Terms and Conditions
Effective date: January 1, 2021
Terms and Conditions Mattus Fine Art
These terms and conditions (these “Terms”) apply to all services provided by Mattus Fine Art through any of these websites: www.MattusFineArt.com and www.mindfulartistacademy.com (the “Website”).
These terms and conditions are in addition to the Privacy Policy and apply to the provision of our Services.
By using our Services via our website, you agree to these terms, which will bind you. If you do not agree to these terms and conditions, you must not use the Services.
The Services
A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website. Our Services include but not limited to the following:
- Courses that are taught by an instructor;
- Download, no sign-in courses (not taught);
- Membership – The Mindful Artist Collective;
- Artwork; and
- In-person workshops.
We reserve the right to vary or withdraw any of the Services described on the Website without notice.
We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your use or purchase and completion of any of the Services.
Services Subscription and Payment
In order to purchase or use any of the Services on-line you must register for an account with us via the Website. If you already have an account with us, you can log into your account using your username and password.
When you place an order for a Service via the Website, you are offering to purchase the Services on these terms and conditions. Mattus Fine Art reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed. A binding contract is established upon receipt and confirmation of your order.
When you register with the company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
For Memberships – Mindful Artist Collective offered through Mattus Fine Art – you will have the option of an annual Pay Subscription or a Monthly Pay Subscription. Monthly subscribers, payment is auto-drafted from your account on a monthly cycle. Yearly subscriber, payment is auto-drafted every 12 months. Fees for the Service selected by you on the Website will begin to be debited from your credit/debit card provided at the point of purchase. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Mattus Fine Art shall not be responsible for these. You shall be responsible for all costs you incur in connection with your access onto any Online Course.
Refund Policy
Membership: You may leave the membership at any time. If you get into the membership and decide it is not for you, we offer a 14-day refund period. We would be sorry to see you go. After the 14-day refund period, no refunds are given. This applies to both monthly and yearly subscriptions. We will stop the auto-draft and deactivate your account prior to the next auto-draft. But you may use the website until that next billing. Please email us at [email protected] your desire to leave.
Courses taught or provided by login: If you decide the course is not for you, you may request a refund within 14 days of the course start date up to 11:59 EST. Please email learn at MindfulArtAcademy.com with your request for refund. If you have opted for a payment plan and do not request a refund in 14 days you are obligated to complete the remaining payments of your payment plan. After 14 days all payments are non-refundable and you are responsible for full payment of the fees regardless if you complete the program or not.
Courses with a one-time download: no refunds will be provided once you have downloaded the course
Artwork Return
Artwork purchases: you will have 7 days from receipt of the Artwork to request a refund and return of the Artwork in the packaging provided. Such refunds attract a twenty percent (20%) restocking fee, and you are responsible for the return shipping fee. The safety of the Artwork is yours. We shall cover any damage in transit.
Account Security
Your account is your own and may not be shared with another person. Mattus Fine Art does not retain login information and might not be able to assist you in re-entering your account should you have trouble signing in. We are not privy to your sensitive login information for security reasons, though we are able to provide you a link to reset your password should you forget it.
Liability
No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.
Although Mattus Fine Art aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue, or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of these Terms.
Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties, or other terms shall apply to the Services. Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
Mattus Fine Art's total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course in relation to which a dispute has arisen.
Nothing in these Terms shall exclude or limit Mattus Fine Art’s liability matters which under any relevant law may not be limited or excluded.
No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
Intellectual Property
All Intellectual Property Rights in the Services, remain the intellectual property of Mattus Fine Art or its licensors.
You are not authorised to: -
copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
record on video or audio tape, relay by videophone or other means the Online Course;
use the Course Materials in the provision of any other course or training whether given by us or any third-party trainer;
remove any copyright or other notice of Mattus Fine Art on any material we provide;
modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
For the sole purpose of using the Services, we grant you a limited, non-transferable, non-exclusive licence to use the course materials and the software in respect of the online course.
Confidentiality
Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions and shall return it on demand and not retain copies of it. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them. This clause shall continue notwithstanding termination of these terms and conditions.
Termination
MattusFineArt.com or MindfulArtistAcademy.com reserves the right, in its sole discretion, to terminate your access to the Site(s) and the related services or any portion thereof at any time, without notice. Breach by you of these Terms shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services.
If any of the Services ordered require shipping, it shall be shipped in accordance with shipping instructions provided by you or, if no such instructions are provided, by the route and mode of transportation involving lowest cost. Mattus Fine Art shall not be liable for any costs, loss, damage, liability (including any costs, loss, damage, or liability resulting from delay in receipt of shipments) or excess shipping costs incurred by or for your account as a result of Mattus Fine Art’s failure to comply with this paragraph. No charge will be allowed for cartage or packing unless specifically agreed to in writing by you. Your artwork during shipping will be insured by the carrier.
Assignment
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
Entire Terms
These terms and conditions, together with any course specific terms are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
Force Majeure
Mattus Fine Art shall not be liable to you for any failure or delay in performance of its obligations under these Terms arising out of circumstances beyond its reasonable control, including, without limitation: acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure; accidents; labor disputes; or governmental actions.
Data Privacy Policy
The nature of the Services provided by us means that we will obtain, use and disclose (together "Use") certain information about you ("Data"). This statement sets out the principles governing our Use of Data. By purchasing the Services, you agree to this Use.
When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.
We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of Mattus Fine Art.
To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.
We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant Services. We will only read cookies from your cookie file placed there through your web browser's interaction with the Website.
Our Services may link to third party websites and we are not responsible for their data policies or procedures or their content.
Mattus Fine Art endeavors to take all reasonable steps to protect your personal Data including the use of encryption technology but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
Mattus Fine Art may supplement the information that you provide with information we receive from third parties, such as our marketing affiliates.
If you wish to change or update the data, we hold about you, please e-mail [email protected].
Children Under 13. Mattus Fine Art does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. And if you are under 18, you may use MattusFineArt.com or MindfulArtistAcademy.com only with the express permission of a parent or guardian.
Law and Jurisdiction
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provision of these Terms, including without limitation this section.
Changes to Terms
Mattus Fine Art reserves the right, in its sole discretion, to change the Terms under which the Services are offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates
Notices
We will contact you using your account with us, or the email you provided during your signup. You can contact us as follows:
Mattus Fine Art
12906 Tiger Lilly Ct
Clermont, FL 34711
