Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the gardenclearinga.shop website (the "Service") operated by Gardenclearinga Online Art School ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

1. Services

Gardenclearinga provides online art education services, including but not limited to digital art courses, instructional content, feedback on artwork, online community features, and related educational materials ("Content").

All Content is provided for educational and informational purposes only. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without notice.

2. Accounts

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

3. Course Enrollment and Payment

By enrolling in a course, you agree to pay the associated fees as described at the time of enrollment. All payments are processed through secure third-party payment processors.

Course prices are subject to change, but changes will not affect courses you have already enrolled in. Once enrolled in a course, you will have access for the period specified in the course description, which may be lifetime access unless otherwise stated.

4. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Gardenclearinga and its licensors. The Service is protected by copyright, trademark, and other laws of both New Zealand and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Gardenclearinga.

Course materials, videos, lessons, assignments, and other content provided as part of our courses are licensed, not sold, to you. You are granted a limited, non-exclusive, non-transferable license to access and use the course materials for your personal, non-commercial educational purposes only.

Student Work

You retain all rights to artwork and other creative content you create as part of our courses. By sharing your work on our platforms, you grant us a non-exclusive license to showcase, promote, or feature your work on our website, social media, or marketing materials to demonstrate student achievements. If you do not wish your work to be featured, please contact us directly.

5. User Conduct

By using our Service, you agree not to:

• Use the Service in any way that violates any applicable national or international law or regulation;
• Use the Service for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way;
• Transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation;
• Impersonate or attempt to impersonate Gardenclearinga, a Gardenclearinga employee, another user, or any other person or entity;
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service;
• Use the Service in any manner that could disable, overburden, damage, or impair the site;
• Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service;
• Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent;
• Use any device, software, or routine that interferes with the proper working of the Service;
• Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.

6. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

7. Limitation of Liability

In no event shall Gardenclearinga, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

1. your access to or use of or inability to access or use the Service;
2. any conduct or content of any third party on the Service;
3. any content obtained from the Service; and
4. unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.

8. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Gardenclearinga, its subsidiaries, affiliates, and its licensors do not warrant that:

1. the Service will function uninterrupted, secure or available at any particular time or location;
2. any errors or defects will be corrected;
3. the Service is free of viruses or other harmful components; or
4. the results of using the Service will meet your requirements.

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

10. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

11. Contact Us

If you have any questions about these Terms, please contact us:

Gardenclearinga Online Art School
24 Kekerenga Street, Strathmore Park
Wellington 6022, New Zealand
Email: [email protected]
Phone: +64 21 243 5004