Terms and Conditions Policy

About the Service

The School and its Creatopia Village and Creatology, the Subject of Creativity and Website (Services) are operated by the School of Creatology.

The School of Creatology is an education provider that develops Creativity knowledge and capacities of Participants by facilitating the creative education of “Creatology, the Subject of the Power and Nature of Creativity”.

Access to and use of the Services, or any of its associated Products or Services, is provided by School of Creatology.

Please read these terms and conditions (Terms) carefully.

By using, browsing and/or reading the Website, and by participating in the School’s other Services, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

 

Acceptance of the Terms

You accept the Terms by:

• remaining on the Website
• as a Participant and Alumni of the School of Creatology
• as a Participant of the School’s Creatopia Village.

You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by the School of Creatology in the user interface.

 

Consumer Rights

Care has been taken to use plain language and to give clear explanations in these terms and conditions.

If any words alone or in combination infringe consumer rights laws or any other provision of law, they shall be treated as severable and shall be replaced with words which give as near the original meaning as may be fair.

Nothing in these terms and conditions affects a Participant’s statutory rights.

 

Educational Matters

Our Commitment

The School of Creatology will do all that is reasonable to provide a creative educational environment and teaching of a range, standard and quality which is suitable for each Participant to ensure their creative growth, and to provide education to at least the standard required by law in the particular circumstances.

The School will exercise every reasonable care and skill in providing educational services for each Participant. However, the School cannot guarantee that the Participant will achieve his or her desired outcomes or that outcomes will be sufficient to influence entry to other educational establishments.

Each Participant is expected to bring their best to their education to maximise their outcomes and opportunities.

Organisation

The School reserves the right to organise the curriculum and its delivery in a way which, under feedback from the Participants and in the professional judgement of Jane Macdonald, is most appropriate for the School community as a whole.

Our class sizes and the operation of the classrooms and the School’s supporting programs may change from term to term and year to year, and will depend on the mixture of abilities and aptitudes among the Participants as well as the School’s capacity to ensure excellent creative education.

We will endeavour to inform Participants of changes and the reasons for them as soon as practicable.

 

Management

It is the School of Creatology’s intention that the Terms and Conditions will always be operated to achieve a balance of fairness between the rights and needs of Participants, and those of the School community as a whole.

We aim to ensure that the School, its culture, ethos, platforms and resources are properly managed so that the School, its services and facilities can develop.

We also aim to promote goodness throughout our School community and to ensure compliance with Law.

 

Equality

The School of Creatology welcomes and encourages staff and participants from different ethnic groups, backgrounds and creeds.

We actively promote the fundamental values of individual liberty and mutual respect for us all, with our different abilities, causes and perspectives, talents and gifts, ideals and values, geniuses and ideas, lived experiences, and faiths and beliefs.

The School promotes the liberation of human creativity for the purpose of social and ecological justice.

Our classes and all course materials can be transcribed into other languages, and our online facilities for the disabled are limited, however the Website is accessible (toggle the yellow button on the left) and all classes are held with visual and auditory options for the blind and vision impaired, and the hearing impaired.

We comply with our legal and moral responsibilities under equality legislation to accommodate the needs of applicants and Participants who have disabilities for which, after reasonable adjustments, we can cater adequately.

 

Information Required to Enrol and to Use the Service

As part of the enrolment process, and as part of your continued use of the Services, you will be required to provide personal information about yourself, including your:

• email address
• first and second name
• age
• a photo for your profile, and
• at least one link to an active social media account or owned website on your Profile.

You warrant that any information you give to School of Creatology in the course of your time with us, will always be correct and up to date.

Once you have completed the registration process, you will be a registered member of the School (Participant) and agree to be bound by the Terms.

You will also need to agree to the Terms of Use and Privacy Policies of Mighty Networks.

You may not use the Services and may not accept the Terms if:

• you are under the age of 18 years and therefore not of legal age to form a binding contract with School of Creatology; or
• you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services; or
• you do not accept these Terms or the School’s Code of Conduct Community Agreement or Enrolment and Refunds Policy or Privacy Policy, or
• you have been expelled from the School and its Creatopia Village.

 

Privacy

The School of Creatology takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to School’s Privacy Policy.

We collect and process your personal information in accordance with our Privacy Policy, including:

• information you provide during registration and account creation
• data generated through your use of the Services including your attendance in live classes, completed recorded classes, your course completion rate, project-progress, and your Satisfaction with Life Scale at the beginning and end of Creatology, and
• any additional information you choose to provide.

We only collect personal information that is reasonably necessary for providing the Services.

Your personal information may be used for:

• providing and improving the Services
• communicating with you about your progress, graduation and the Services
• complying with our legal obligations; and
• other purposes as described in our Privacy Policy.

The School will not use your personal information for any purpose incompatible with these without obtaining your prior consent.

We implement appropriate technical and organisational measures to protect your personal information against unauthorised access, modification, disclosure or destruction. These measures are reviewed and updated regularly to ensure ongoing security and compliance with Australian privacy laws and regulations.

Our online Service does not address anyone under the age of 18 (“Children”).

 

Communication

Communication between the School and Participants happens:

• via direct email
• via newsletters
• via posts within the School
• via direct messaging within the School
• via the Website, and
• via classes and other live and recorded events streamed within the School or on Zoom.

Reports and References

Participants are welcome to request a Report upon graduation of their Creatology Award that will share some detail about the:

• Streams covered
• engagement of the Participant in the Streams, and
• an observation of the impact of their project.

Participants are welcome to request a Reference or Recommendation if needed for employment or further education applications.

Participants are asked to email the school and to allow 5 business days for their report or recommendation. Reports and Recommendations cannot be edited but can be corrected by the Author (School Admin) if any information is incorrect.

A copy of Creatology Award Certificates are kept by the School, with the graduates’ names, if needed by the graduate at a later date.

 

Photographs, Images, Writing, Videos and Voice Recordings

By agreeing to these terms and conditions you and our Participants and partners and contractors consent, as far as is required under data protection law, to the School using photographs or images (including video recordings) of you for use in the School’s:

• educational purposes as part of Creatology, the Subject of Creativity and / or Creatopia Village activities.

The School will seek specific consent from the Participants before using a photograph or video recording where
the School considers that the use is more privacy intrusive, as well as for use in the Service’s newsletter, social media, or other public publications.

Participants are welcome to turn their cameras off during a recorded session for the material the School plans to use publicly.

Participants are welcome to request their images etc, are not to be used by the School for any reason by emailing the School.

Participants’ work such as their photographs, writing, recordings, other images, projects… anything they create… are protected under copyright laws and will not be published by the School unless the School has:

• discussed the idea, intent and place with the Participant
• discussed the limitations and consequences with the Participant,

and the two parties have agreed:

• either verbally or in writing where requested or significant, and
• on the form of credit.

 

Copyright and Intellectual Property

The School will aggressively protect its intellectual property.

All of the products and services of School of Creatology are subject to copyright, including the Website, the Creatopia Village and Creatology, the Subject of (the power and nature of) Creativity.

The work of our Participants are subject to their own copyright rights which the School upholds.

The Service

The material on the Website and within the School is protected by copyright under the laws of Australia and through international treaties.

Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website, the School and the Creatopia Village and Creatology, the Subject of Creativity, (including but not limited to text, graphics, logos, button icons, video images, audio clips, website code, scripts, design elements and interactive features) are owned or controlled for these purposes and are reserved by School of Creatology or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by the School of Creatology, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Participant to:

• use the Website and the School and Creatopia Village and Creatology, the Subject of Creativity, pursuant to the Terms
• copy and store the Website and the material contained in the Website in your device’s cache memory
• copy and store learning materials found within the School and Creatopia Village in your device; and
• print pages from the Website including the available details of Creatology, the Subject of Creativity, and any lead magnets for your own personal and non-commercial use.

The School of Creatology does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by the School of Creatology.

The School of Creatology retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer:

• any business name, curriculum name, award name, village name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
• a right to use or exploit the business name, curriculum name, award name, village name, trading name, domain name, trade mark or industrial design, or
• a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).

Prohibitions

You may not, without the prior written permission of the School of Creatology and the permission of any other relevant rights owners such as Participants:

• broadcast, republish, up-load to a third party, transmit, post, distribute, display in public, modify, or exploit in any way, the Services including the School and the Creatopia Village and Creatology, the Subject of Creativity, for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are in the public domain, expect publications about Creatology, the Subject of Creativity.

You agree not to decompile, reverse engineer or disassemble any of the School’s products, services or processes accessible through the Website and the School.

The School expressly prohibits any use of our content or data (including any associated metadata) in any manner for any machine learning and/or artificial intelligence purposes.

No Generative AI Training Use

Publishers of this Website and the platforms this Website and the School uses have no rights to, or rights to reproduce and/or otherwise use the Work in any manner for purposes of training artificial intelligence technologies to generate text or images, including without limitation, technologies that are capable of generating works in the same style or genre as the Work or the School’s employees, unless the publishers and platforms obtain the owner, Jane Macdonald’s, specific and express written permission to do so.

To be clear, without explicit prior written consent, you or any entity may not use any software, tool or other device to:

• copy, harvest, crawl, index, scrape, spider, mine, gather, bot, extract, compile, obtain, aggregate, capture, access, store, or republish any Content on or through the Service
• including by an automated or manual process or otherwise
• for any and all purposes including data mining, data gathering or extraction method, other than indexing Content for inclusion in a Search Engine
• including but not limited to any purpose related to data mining and/or the training or operation of any software or service to the extent that it incorporates a large language model, foundation model, deep machine learning, generative artificial intelligence, or any other process of a nature commonly referred to as artificial intelligence.

The Service’s Participants

Copyright of a Particpant’s original work and intellectual property, such as class work, projects, and materials forming posts, belongs to the Participant 

and as such, their rights are the same as the School’s (see above).

A Participant’s own work is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) of their publications and their Services (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) are owned or controlled for these purposes and reserved by the Participants or their contributors.

Our Participants do not grant you any other rights of use whatsoever in relation to the Intellectual Property.

You, the School, and all Participants may not copy, publish or redistribute any materials including full text articles, photographs, graphics, tables, images, posts, videos, or chats in any way (except as permitted by any sharing tools we make available or with express prior written consent by the owner of the work).

Where a Participant co-creates a project with another or other Participants of the School or non-participants outside the School, they must agree in writing as an inclusive group as to the parameters of the copyright of the work and submit them to the School prior to commencement of the project for agreement. The School will not claim copyright over these projects.

Where a Participant or Participants contribute to classes, and other recorded sessions that form the School’s Service such as the Enterprise Egg, the Creatopia Collab, and the Project Prods, the copyright is owned by the School. 

 

Obligations as a Participant

As a Participant, you agree to comply with the following:

• You will use the Service only for purposes that are permitted by:

• • the Terms, and
  • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
• You have the sole responsibility for protecting the confidentiality of your Account’s name, password and email address.
• Use of your Account and its password by any other person may result in the immediate cancellation of the Services. Any use of your registration information by any other person, or third parties, is strictly prohibited.
• You agree to immediately notify School of Creatology of any unauthorised use of your Account, password or email address or any breach of security of which you have become aware.
• You must ensure your password meets minimum security requirements of Mighty Networks, and you agree to report any suspected security breach to the School and Mighty Networks within 24 hours if possible, providing detailed information about the incident including time, nature of breach, and any compromised data.
• You will uphold the School’s Code of Conduct Community Agreement.
• Your access and use of the Services is non- transferable and allows for the sole use of these by you for the purposes of School of Creatology providing the Services.
• You will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the School of Creatology.
• You will not breach Copyright Laws protecting the Services and Intellectual Property of other Participants.
• You will not breach the Privacy Policy and any Privacy Laws protecting Participants.
• You will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Participants by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website or School or Creatopia Village or Creatology, the Subject of Creativity, or its Services.
• You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website or School or Creatopia Village or Creatology, the Subject of Creativity, or its Services without notice and may result in termination of the Services.
• You acknowledge and agree that any automated use of the Website or School or Creatopia Village or Creatology, the Subject of Creativity, or its Services is prohibited.

Appropriate legal action will be taken by School of Creatology for any illegal or unauthorised use of the Website or School or Creatopia Village or Creatology, the Subject of Creativity, or its Services, including its intellectual property.

 

Payments

All payments made in the course of your use of the School of Creatology are made using Stripe.

In using the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe Policies which are available here.

You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.

You agree and acknowledge that School of Creatology can vary the Services Fee at any time, giving you 7 days notice.

 

Enrolment Cancellations and Refunds

Please refer to the Enrolment and Refund Policy.

Links to other Sites

Our Service may contain links and recommendations for tools, research, programs etc, to third-party web sites or services that are not owned or controlled by the School of Creatology.

The School of Creatology has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.

You further acknowledge and agree that the School shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

 

Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of the School of Creatology.

Competitors are not permitted to use or access any information or content on our Application.

If you breach this provision, the School of Creatology will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

 

Events Beyond the Control of Parties

Force Majeure

An event beyond the reasonable control of the School or the Participants is a Force Majeure Event and shall include such events as an act of God, fire, flood, storm, war, riot, civil unrest, act of terrorism, strikes, industrial disputes, outbreak of epidemic or pandemic of disease, failure of utility service or transportation.

Notification

If either the School or the Participants are prevented from or delayed in carrying out its contractual obligations by a Force Majeure Event, that party shall notify the other in writing.

Continued Force Majeure

If a Force Majeure Event continues for a period greater than 90 days, the party who has provided the initial notification shall notify the other of the steps to be taken to ensure performance of its contractual obligations.

Termination

If the Force Majeure Event continues for a total period greater than 120 days, the party in receipt of notification may terminate this contract by providing at least 3 working days’ notice in writing to the other party.

 

Managing Change

This School, as any other, is likely to undergo some changes during the period of this agreement. For example, there may be changes in the staff, and in the hosting platform, facilities and their use, in the curriculum and the size and composition of classes, and in the School’s policies.

In addition, there may one day be the need to undertake an business model reorganisation exercise and/or a merger or change of ownership. For these reasons only, the benefit and burden of this agreement may be freely assigned to another party at the discretion of the School.

The School of Creatology acts as a co-creative community. As such, any problems, ideas for solutions, and changes that need to be implemented and then reviewed, will be done so at Whole-Village Meetings held monthly, so the community can shape the nature and design of the school to better meet their learning needs.

 

Dispute Resolution

Compulsory

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

• within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree
• if for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association
• the Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation
  the mediation will be held in Melbourne, Australia
• the appointed mediator must possess a minimum of 5 years of experience in commercial dispute resolution, hold current accreditation with a recognised Australian mediation body, and have relevant industry expertise in online education or tutoring services.

Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

Termination of Mediation

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

 

 

Venue and Jurisdiction

The Services offered by School of Creatology is intended to be viewed by residents of around the world.

In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

 

Termination of Contract 

These Terms will continue to apply until terminated by either you or by the School of Creatology as set out below.

If you want to terminate the Terms, you may do so by:

• providing the School with 7 days’ notice of your intention to terminate (please refer to the Enrolment and Refund Policy if it applies to you); and
• closing your accounts for all of the services which you use, where the School has made this option available to you.

Your notice should be sent, in writing, to the School’s email address or via the ‘Contact‘ form on our homepage.

The School may at any time, terminate the Terms with you if:

• you have breached any provision of the Terms or the School’s policies, or intend to breach any provision
• the School is required to do so by law, and / or
• the provision of the Services to you by the School is, in the opinion of the School, no longer commercially or educationally viable.

Subject to local applicable laws, the School of Creatology reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or the School’s Policies, or any applicable law, or if your conduct impacts the School’s name or reputation or violates the rights of those of another party.

 

 

General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

• all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded, and
• the School of Creatology will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of the School of Creatology make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of the School of Creatology) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

• failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records
• the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website)
• costs incurred as a result of you using the Website, the Services or any of the products of the School of Creatology, and
• the Services or operation in respect to links which are provided for your convenience.

Limitation of Liability

The School of Creatology’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

You expressly understand and agree that the School, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

 

Indemnity

You agree to indemnify the School of Creatology, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

• all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content and projects
• any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so, and/or
• any breach of the Terms or the other School of Creatology’s policies.

Changes in Ownership

For the purposes of constitutional changes to the School of Creatology (including changes to the legal entity that owns and runs the School) or amalgamation of the School with another, we may transfer the undertaking of the School to another person or organisation.

If this happens, we will ensure the transfer will not affect your rights under this contract.

However, we may transfer our rights and obligations under this contract in connection with any such transfer and/or amalgamation.

Changes

The School of Creatology reserves the right to review and modify, change or replace any of the Terms by updating this page at its sole discretion, at any time.

Any changes to the Terms take immediate effect from the date of their publication. 

We will provide at least 7 days’ notice of any material changes to the Terms through:

• email notification
• notification with the School’s platform, and / or
• prominent notice on the Website.

What constitutes a material change will be determined at our sole discretion.

Your continued use of the Service after such notification constitutes acceptance of the updated Terms.

By continuing to access or use the School and its 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 cease using the Website and our other Services immediately. If you are an enrolled Participant, please email us to cancel your enrolment and stop using the Service.

 

Governing Law

The Terms are governed by the laws of Victoria, Australia.

Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

 

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Contact Us

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