or the following week. If this is not achieved, the missed session will be forfeited with no refund.

3.2. In the event of cancellation by You. If You are unable to attend a workshop/course you have booked, it is YOUR RESPONSIBILITY to notify Debbie Smith Author and StoryBox Arts as soon as practical. Due to the time-sensitivity when booking workshops and courses, we cannot offer a REFUND. However, at the sole discretion and negotiation with Debbie Smith Author and StoryBox Arts, it may be possible to transfer ownership of the course or workshop to another suitable participant.

3.2.1. If you cancel your booking 30 calendar days or more prior to the commencement of the workshop/course then you are entitled to a refund less a 10% administrative fee (up to $30), with a limit of one refunded booking per year. Debbie Smith Author will not be liable for any charges incurred by you when sending a refund.

3.2.2. No refunds will be issued for bookings canceled less than 30 calendar days prior to the date of the course/workshop. Credits are not available for missed sessions or canceled bookings.

3.3. In the event of cancellation by Debbie Smith Author. On occasion, unforeseen circumstances pop up or where the number of bookings does not reach the minimum required to operate the program may require Debbie Smith Author to cancel a workshop/course or move you into a different session. Under these circumstances, You will be given as much notice of the cancellation as possible in writing, and either a transfer to another date or venue or a full refund of fees paid will be offered.

• Creative Workshop Sessions – Packages

4.1. Creative Workshop Sessions are sold as Packages (a minimum package of 5 weeks or by Term, 10 weeks) and are to be used weekly, or more frequently, from the agreed start date for maximum benefit to the student. Packages must be paid ahead of time and before sessions start.

4.2. Our creative coach/es will provide high-quality and consistent support to participants enrolled in Debbie Smith Author and StoryBox Arts creative programs, but the degree of ‘successful’ results or personal satisfaction and enjoyment will be dependent upon each individual participant. Debbie Smith Author and StoryBox Arts can ONLY guarantee responsibility to provide high-quality and supportive programs. Whilst we would expect participants to make improvements, and every effort is made to motivate, engage and support each participant, it is not possible to guarantee what levels of improvements are reached. Our creative workshops are designed for children and to develop their artistic and creative skills, enjoy a safe environment, and about having fun in the process.

4.3.  Withdrawal from Creative Sessions – a minimum of two weeks’ notice is to be given when discontinuing creative sessions.

• Change of Program

5.1  We will make every effort to deliver the program as advertised at the time of Your booking, but we reserve the right, without liability, to change the specifics of the program where circumstances beyond our control necessitate such changes. Should circumstances beyond our control dictate changes, Debbie Smith Author and StoryBox Arts reserve the right to make changes to all services provided including, but not limited to, the course program, teachers, locations and will promptly notify You in writing.

• Student Behaviour

6.1. Your child will be expected to behave appropriately, showing respect to the property, fellow students and the creative coach, and the ancillary staff. Disruptive behaviour, bullying, or aggressive attitude towards other students, parents, and Debbie Smith Author and StoryBox Arts staff will not be tolerated for whatever reason.

6.2. Debbie Smith Author reserves the right to refuse admission at any time or to remove any student whose attendance or behaviour is deemed unsatisfactory. Under such circumstances, Debbie Smith Author and StoryBox Arts will be under no obligation to refund any fees.

6.3. No food, sweets, nor drinks apart from still water will be permitted in the carpeted areas. No chewing gum is allowed on the premises.

• Health and Medical

7.1. Before we can accept your child as a participant, it is your obligation to provide information and instruction regarding their healthcare and medical needs. We accept students on the assumption that they are in good health unless otherwise stated in the registration form. It is YOUR responsibility and obligation to tell Debbie Smith Author and StoryBox Arts prior to the start of the program of any issue, allergy, or condition that may affect you or your child, including but not limited to ADHD, ASD, SEN, speech, and language difficulties, disabilities, food allergies or other medical conditions, including behavioural or social issues.

7.2. If your child joins our programs with a medical or behavioural condition that we did not know about, we reserve the right to remove your child from the program, if it is determined that we do not have the resources to meet your child’s needs and safeguard them properly.

7.3. In case of a medical emergency, Debbie Smith Author, and StoryBox Arts staff will call 000 for assistance and then call parent/custodian.

• Force Majeure

8.1. Debbie Smith Author and StoryBox Arts shall not be responsible for any delays in performing, or for any failure to perform, any of our obligations if the delay or failure was due to any cause beyond our reasonable control including, without limitation, war, strikes, governmental regulations or orders, national emergencies, pandemics, terrorism, lock-outs, fire, flood, drought or other natural disasters.

• Property Rights and Use of the Website

9.1 Unless otherwise stated, we, Debbie Smith Author and StoryBox Arts own the intellectual property rights in the website and material on the website. All our intellectual property rights are reserved. You may view, download and print pages or other content from the website for your personal use. You must not reproduce, duplicate, copy, sell, resell, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent. See additional notes regarding Website Terms and Conditions below.

• Changes to Terms and Conditions

10.1 We, Debbie Smith Author and StoryBox Arts reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.

 

Website Terms and Conditions

 

Please take the time to read these terms and conditions. By using Our Debbie Smith Author Website and the Services and information offered on Our Website, you are agreeing to these terms and conditions.

If you purchase products through our Website, there will be additional terms and conditions relating to the purchase. Please make sure you agree with these terms and conditions, which you will be directed to read prior to making your purchase.

Definitions

Services mean Tutoring Services – Children’s Creative Writing & Art workshops – Wag Tales – Author Visits – Information shared on website and blog – FB Page

the Website means the website Debbie Smith Author and StoryBox Arts

We / Us etc means Debbie Smith Author (DSA), StoryBox Arts (SBA), and any subsidiaries, affiliates, employees, officers, agents or assigns.

Accuracy of content

We have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency, or completeness of anything contained on this Website or on any linked site.

The information contained on this Website should not take the place of professional advice.

Use

The Website is made available for your use on your acceptance and compliance with these terms and conditions. By using this Website, you are agreeing to these terms and conditions.

You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules, and regulations.

You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.

If you contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent, spammed or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.

We reserve the right to refuse or terminate service to anyone at any time without notice or reason.

Passwords and logins

If applicable, you are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and log-in.

Indemnification for loss or damage

You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

Intellectual property and copyrights

We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts, and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence Agreement.

If you wish to use content, images, or other of our intellectual property, you should submit your request to us at the following email address:

debbie@debbiesmithauthor.com.au

Trademarks

The trademarks and logos contained on this Website are trademarks of Debbie Smith Author. Use of these trademarks is strictly prohibited except with Our express, written consent.

Links to external websites

This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, its content, or any associated website, product, or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites.

You may link to our articles or home page. However, you should not provide a link that suggests any association, approval, or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.

Limitation of Liability

We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our Services are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.

In consideration for being permitted to use the facilities and equipment located at Debbie Smith Author’s premises, Cooroibah, Qld, I agree that Debbie Smith Author shall not be liable for any damages arising from any personal injuries sustained by any guest or participant on or about the premises of Debbie Smith Author. In attending Debbie Smith Author StoryBox Arts Garage Studio, I agree to do so at my own risk. I assume full responsibility for any injuries or damages which may occur to me, or my child, using the studio facilities and equipment, and hereby fully and forever release and discharge Debbie Smith Author, its owners, employees, and agents from any and all claims, demands, damages, rights of action, or causes of actions, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of my or a member’s use or intended use of the facilities and equipment of Debbie Smith Author’s premises. I warrant, represent, and agree that I am, my child is, in good physical condition, and have no disability, impairment, or ailment preventing me from engaging in active or passive exercise that will be detrimental to health, safety, comfort, or physical condition if I do so engage or participate. Debbie Smith Author shall not be liable for the loss or theft, or damage to, the personal property of a guest or member.

Information Collection

Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy. By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy. To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here.

Confidentiality

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Qld, Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in Qld, Australia.

We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.

Other terms ~

Refunds & Credits

If Debbie Smith Author and StoryBox Arts must cancel an event, we will try to reschedule it for a later date. If we cannot reschedule the event, or if you are unable to attend on the amended date, your payment will be refunded in full. Debbie Smith Author does not refund events, workshops, or tutor sessions because you change your mind.

Except in special circumstances, if you cancel a booking for, or are unable to attend an event, workshop, seminar, or course, Debbie Smith Author cannot provide a refund. In exceptional circumstances, we may be able to offer you a credit for an alternative event or program.  Credits must be redeemed within three months of issue or at a later date at Debbie Smith Author’s discretion. You can contact us here to discuss.

© Debbie Smith Author – 2016-2021