THE YARNARIUM COURSES - Terms and Conditions of Site and Services.

 Last updated: 15th November 2023

 

The Yarnarium Courses Website Terms of Use

This website (The Yarnarium Courses) is operated by The Yarnarium & The Yarnarium Courses, available at: www.theyarnariumcourses.com and may be available through other addresses or channels.

Terms. Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

Digital Sales: 

We (The Yarnarium & The Yarnarium Courses) provide crochet based and related training courses aimed at the general hobbyist to learn the art of crochet and/or enhance a persons current skills.  Within the spectrum of our training courses we provide video workshops, downloadable patterns and guides.  The copyright of all properties both digital, visual and printable are the property of The Yarnarium and The Yarnarium Courses and Carmela Payne.

Copyright Notice Pertaining to all media both on this website and for download:

Please respect the work of the original artist. If any pattern or digital document has an error or you have any questions about any document, please email [email protected]. Pattern are original designs by Carmela Ann of The Yarnarium, unless other designer/artists are featured, and intended for your own personal use. They must not be copied, shared, translated, published, altered, edited or distributed either online or offline in printed or digital format. When sharing your own versions of designs created on social media please credit Carmela Ann of TheYarnarium as the designer, and the TheYarnarium Courses originating source. All rights reserved ¬©CarmelaAnn, ¬©CrateCrochet, ¬©TheYarnarium, ¬©TheYarnariumCourses

On Purchase of any Digital/Physical Products:

You must ensure you agree and accept our to our site services and terms.

We reserve the right to refuse access to The Yarnarium Courses services.  You must protect your login and password and not share with others.  You must not sell or share your log in details.  If you feel your account has been compromised by another person, you must get in touch with us immediately so that we can assist you.

Services and Inclusions:

ALL online digital bonus content will only be available to you so long as you remain subscribed to The Yarnarium Courses.  Once your account is cancelled and/or expires, you will lose access to all online content owned by The Yarnarium Courses.  This is to protect our intellectual property rights and avoid any abuse of the services we offer.

On purchasing your chosen digital products, you are shown a price and a list of the inclusions offered at the purchase level.  We may from time to time add new services of extras to customers and make other offers for new products or courses introduced.  Some services and Content are only available to certain customers based on purchase choice, payment made and time of subscription agreement.

Payment for Services provided by The Yarnarium Courses.

 

such as the preview pages and any other digital content which is part of your physical box or digital subscription, Crate Crochet Box, or the The Yarnarium Digital Membership service (when launched). 

All course fees are shown at time of purchase, we reserve the right at anytime to raise or lower these prices in accordance with the costs and services associated with them.   You are offered a variety of options to join including different levels and subscription terms (ie: Monthly or Annually).

Monthly payments MUST be paid in advance and will renew on the same date on which you joined. 

Annual payments MUST be paid in advance and will renew on the same date on which you joined.  By paying annually you are agreeing to a 12 month minimum commitment payment by Credit/Debit or PayPal Agreement.

ALL Memberships will automatically renew monthly or annually respectfully, to the payment method used on your initial sign up.

Fee Changes: We reserve the right to increase our fees for which you will be provided with a 30 day notices.

If you cause us loss, you’ll need to pay us.

To the extent allowed by law, you must pay us for costs we incur that are caused or contributed to by your breach of these Terms or a Policy (including the Academy Guidelines) or your use or misuse of our Services, Site, or Content.  

Upon Cancelllation of your The Yarnarium Courses membership:

Your subscription is continuous until you cancel or your account expires.

You may cancel your account at anytime, however, your commitment period will remain (whether monthly or annually) and you will continue to receive the remainder of your subscription online delivery.  After the end of your commitment period your subscription will expire and you will no longer have access to The Yarnarium Courses.  If you purchased with a special offer which requires a continuous subscription and then cancel, that offer is no longer valid should you wish to re-subscribe and award badges are no longer valid.  Any digital certificates for completion of courses are yours to keep as an acknowledgement of your taking that particular course.

Refunds

If you have any questions or concerns regarding your account, please contact us know immediately so we can help to resolve the issue with you. 

As our products are digital content, to protect our intellectual property rights and avoid any abuse of the services we offer, the following terms must be agreed to.

(a) If you purchase our courses on a monthly basis, no refunds can be offered due to the online digital content available to you is delivered for that month. 

(b) For an Annual subscription, you MUST contact us first so that we can help resolve any issue.  Should you still wish to cancel an annual subscription, we can offer a refund within 7 business days.  The refund given is returned less the days less the costs for Services already delivered and our reasonable administrative costs. 

 

Consent: By accessing and/or using our Site, you agree to these terms of use and our Privacy Policy (available here)

 

Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms.  All other uses are prohibited without our prior written consent.

Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation);

(a)   anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

(b)   using our Site to defame, harass, threaten, menace or offend any person;

(c)    interfering with any user using our Site;

(d)   tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;

(e)   using our Site to send unsolicited email messages; or

(f)    facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.

Information: The Content is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and it is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

(a) copy or use, in whole or in part, any Content;

(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c) breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site.  By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site.  You represent and warrant that:

(a)  you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

(b)  neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites: Our Site may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites.  You should make your own investigations with respect to the suitability of those websites. 

Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part.  We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

(a)   they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b)   access will be uninterrupted, error-free or free from viruses; or

(c)    our Site will be secure.

You read, use and act on our Site and the Content at your own risk.

Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, un-ascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.          

Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: Your use of our Site and these Terms are governed by the laws of New South Wales, Australia.  You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas.  We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

 

 

Contact Us

If you have any questions, concerns or complaints about these Terms and Conditions, please contact us:

  • By email: [email protected]
  • By mail:
    The Yarnarium Courses
    PO Box 728
    Stanhope Gardens
    NSW 2155
    Australia

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