Terms of Service
Website Terms Of Service
Welcome to our website. By continuing to browse or use this website, you indicate your acceptance of these terms of service. If you do not accept these terms, you are not authorized to use this website. We may amend these terms at any time, and you should check for updates from time to time. The amended Terms of Service will be effective from the date they are posted on this website.
This website is owned and operated by Elder Care Alliance DBA Create Art At Work, whose registered address is 1301 Marina Village Parkway, Suite 210, Alameda, CA 94501 and Tax ID 94-3260975. Create Art At Work is referred to in these terms as “we”, and “us”.
We try to ensure that the website operates correctly and runs smoothly. However, we don’t accept any responsibility or liability to you if this website becomes temporarily unavailable due to technical issues, or issues beyond our control. We do not guarantee that this website will be compatible with all or any hardware and software which you may use.
You should keep your registration details (including your password and log-in) secure and must not give them to any other person. You are responsible for all activity carried out using your registration details, whether or not you have allowed or facilitated it. If you discover or suspect that your registration details are known by a third party or are being used without authorisation, you must tell us immediately.
You should keep all your personal information up to date. You may add additional addresses as required, and set a default address for delivery. Please note that we will not retain your credit or debit card details.
When logged in to your account, you will be able to check and edit your personal information, see your order history and wishlist and manage your newsletter subscriptions.
The website and any property belonging to or associated with us, including any trade mark or trade name, logos and software, and all information and other content on the website (including, but without limitation, text, graphics, videos, music, sound and links) is and remains at all times our property or is used under licence and is protected under international treaty provisions and world-wide copyright laws and you agree that you will not infringe any such rights in any way.
Without our prior written permission, you may not copy, modify, alter, reproduce, create derivative works from, publish, broadcast, distribute, sell, transfer or exploit any material on this website or the underlying software code whether in whole or in part. However, the contents of this website may be downloaded, printed or copied for your personal non-commercial use, or if you are a business customer, for purposes which are necessary to our business relationship.
You may only use this website in line with these terms, and for lawful and proper purposes. You must comply with all applicable laws, regulations and codes of practice within the United States or other jurisdiction from which you are accessing this website. In particular, you agree that you will not:
- Use this website in a manner which causes or may cause an infringement of the rights of any other person or which violates any applicable law or regulation;
- Make any unauthorized, false or fraudulent bookings;
- Use any software, routine, engine or other device to interfere or attempt to interfere electronically or manually with the operation and look of this website, or to breach or attempt to breach its security.
We reserve the right in our sole and absolute discretion to restrict or prohibit your access to this website at any time and for any reason. If you violate any of these terms, your permission to use this website shall terminate immediately without the necessity for any notice.
Any personal information you supply to us when you use this website will be processed in accordance with our Data Protection Policy. By using this website you consent to such processing and warrant that all data provided by you is accurate.
Keeping the information on this website accurate and up-to-date is one of our highest priorities. However, while we try to ensure that it is accurate, reliable, timely and complete, we do not accept liability for any inaccurate, unreliable, untimely or incomplete information contained therein, or for any reliance placed upon it by you.
The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude all conditions, warranties and other terms with might otherwise be implied by statute, common law or the law of equity and all liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of this website and for any other loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise.
While we try to ensure that the website is secure, we cannot guarantee the security of your personal information, nor that the website (or any website to which you may be linked) is free from viruses or similar matters that may damage your website, computer or systems. We accept no responsibility for any loss of data, or for any denial, restriction or interruption of access.
Nothing in these terms affects our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
Links To Other Websites
This website may include links to other internet sites for information purposes. These links are provided for your convenience to provide further information. We do not endorse any such websites and we are not responsible for the information, material, products or services contained on or accessible through those websites. We can also give no guarantee they are free from viruses or anything else that could be infectious or destructive. You access and use those websites entirely at your own risk.
You may only link to this website with our express written permission. We expressly reserve the right to withdraw our consent at any time to a link which in our sole opinion is inappropriate or controversial. You must not establish a link for any website which is not owned by you.
You agree to indemnify, defend and hold us harmless from any and all liability, damage, loss, claim and expense (including reasonable legal fees) related to any breach by you of these Terms of Service.
Law And Jurisdiction
Your use of this website, any material downloaded from it and the operation of these Terms and Use shall be governed by, construed and interpreted in accordance with the laws of the United States and you agree to submit to the non-exclusive jurisdiction of the United States courts. We reserve the right to bring proceedings in the courts of the country of your residence or any other country.
Our Terms & Conditions For Bookings
Making a booking on the Create Art At Work website involves creating a legally binding contract, the “Agreement”, between you, all of your Guests, and us. The parties to this Agreement are: (1) the person who makes the booking and enters into the Agreement and all Guests made under the same booking, referred to throughout the Agreement as “you” or “your”, and (2) our company, Elder Care Alliance DBA Create Art At Work, whose registered address is 1301 Marina Village Parkway, Suite 210, Alameda, CA 94501 and Tax ID 94-3260975. Elder Care Alliance DBA Create Art At Work is referred to in this Agreement as the “Company”, “we”, and “us”. By making the booking on behalf of one or more Guests you confirm that you are authorised to agree to these terms and conditions on behalf of each Guest.
We provide our events and services to you subject to this Agreement, so as always with a binding contract, you should read through it carefully before making a booking. We may make changes to the terms and conditions of this Agreement, but the latest version will always appear on this page. If you continue to use our website or services after changes have been made, you will be considered to have accepted the changes to the Agreement between us.
In this Agreement, the following capitalized words have these specific meanings.
‘Event’ means any event or facility offered on the website, including without limitation classes, events, intensives, workshops, meals, weekends, and renting of premises.
‘Day Event’ means any Event not involving an overnight stay.
‘Guest’ means a person (including friends, relatives, acquaintances, employees, employers or any other person with whom you have a business relationship) attending an Event under a booking made by you.
‘Overnight Event’ means any Event involving the provision to you of at least one night’s accommodation.
‘International Event’ means any Event which takes place at a location outside of the United States.
When you book with us through our website, the booking won’t be confirmed until we send you your electronic ticket, even if you‘ve transferred money to us. We do reserve the right to refuse bookings for any lawful reason, although we don’t expect to have to do this very often.
We will usually email you your e-ticket, to the email address provided when you set up your account, within 48 hours of booking. If you have not received your e-ticket within 48 hours of booking, please check your spam or junk email folder or filter and then contact us. It is your responsibility to ensure that your email is set up to allow you to receive your e-ticket, and we cannot accept any liability for any consequences of your not doing so.
You’ll need to bring all your e-ticket(s) with you to the Event and show them at the door to be admitted, so make sure you have access to a printer and that you check the details carefully as soon as you receive the email. It is your responsibility to do this and we won’t be able to help if you get the date, time or location wrong, or to admit you to the Event if you forget to bring your e-ticket along. Incidentally, it’s fine to bring along any Internet-enabled device such as iPhones or Blackberries in order to show us your ticket, but make sure it’s charged and functioning, as we won’t be able to admit you unless the ticket is displayed to our satisfaction.
The price for each Event is displayed on the website and must be paid in full, and in the currency stated, by debit or credit card at the time of booking. On very rare occasions, the price might change due to unforeseen events, but you will always have the opportunity to cancel in the event that the price increases.
Gift vouchers must be used within 12 months of the purchase date. So if someone has been kind enough to buy you one, or if you’re buying a voucher for someone else, do make a note of the purchase date and remember to use the voucher before it expires.
If you have any special dietary, health or other requirements, please notify us at the time of booking at email@example.com. We will try to accommodate you, although we cannot guarantee that we will be able to. If it turns out that we are unable to meet your requirements, you can cancel your booking up to 7 days for Classes and Special Events/up to 30 days for Half Day or Full Day Workshops, Courses and Intensives in advance as normal and get a full refund. However, if you fail to notify us in advance and cancel within the stated period(s) as a result of our inability to accommodate you, we will not be able to offer a refund. In view of this, if you are booking within the relevant period, it is your responsibility to email us in advance of booking and obtain confirmation via email that we can accommodate you.
Cancellations Or Changes To Bookings
We want you to book with confidence, and as such we will accept cancellations up to 7 days before Classes and Special Events or 30 days before Half Day or Full Day Workshops, Courses and Intensives, refunding your money in full. The refund terms and conditions will be clearly explained during the booking process for each event and will also be repeated in your e-ticket. Please note, refunds can only be made to the original card used to make the order. If this is not possible, then we will raise a gift voucher for the correct value. You must notify us by email at firstname.lastname@example.org, and we must receive your email, in order to receive a refund. Fewer than 7 days before a Class and Special Event or 30 days before Conference, Half Day or Full Day Workshops, Courses and Intensives, though, we won’t be able to offer you a refund.
If you need to change the date of your ticket, or the name of the ticket holder, you’ll need to cancel, by emailing email@example.com, and rebook. Unfortunately, we can’t alter the dates of tickets or the names of ticket holders.
If we need to cancel an Event for any reason, we may do so at any time before the Event is scheduled to begin. We do not expect this to happen except in exceptional circumstances, and of course we’ll refund your ticket money in full, or offer you a choice of alternative date or Event, but we won’t be able to compensate you for any other expenses you’ve incurred in connection with the Event.
We will try to notify you of cancellations, but we can’t guarantee this, especially when an Event is cancelled at short notice. Keeping your details updated by logging into the website will give us a better chance of reaching you in time.
While speakers, topics and timings confirmed at the time of publishing, circumstances beyond the control of Create Art At Work may necessitate substitutions, alterations or cancellations of the speaker, timings and/or topics. Any substitutions or alterations will be updated on our web page as soon as possible.
Attendance And Conduct
Please ensure you arrive on time for your Event. For the benefit of all attendees, we will not admit you to your Event any later than: (a) for Day Events or International Events, 30 minutes after the advertised start time; or (b) for Overnight Events, one hour after the advertised start time. In addition, we may have to carry out security searches on occasion, and admittance will be conditional on your co-operation.
We may sometimes film, photograph or otherwise record our Events. Please note that your consent to being filmed or recorded as an attendee is a condition of this contract. By buying a ticket, you confirm the consent of you and all your Guests to being filmed or recorded. The recordings may be made available to the public via the website or by other means.
For everyone’s sake, we (and on our behalf, the staff of the venue) reserve the right to refuse you and/or any Guest admission or ask you and/or any Guest to leave if we think you and/or they are behaving in a disruptive way or in a way that violates the venue’s rules, or in a way that is likely to cause damage, nuisance, offence or injury. Just to be clear, this kind of behavior includes using mobile phones after being asked to turn them off, or using recording or photographic equipment without authorization. We will not issue any refund in this event.
We also request, and by entering into this Agreement you agree, to ensure that you and all Guest(s) attending an Event under a booking made by you comply with all health and safety, licensing, and other rules and regulations of the venue or applicable to the venue. It is your responsibility to familiarise yourself and all Guest(s) with any rules and regulations that apply. You also agree not to bring in any illegal or hazardous items.
You also agree to comply with any reasonable request by the staff at the venue or supervising the Event (for example, without limitation, requests relating to health and safety).
Limitations Of Liability
Nothing in this Agreement excludes or limits our liability for personal injury or death caused by our negligence or in any other circumstance where such limitation of liability is not permitted by applicable law. The following two paragraphs apply subject to this paragraph, the provisions of which shall prevail in the event of any conflict.
Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with this Agreement, shall be limited to the total amount received by us from you in connection with the Event or Event(s) giving rise to such liability.
You attend and participate in Events at your own risk. We accept no responsibility for any of the following:
- In respect of any person prevented from entering a venue, or asked to leave due to their conduct;
- Costs or expenses whatsoever or howsoever arising out of or in connection with any Event
- Loss or damage to personal property
- Personal injury, except as set out above. Liability is specifically excluded in respect of any dietary, health or other special requirement of which we were not informed at the time of booking
- Loss of data, profit, revenue, use, business, anticipated savings, goodwill, reputation or opportunity, financial or economic loss or any indirect or consequential loss or damage.
Data Security: In processing your personal data, we comply with all applicable Data Secutiry legislation. Please see our Data Security Policy for details.
Intellectual Property: All materials provided to you by us or by our staff or speakers or associates, and any intellectual property belonging to or associated with our company and/or services, including any website, trade mark or trade name, logo, software, text and graphics are the sole property of the Company or our speakers or associates, and you agree that you will not infringe any such rights in any way. You can make a copy of materials provided for your own personal use, but no other use of them is authorized.
Force Majeure: We will not be liable for any breach of this Agreement which is a result of circumstances beyond our reasonable control, including but not limited to strike, lock-out, labour dispute, acts of God, acts of terrorism, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, insolvency or bankruptcy of either party or any third party, fire, flood, snow and storm, exceptional weather conditions, difficulty or increased cost in obtaining workers, goods or transport and other circumstances affecting the supply of goods or services.
Rights of Third Parties: A person who is not a party to this contract has no rights to rely upon or enforce any term of this contract.
Assignment: You may not transfer, assign or otherwise dispose of your interest in this Agreement without our prior written consent.
Severability: If any provision in this Agreement is deemed to be illegal, unenforceable or invalid for any reason, it shall be deemed to have been struck out and the remaining provisions shall survive and continue to be binding and enforceable.
No waiver: Any failure by us to enforce any provision of this Agreement at any time shall not be construed as a waiver of such provision and shall not affect our right to enforce such provision.
Variation: This Agreement may only be varied by express written agreement of the parties.
Jurisdiction: The construction, validity and performance of this Agreement shall be governed by the law of the United States and California, and both parties submit to the exclusive jurisdiction of the United States courts.
Retail Terms and Conditions
Our Terms and Conditions for Purchases
This Agreement applies to your purchases of Product(s) from this Website. The parties to this Agreement are: (1) the person who makes the purchase, referred to throughout the Agreement as “you” or “your”, and (2) our company, Elder Care Alliance DBA Create Art AtWork, whose registered address is 1301 Marina Village Parkway, Suite 210, Alameda, CA 94501 and Tax ID 94-3260975. Create Art At Work is referred to in this Agreement as the “Company”, “we”, and “us”.
We may make changes to the terms and conditions of this Agreement, but the latest version will always appear on this page. Any changes to this Agreement will apply to all new orders placed after the change is published on the Website. You should check this Agreement before each order you place, in case it has changed since your last visit.
Separate terms and conditions apply for bookings with The School of Life, and to your use of the Website. By using the Website (even if you don't buy any goods) you also agree to be bound by the Website Terms of Service. In the event of a conflict between this Agreement and the Website Terms of Service, this Agreement will prevail.
In this Agreement, the following capitalized words have these specific meanings.
‘Product’ means an item available for sale on the Website.
‘Website’ means the Create Art At Work Website.
Orders of Product(s) are subject to availability. When you place an order, we will confirm it by email, but the order will only become legally binding on us when we send you an email confirming dispatch of the Product(s). If we cannot fulfil your order for any reason, we will notify you as soon as we reasonably can.
We try to ensure that product details displayed on the Website are correct and up-to-date. However, any error or omission in any information on the Website, or in any other communication or document issued by us, may be corrected without any liability on our part. You will then be given the option of re-confirming your order at the correct price or cancelling your order. If you have already paid for the Product(s) at the erroneous price, you will receive a full refund if you decide to cancel.
Images of products on the Website are intended as a guide and the actual product may differ slightly in some respects. All weights and dimensions given are approximate.
Before clicking the ‘Confirm Order’ button, you should check that your order summary is correct. You should print or retain your email confirmation in case you need to contact us about your order.
Unless otherwise stated, all prices shown on the Website are not inclusive of taxes. Taxes are shown separately. The prices shown also do not include the shipping fee, which will be added to your total order price.
Orders must be paid for immediately by credit or debit card. If we cannot accept your order for any reason, we will process a full refund within seven days.
Shipping and delivery times depend on delivery method chosen:
Regular Shipping (not tracked): 4-5 days
Expedited Shipping (tracked): 2-3 days
Please note we are currently dealing with a very large volume of orders and so delivery times will take longer than usual.
We will endeavour to deliver the Product(s) as soon as possible after confirmation of your order. However, we cannot accept responsibility for loss or damage caused by any delay in delivering the Product(s). We will try to keep you informed in the event of any delay.
Delivery will be to the address specified by you when ordering. If you are ordering goods for delivery outside of the state of California, please check what taxes or duties may apply, as you will have to pay these yourself. We do not know and cannot control what charges you may have to pay once the Product(s) reach the destination state or country.
As soon as the Product(s) are delivered to you, you become the owner of those Product(s) and the risk will passed to you. This means that you will be liable for any subsequent damage, loss or destruction to the Product(s).
Orders are dispatched from our California warehouse on the same day if placed before 12pm Mon-Fri, and the next business day if placed after. During busy periods delivery times may be longer than usual.
Please note that we are unable to influence the delivery of any parcels once they have left our warehouse. Please ensure you have entered the correct delivery details prior to confirming your order. If we are unable to deliver due to wrong information being input at the order stage you will still be charged for all original and additional redelivery costs.
Should you feel that your order has become lost or was unable to be delivered to you please contact us after 5 days. Please note that we will try our best to resolve this issue but we may feel it is appropriate to refund your order after a second delivery attempt.
If we have been unable to deliver your parcel and it is returned to our warehouse we will contact you regarding a refund. If we do not receive instructions from you within 2 weeks we will automatically refund your order.
We use a broad range of couriers for our parcel deliveries to reduce costs to our customers.
For overseas orders our delivery charges vary. Once you have added your chosen item(s) to your shopping basket, you will be asked to enter your destination to calculate the delivery costs.
Please note that the customer is liable for all customs tax and duty payable.
Right to Cancel the Contract
This clause applies only to consumers. If you are buying Product(s) as or on behalf of a business, the rights contained in this clause do not apply to you.
You may cancel the contract at any time within seven working days from the day after you receive the Product(s), and we will refund the purchase price and delivery fee in full within 30 days, subject to the following conditions:
- You must inform us in writing (email is fine) of your decision to cancel the contract.
- The Product(s) must be returned to us (at Create Art At Work, 1301 Marina Village Parkway, Suite 210, Alameda, CA 94501) immediately, in the same condition in which you received them, and at your own cost and risk. If the goods are faulty, we will pay for the cost of returning them to us.
- If the Product(s) are audio or video recordings or computer software, you may not remove them from the sealed packaging. If you do this, your will lose your right to cancel the contract.
You must take good care of the Product(s) while they are in your possession. If you fail to do so, you may be liable to us for compensation.
We want you to be completely happy with your purchase. If, however, you would like to return an item, please do so within 30 days. To arrange a refund please contact our shop first by email: firstname.lastname@example.org
Customers are responsible for all returns costs
Items must be in original condition and returned with the original sales receipt.
If we have been unable to deliver your parcel and it is returned to our warehouse we will contact you regarding a refund. If we do not receive instructions from you within 2 weeks we will automatically refund your order.
Please note, refunds can only be made to the original card used to make the order. If this is not possible, then we will raise a gift voucher for the correct value
Lost or Damaged Goods
We must be notified in writing within 10 days of receipt of goods about all damaged goods or shortages. Any notification later than this will result in a void claim.
Our entire liability to you for loss or damage arising out of this Agreement is limited to the price paid for the Product(s) you purchased. The only exceptions to this are that we do not limit our liability for death or personal injury caused by our negligence, or for fraud, or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We shall not be liable for any loss of business, loss of revenue or profits, loss of goodwill, lost opportunity, or any indirect, special, exemplary, consequential, incidental or punitive loss or damage whatsoever, even if advised of the possibility of such damages.
We do not warrant that the Website or the server that makes it available is error or virus free or free of other harmful components or that your use of the Website will be uninterrupted. We accept no liability for any inaccuracies on the Website, or for any decisions taken in reliance on information on the Website. We exclude to the fullest extent permitted by applicable law all liability for any loss, claim, expenses or damages whatsoever directly or indirectly arising out of the use or inability to use the Website.
We may use a third party company to fulfil your order. In this case, we will need to share your personal information with them; specifically, your name, address and telephone number. By placing an order, you consent to our sharing your details with such third party for the purpose of fulfilling your order only.
We shall not be liable for any breach of these terms and conditions which is a result of circumstances beyond our reasonable control, including without limitation war, insurrection, riot, civil unrest, sabotage, boycott, embargo, explosion, fire, earthquake, flood, unavoidable accident, epidemic, act of God, action or inaction of any governmental official or agency (civil or military) and refusal of any licences or permits, if properly applied for.
Variations: Any terms purporting to vary this agreement in any order, or other written or electronic communication from you, are ineffective unless specifically accepted as a variation to this agreement by us in writing.
Third party links: You may from time to time be provided with links to other Websites through use of the Website. These links are provided as a convenience and these Websites are not controlled by us in any way and we are not responsible for the content, accuracy, completeness, legality or any other aspect of these other Websites including any content provided on them. You access such Websites at your own risk.
Assignment: You may not transfer, assign or otherwise dispose of its interest in this agreement without our prior written consent.
Rights of Third Parties: Nothing in the Contracts shall operate to give any third party the right to enforce any term of this contract.
Severability: If any provision in this agreement is deemed to be illegal, unenforceable or invalid for any reason, it shall be deemed to have been struck out and the remaining provisions shall survive and continue to be binding and enforceable.
No waiver: Any failure by us to enforce any provision of this agreement at any time shall not be construed as a waiver of such provision and shall not affect our right to enforce such provision.
Jurisdiction: The construction, validity and performance of this agreement shall be governed by the law of the United States and the State of California, and both parties submit to the exclusive jurisdiction of the United States courts.
Comments and queries relating to these terms and conditions should be addressed to email@example.com.