These terms and conditions are the contract between you and GEM Hat Company P/L (“us”, “we”, etc). By visiting or using Our Website, or signing up for our Services, you agree to be bound by them.
We are HatAcademy.com, a company registered in Australia , number ABN85169584258
Our address is 43/36 Woodcliffe Crescent, Woody Point Qld AU 4019
You are: Anyone who uses Our Website or buys any service from us.
Under 18 years. Sorry, but we deal only with people who are legally able to enter into a binding contract.
Thank you for visiting our website and your interest in our services to enable you to master this art of Millinery (Headwear making) through video content via streaming. We provide our registered members with paid access to Video tutorials, Audio, Graphics, Photos, Forums and Discussions. Please read this agreement carefully prior to registration and purchasing. Enjoy the wonderful world of millinery.
These are the agreed terms
means the textual, visual or aural content that is encountered as part of your experience on Our Website www.hatacademy.com It may include, among other things: text, images, sounds, videos and animations. It includes Content Posted by you.
means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trade marks, unregistered marks, designs, copyrights, software, domain names, discoveries, know-how, creations and inventions, together with all rights which are derived from those rights in relation to the use and purpose of www.hatacademy.com
means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us or any member of the [ GEM Hat Company P/L group of companies. It includes all of the hardware and software installations that enable our website to function.
means place on or into Our Website any Content or material of any sort by any means.
means all of the services available from Our Website hatacademy.com whether free or charged. Teaching is provided by pre-produced online video tutorials which are streamed via a web browser to paying customers.
In this agreement unless the context otherwise requires:
2.1. the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.
2.2. any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
2.3. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Basis of Contract
3.1. In entering into this agreement you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.
3.2. Subject to these terms and conditions, we agree to provide to you some or all of the Services described on Our Website at the prices we charge from time to time.
3.3. You acknowledge that you understand exactly what is included in the Services and you are satisfied that the Services are suitable and satisfactory for your requirements.
3.4. So far as we allow use of our Intellectual Property, we grant a licence to you, limited to the terms set out in this agreement.
3.5. Our contract with you and licence to you commences from the date of start / payment by you as a registered member of hatacademy.com and allows your continued access and use of our Services as a registered member. Please ensure you have signed in and have an active Hat Academy member account before purchasing Courses and communicate the name of your account accurately in ‘check out’ upon purchase. Peruse all written detail and you tube clips on each lesson prior to purchase. Once the Lessons are opened to view they are not able to be closed down from your viewing and are considered sold with no refund being available.
3.6. The contract between us comes into existence when we receive payment from you for a Service. The lessons/ Courses may take up to 48hrs to be activated
3.7. Lessons are available in the English Language only
3.8. Tutors will reply to lesson specific questions only and will respond at their convenience.
3.9. We may change this agreement and / or the way we provide the Services, at any time. If we do:
3.9.1 the change will take effect when we Post it on Our Website.
3.9.2 if you make any payment for Services or goods in the future, you will do so under the terms Posted on Our Website at that time.
4. Your account and personal information
4.1. When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
4.2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
4.3. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
5. The price
5.1. The prices payable for Services are clearly set out on Our Website. Customers are responsible for their own data usage to view lessons.
5.2. The price charged for any Services may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country. Sales are in AU$. Printing your PayPal invoice suffices as confirmation of your purchase but Invoices are available on request
5.3. Prices on Course product and Cart pages that are displayed in other than $AUD currency is a calculation at time of purchase. Final and accurate currency conversion will be processed in AUD$ at the most recent exchange rate available automatically on check out. User is responsible to approve the final amount before completing purchase at Check out. Prices are inclusive of any applicable goods and services tax or other sales tax.
5.4. If, by mistake, we have under-priced a Service, we will not be liable to supply that Service to you at the stated price, provided that we notify you before we provide it to you.
5.5. Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
5.6. You will pay all sums due to us under this agreement by the means specified without any set-off, deduction or counterclaim.
5.7. All monies paid by you to us are non-refundable and cancellation and/or termination of this agreement by you or us at any time for any reason will not entitle you to a refund of monies paid.
5.8. Hat Academy is not responsible for additional costs involved with listed tools or materials associated with lesson tutorials. Please read this detail on links for Supplies under each Course.
5.9. Gift Cards are only valid for purchase of Courses.
6. Security of your credit card
We take care to make Our Website safe for you to use.
6.1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
6.2. If you have asked the pay wall eg PayPal to remember your credit card details in readiness for your next purchase, they will securely store your payment details on their systems. These details will be fully encrypted and only used to process your payments or transactions which you have initiated.
6.3. PayPal is the primary payment system. An alternative payment can be arranged via ITT (International Telegraphic Transfer from your Bank) Be aware of the fee charged by your local bank.
7. How we handle your Content
7.2. If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
7.3. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
7.4. We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains eg. social media and in any medium. You represent and warrant that you are authorised to grant all such rights. Photographs and other content posted by a member may be used on social networks and in Hat Academy Newsletters
7.5. We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
7.6. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright 1968.
7.7. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
7.8. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, copyright, defamation, or any law, which may occur as a result of any Content having been Posted by you;
7.9. Hat Academy encourages originality in millinery creativity. Please be aware that replicating other milliner’s designs can be an infringement on another milliner’s intellectual property and that may lead to legal action.
7.10. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
7.11. Please notify us of any security breach or unauthorised use of your account.
7.12. We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted to us a licence to use it in the terms set out at sub paragraph 7 .1 - 7.4 above.
8. Restrictions on what you may Post to Our Website
We invite you to contribute Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.
You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
8.1. be unlawful, or tend to incite another person to commit a crime;
8.2. be obscene, offensive, threatening, violent, malicious or defamatory;
8.3. be sexually explicit or pornographic;
8.4. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
8.5. use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;
8.6. request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
8.7. be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose or collecting information with the intention of passing it to a third party for his commercial use;
8.8. include anything other than words (i.e. you will not include any symbols) Any photographs of your millinery work and your profile picture are allowable
8.9. facilitate the provision of unauthorised copies of another person's copyright work;
8.10. link to any of the material specified in this paragraph;
9. Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
9.1. hyperlinks, other than those specifically authorized by us;
9.2. keywords or words repeated, which are irrelevant to the Content Posted.
9.3. the name, logo or trademark of any organisation other than yours.
9.4. inaccurate, false, or misleading information.
10. Removal of offensive Content
10.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
10.2. We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
10.3. If you are offended by any Content, the following procedure applies:
10.3.1 your claim or complaint must be submitted to us at email@example.com
10.3.2 we shall remove the offending Content as soon as we are reasonably able;
10.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
10.3.4 we may re-instate the Content about which you have complained or we may not.
10.4. In respect of any complaint made by you or any person on your behalf you now irrevocably grant to us the right to notify the offender/accused by email and a licence to publish the complaint and all ensuing correspondence and communication, without limit as deemed necessary by Hat Academy.
10.5. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
11. Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
11.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
11.2. view Content of our website www.hatacademy.com publically as lessons are not available to be screened in public nor is it to be used in an educational department to teach millinery skills in a School, College or University.
11.3. link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
11.4. download any part of Our Website, without our express written consent; Paid access users of the lessons who share accounts will be deleted.
11.5. collect or use any product listings, descriptions, or prices;
11.6. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
11.7. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
11.8. Despite the above terms, we now grant a licence to you to:
11.8.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
11.8.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
12. Interruption to Services
12.1. If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you. Eg, Site maintenance
12.2. You acknowledge that the Services may also be interrupted for many reasons beyond our control.
12.3. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.
12.4. Hat Academy content and lessons are provided on an ‘as is’ and ‘as available basis
13. Intellectual Property
You agree that at all times you will:
13.1. Not teach or pass on any techniques taught in Hat Academy but use solely for your own creative millinery benefit. Lessons taught remain the Intellectual Property of individual tutors and Hat Academy and not replicated in another millinery class situation.
13.2. not cause or permit anything which may damage or endanger our title or the title of all tutors to the Intellectual Property;
13.3. use any suspected infringement of the Intellectual Property;
13.4. indemnify us for any loss or expense arising from your misuse of the Intellectual Property;
13.5. not use any name or mark similar to or capable of being confused with any name or mark of ours;
13.6. far as concerns software provided or made accessible by us to you, you will not:
13.6.1 copy, or make any change to any part of its code;
13.6.2 use it in any way not anticipated by this agreement;
13.6.3 give access to it to any other person than you, the licensee in this agreement; Users sharing accounts will be deleted as members of Hat Academy and thereby lose all access to content/ lessons purchased at any stage of their registered membership.
13.6.4 in any way provide any information about it to any other person or generally.
13.7. not use the Intellectual Property except directly as anticipated by us in provision of the Services.
14. Disclaimers and limitation of liability
14.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
14.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
14.3. Our Website and our Services are provided “as is”. We make no representation or warranty that the Service will be:
14.3.1 useful to you;
14.3.2 of satisfactory quality;
14.3.3 fit for a particular purpose;
14.3.4 available or accessible, without interruption, or without error.
14.4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
14.5. We make no representation or warranty and accept no responsibility in law for:
14.5.1 accuracy of any Content or the impression or effect it gives;
14.5.2 delivery of Content, material or any message;
14.5.3 privacy of any transmission;
14.5.4 third party advertisements which are posted on Our Website or through the Services;
14.5.5 the conduct, whether online or offline, of any user of Our Website or the Services;
14.5.6 failure or malfunction of computer hardware or software or technical equipment or system connected directly or indirectly to your use of the Services; You are responsible for your upload of data and payment that requires.
14.5.7 any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
14.5.8 any aspect or characteristic of any goods or services advertised on Our Website; The ‘Millinery Essentials Course’ Certificate is granted once a student satisfactorily fulfils the set criteria based on Lessons 1-30. Receipt of this Certificate does not guarantee employment or business outcomes. The criteria is based on techniques taught and currently as there is no registered International standard for the Millinery trade it certifies the students success based of ten varied styles of headwear.
14.6. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Services concerned.
14.7. We shall not be liable to you for any loss or expense which is:
14.7.1 indirect or consequential loss; or for any loss or damage of any sort incurred as the result or dealings with recommended Suppliers or Third party sites, as the result of the presence of such on our network
14.7.2 economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
14.8. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
14.9. If you become aware of any breach of any term of this agreement by any person, please tell us by sending an email to firstname.lastname@example.org We welcome your input but do not guarantee to agree with your judgement.
14.10. In no event shall Hat Academy or its tutors be liable for any damages or injuries arising out of the use of materials and services provided to students through the Hat Academy online lessons. The student alone is responsible for reading and following all Occupational Health and Safety data provided by tutors and product suppliers. In any millinery studio it is important to give safety a high priority. Throughout Hat Academy lessons there is the use of glue, stiffeners, dyes and spray colour. Please observe all OH&S data provided by suppliers of products you have chosen. Be very careful of fumes and use in ventilated space or use a ventilated mask and wear protective clothing. Heat and steam may burn so wear protective gloves when handling heated materials.
15. You indemnify us
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
15.1. your failure to comply with the law of any country;
15.2. your breach of this agreement;
15.3. a contractual claim arising from your use of the Services
15.4. a breach of the intellectual property rights of any person;
15.5. and for the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at Au$100 per hour without further proof.
16. Miscellaneous matters
16.1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
16.2. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
16.3. If you are in breach of any term of this agreement, we may:
16.3.1 publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
16.3.2 terminate your account and refuse access to Our Website;
16.3.3 remove or edit Content, or cancel any order at our discretion;
16.3.4 issue a claim in any court.
16.4. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
16.5. You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.
16.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
Plus duplicated by e-mail to the address from which the receiving party has last sent e-mail or email@example.com :within 24 hours if no notice of non-receipt has been received by the sender.
16.7. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
16.8. This agreement does not give any right to any third party.
16.9. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
16.10. The validity, construction and performance of this agreement shall be governed by the laws of the State of Queensland. Australia.