TERMS AND CONDITIONS

Effective Date: 15/01/2026

1. ACCEPTANCE OF TERMS

By accessing, browsing, or purchasing from the To Write Art website (www.towriteart.com), you ("User," "you," or "your") agree to be bound by these Terms and Conditions ("Terms"). These Terms constitute a legally binding agreement between you and To Write Art ("we," "us," or "our").

If you do not agree to these Terms, you must not use our website or purchase our programmes.

Business Details:

  • Business Name: To Write Art

  • Location: Melbourne, Victoria, Australia

  • Contact Email: towriteart@hotmail.com

  • ABN: 79 102 345 332

For Users Under the Legal Age of Majority: If you are under the legal age of majority in your country or region (e.g., 18 in Australia, 18-21 in various jurisdictions), you must have your parent or guardian review and agree to these Terms on your behalf before using our website or purchasing our programmes.

2. PROGRAMME PURCHASE AND DELIVERY

2.1 Product Description

To Write Art offers three 12-month self-directed art education programmes: Perception, Non-Human Art, and Art Intersections. Each programme is available as:

  • PDF Download Only: Delivered electronically via email or download link

  • Hard Copy + PDF Bundle: Printed programme delivered via post (Australia only).

All hardcopy purchases include a PDF version delivered electronically.

2.2 Pricing and Payment

  • All prices are displayed in Australian Dollars (AUD) unless otherwise stated

  • GST will be applied where and when required by law

  • Payment must be made in full at the time of purchase

  • We accept payment via major international credit and debit cards, including Visa, Mastercard, and American Express

2.3 Delivery

PDF Downloads:

  • Delivered within 24-48 hours of payment confirmation via email or download link

  • You are responsible for downloading and storing your programme files

Hard Copies (Australia only):

  • Physical programme delivered within 7-14 business days via Australia Post

  • PDF version delivered within 24-48 hours of payment confirmation via email

  • Delivery times for physical copies may vary depending on location and postal service delays

  • We are not responsible for delays caused by postal services or customs

International Customers:

  • Only PDF downloads are available for international customers

  • Hard copy delivery is not available outside Australia

2.4 Access and License

By purchasing a programme, you receive:

  • A personal, non-exclusive, non-transferable, revocable license to access and use the programme materials for your own personal educational use only

  • Lifetime access to PDF downloads for personal use

  • The right to print one copy of the PDF for personal use only

3. NO REFUNDS POLICY

3.1 Digital Products

Due to the nature of digital educational products, all sales are final and we do not offer refunds, exchanges, or cancellations once you have received access to the programme materials.

This policy applies once:

  • PDF download link has been sent to you, OR

  • You have downloaded the programme files, OR

  • Hard copy programme has been shipped

Please note:

  • Hardcopy purchases include both physical and digital versions. Once either the PDF link has been sent or the hardcopy has been shipped, the no refunds policy applies to the entire purchase.

3.2 Exceptions

Refunds may only be considered in the following circumstances:

  • You were charged incorrectly due to a technical error

  • You did not receive the programme materials despite multiple delivery attempts

  • The programme files are corrupted and cannot be accessed (we will first attempt to resend functional files)

To request a refund under these limited circumstances, contact us at towriteart@hotmail.com within 7 days of purchase with proof of the issue.

3.3 Your Responsibility

We strongly encourage you to:

  • Review all programme descriptions carefully before purchasing

  • Read sample content (if available) to ensure the programme suits your needs

  • Contact us with any questions before making a purchase

By completing your purchase, you acknowledge that you have reviewed the programme information and agree to our no refunds policy.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Ownership

  • All content in To Write Art programmes, including but not limited to:

  • Written curriculum and educational content

  • Graphics, images, and visual designs

  • Layout, structure, and formatting

  • Task descriptions and learning frameworks

  • Logos, branding, and trademarks

...is the exclusive intellectual property of To Write Art and is protected by Australian and international copyright laws, trademark laws, and other intellectual property rights.

4.2 Restrictions on Use

You may NOT:

  • Resell, redistribute, or commercially exploit the programme materials in any way

  • Share, upload, or make the programme materials available to others (including via file-sharing sites, social media, email, or cloud storage)

  • Copy, reproduce, or duplicate the programme materials for anyone other than yourself

  • Modify, adapt, translate, or create derivative works based on the programme materials

  • Remove, alter, or obscure any copyright notices, trademarks, or proprietary rights notices

  • Use the programme materials for any commercial purpose, including teaching classes or workshops based on our content

  • Transfer, sublicense, or assign your license to anyone else

(This applies to both PDF and hardcopy versions of the programme)

4.3 Permitted Use

You MAY:

  • Download and store the programme materials on your personal devices

  • Print ONE copy of the PDF for your own personal use

  • Create artwork in response to programme tasks for your own portfolio or personal use

  • Submit your completed artwork to To Write Art for certification or public sharing (with your consent)

4.4 Consequences of Unauthorised Use

Unauthorised reproduction, distribution, or commercial use of our programme materials constitutes:

  • Copyright infringement under the Copyright Act 1968 (Cth)

  • Breach of these Terms and Conditions

  • Grounds for immediate termination of your license

We reserve the right to:

  • Terminate your access to all programme materials immediately

  • Pursue legal action for copyright infringement

  • Seek monetary damages, including but not limited to lost profits, statutory damages, and legal costs

  • Report violations to relevant authorities

  • Penalties under Australian law for copyright infringement can include fines up to $117,000 for individuals and $585,000 for corporations, plus additional damages.

5. PROHIBITED USES

  • You agree NOT to use our website or programme materials to:

  • Violate any applicable laws, regulations, or third-party rights

  • Infringe copyright, trademark, or other intellectual property rights

  • Upload, share, or distribute the programme materials to others

  • Engage in any fraudulent, abusive, or harmful activity

  • Attempt to gain unauthorised access to our systems or other users' accounts

  • Use automated systems (bots, scrapers, etc.) to access or download content

  • Interfere with the proper functioning of our website or services

  • Impersonate To Write Art or misrepresent your relationship with us

6. ARTWORK SUBMISSION AND SHARING

6.1 Submission of Original Artwork

Students, or their parents/guardians, are responsible for ensuring that any artwork submitted for certification or publication on To Write Art platforms is original and does not infringe any copyright or trademark laws.

To Write Art accepts no liability for any claims, disputes, legal actions, compensation, financial demands, or other issues arising from unauthentic work or artwork that breaches copyright, trademark, or other laws.

By participating in this programme, you agree to all terms and conditions and acknowledge that it is your responsibility to create and submit original work.

6.2 Submission Process

To submit artwork, email towriteart@hotmail.com with:

  • Completed and signed Artwork Submission Form (required for all submissions; if under the legal age of majority, must be signed by parent/guardian)

  • Digital copy of artwork (JPEG and/or PNG format)

  • Topic name and task name

  • Your full name and confirmation of whether you permit your name to be used alongside your artwork online

  • Indication of whether you would like a watermark placed on your artwork

Certificate Eligibility:

  • By submitting your artwork, all students become eligible to receive a Certificate of Completion in the To Write Art programme.

6.3 Artwork Handling

Once submitted:

  • A copy of your artwork will be saved on a secure backup server

  • Your artwork will be uploaded to our official Instagram account (@towriteart) or website (www.towriteart.com) only with your permission

6.4 Privacy and Security

  • All submitted artworks will be stored securely on our computers and backup servers

  • Only authorised programme staff will have access to submitted artwork and associated personal information

  • We respect the privacy of all students and their creations

  • Personal information will be used solely for uploading and managing your artwork in accordance with our Privacy Policy

6.5 Rights and Permissions

By giving permission to submit your artwork online, you grant To Write Art the right to:

  • Display your artwork on our official platforms (Instagram, website, or as otherwise specified)

  • Use your artwork for promotional purposes (e.g., showcasing student work, marketing materials)

  • You retain full ownership of your work.

We will:

  • Credit you by name (unless you request anonymity)

  • Apply watermarks if requested and approved by you

  • Honour your preferences regarding name display

6.6 Withdrawal of Artwork

  • You can request the removal of your artwork from our platforms at any time by emailing towriteart@hotmail.com with a completed and signed Artwork Withdrawal Form.

  • We will promptly remove it from our platforms and storage within 48 hours of receiving your withdrawal form.

  • You will be notified once your artwork has been successfully removed.

6.7 Code of Conduct

We maintain a respectful and professional environment for all participants. Any inappropriate content or behaviour will result in:

  • Immediate removal of the artwork from the platform

  • Potential termination of access to programme materials

  • Further action as deemed necessary by programme administrators

6.8 Artwork Sharing: What You Need to Know

Students understand, acknowledge, and agree that To Write Art is not responsible for any actions taken with their artwork once it is shared on the internet.

This includes, but is not limited to:

  • Downloading, screenshots, copying, commenting, sharing, or any other form of distribution by others

  • Misuse or unauthorised use of artwork by third parties

By submitting artwork to the programme, students acknowledge that:

  • Instagram and our website are public-facing platforms

  • Their artwork may be publicly viewed, downloaded, and shared by others

  • To Write Art will not be held accountable for misuse or distribution of artwork outside its control

  • To Write Art will not be responsible for retrieving or reclaiming artwork once it has been downloaded, shared, or otherwise distributed by others

  • Students accept full responsibility for any consequences of their artwork being shared, copied, or used by others outside the To Write Art programme.

7. EDUCATIONAL USE AND DISCLAIMERS

7.1 Educational Purpose Only

All topics in the To Write Art programme are for educational purposes only.

All topics and tasks should be approached with:

  • Cultural respect

  • Legal awareness

  • Emotional responsibility

  • Consideration of local customs, values, and context

  • Mindfulness and respect for others

  • 7.2 Student Responsibility

All participants are solely responsible for ensuring that their work complies with:

  • Local laws

  • Copyright and trademark laws

  • Cultural norms

  • Submission guidelines

7.3 Programme Content Standards

No topic or task in the To Write Art programme permits or requires the creation of any artwork that depicts, promotes, or encourages:

  • Illegal acts

  • Harmful acts

  • Culturally disrespectful acts

To Write Art does not endorse, promote, or accept liability for any artworks, interpretations, or submissions that fail to meet legal, ethical, copyright, trademark, or cultural standards.

To Write Art reserves the right to decline or remove any artwork that may infringe copyright, trademark, or other intellectual property laws.

7.4 Limitation of Liability

To Write Art will not be liable or responsible for any claims, disputes, legal actions, compensation, financial demands, or other issues arising from:

  • Student-created artwork

  • Misinterpretation or misuse of educational content

  • Student failure to comply with local laws or cultural norms

By taking part in this programme, students confirm they have read, understood, and agree to comply with all guidelines. Any misinterpretation or misuse of the educational content remains the sole responsibility of the participant and, if applicable, their parent or guardian.

7.5 Optional Participation

  • Any student who does not feel comfortable engaging with a particular topic or task, or who is unsure about the cultural or legal implications of their work, is strongly encouraged not to participate in that specific topic or task.

  • Instead, they may choose to focus on another topic or task within the To Write Art programme that better aligns with their personal values, comfort level, and local context.

8. WEEKLY SELF CHECK-IN

8.1 Voluntary Participation

  • The Weekly Self Check-In is an optional reflection tool. Participation is entirely voluntary.

8.2 Data Collection and Use

  • Self Check-In responses are collected confidentially

  • Responses are reviewed at the end of the programme to provide a personalised evaluation

  • Evaluations offer insight into how you work, explore ideas, manage time, and identify effective strategies

  • Data is stored securely and used solely for programme evaluation purposes

  • See our Privacy Policy for full details on data handling

8.3 Cancellation

  • You may unregister from the Weekly Self Check-In at any time via the unregister link on our website.

9. CERTIFICATE OF COMPLETION

9.1 Eligibility

By submitting completed tasks for review, you become eligible to receive a Certificate of Completion.

9.2 Issuance

Certificates are issued after:

  • Submission of completed tasks via the Artwork Submission Form

  • Review and approval by To Write Art staff

9.3 No Guarantee

  • While we make every effort to review submissions promptly, we do not guarantee specific timelines for certificate issuance.

10. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

10.1 Programme Materials

The programme materials are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:

  • Warranties of merchantability

  • Fitness for a particular purpose

  • Non-infringement

  • Accuracy, reliability, or completeness of content

10.2 No Guarantee of Outcomes

We do not guarantee:

  • Specific artistic results or skill improvement

  • Career advancement or professional opportunities

  • Completion of the programme

  • That the programme will meet your specific needs or expectations

10.3 Student Responsibility

You acknowledge that:

  • Success in the programme depends on your own effort, commitment, and self-direction

  • We do not provide ongoing feedback on individual artworks or creative direction

  • The programme is designed for independent, self-directed learning

  • Results vary between individuals

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY AUSTRALIAN LAW:

11.1 No Liability for Consequential Damages

To Write Art, its founders, staff, contractors, and affiliates shall not be liable for any:

  • Indirect, incidental, special, consequential, or punitive damages

  • Loss of profits, revenue, data, or use

  • Loss of business opportunities

  • Emotional distress or psychological harm

  • Damages arising from your use or inability to use the programme materials

  • ...even if we have been advised of the possibility of such damages.

11.2 Maximum Liability

  • Our total aggregate liability to you for all claims arising from your use of our website or programme materials shall not exceed the amount you paid to us for the programme.

11.3 Consumer Law

  • Nothing in these Terms excludes, restricts, or modifies any consumer rights under Australian Consumer Law that cannot be excluded, restricted, or modified by agreement.

If the Australian Consumer Law applies and we breach a consumer guarantee, our liability is limited to (at our option):

  • Re-supplying the programme materials, or

  • Refunding the purchase price

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless To Write Art, its founders, staff, contractors, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

  • Your use of the programme materials

  • Your breach of these Terms

  • Your violation of any laws or third-party rights

  • Artwork you create or submit

  • Your unauthorised reproduction, distribution, or commercial use of our programme materials

  • Any claim that your submitted artwork infringes the intellectual property rights of others

13. TERMINATION

13.1 Our Right to Terminate

We reserve the right to suspend or terminate your access to our website and programme materials at any time, with or without notice, for any reason, including but not limited to:

  • Breach of these Terms

  • Unauthorised reproduction or distribution of programme materials

  • Fraudulent or illegal activity

  • Submission of inappropriate or infringing content

  • Misuse of our services

13.2 Effect of Termination

Upon termination:

  • Your license to use the programme materials is immediately revoked

  • You must cease all use of the programme materials and delete all copies in your possession

  • We are not obligated to provide any refund

  • Sections of these Terms that by their nature should survive termination shall remain in effect (including intellectual property rights, disclaimers, and limitations of liability)

14. PRIVACY AND DATA PROTECTION

Your personal information is collected, used, and stored in accordance with our Privacy Policy, which complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

By using our website and services, you consent to our collection and use of your personal information as described in our Privacy Policy.

Please review our Privacy Policy at https://www.towriteart.com/privacy-policy

15. THIRD-PARTY SERVICES

15.1 Payment Processors

  • We use third-party payment processors to handle transactions. Your payment information is subject to the privacy policies and terms of those processors.

15.2 Social Media Platforms

  • If you choose to have your artwork shared on our Instagram account or other social media platforms, your artwork will be subject to the terms and policies of those platforms.

15.3 No Responsibility

  • We are not responsible for the practices, policies, or actions of any third-party services.

16. LINKS TO OTHER WEBSITES

  • Our website may contain links to third-party websites. We do not control, endorse, or assume responsibility for the content, privacy policies, or practices of any third-party websites.

  • You access third-party websites at your own risk.

17. CHANGES TO THESE TERMS

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website with an updated ‘Effective Date’.

Your Responsibility:

  • It is your responsibility to review these Terms periodically

  • Continued use of our website or programme materials after changes are posted constitutes your acceptance of the revised Terms

Notification:

  • For significant changes, we will make reasonable efforts to notify you via email or a prominent notice on our website.

18. GOVERNING LAW AND JURISDICTION

18.1 Governing Law

  • These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of law principles.

18.2 Jurisdiction

  • You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia, and any courts that may hear appeals from those courts, for the resolution of any disputes arising from or relating to these Terms or your use of our website or programme materials.

19. SEVERABILITY

  • If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect.

20. ENTIRE AGREEMENT

  • These Terms, together with our Privacy Policy and any other legal notices published on our website, constitute the entire agreement between you and To Write Art regarding your use of our website and programme materials.

  • These Terms supersede any prior agreements, communications, or understandings (whether written or oral) between you and To Write Art.

21. WAIVER

  • Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

22. ASSIGNMENT

  • You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent.

  • We may assign, transfer, or sublicense our rights and obligations under these Terms at any time without notice to you.

23. CONTACT INFORMATION

If you have any questions, concerns, or disputes regarding these Terms, please contact us:

Email: towriteart@hotmail.com

We aim to respond to all enquiries within 48-72 hours during business days.

24. ACKNOWLEDGEMENT AND ACCEPTANCE

By purchasing our programmes, using our website, or submitting artwork, you acknowledge that:

  • You have read and understood these Terms and Conditions

  • You agree to be bound by these Terms

  • If you are under the legal age of majority in your jurisdiction, your parent or guardian has reviewed and agreed to these Terms on your behalf

  • You understand and accept our no refunds policy

  • You understand the restrictions on reproduction, distribution, and commercial use of our programme materials

  • You accept responsibility for ensuring your submitted artwork is original and does not infringe third-party rights

Last Updated: 15/01/2026

TO WRITE ART

Melbourne, Victoria, Australia

towriteart@hotmail.com