Terms of Purchase of Online Courses
This Terms of Purchase states the terms and conditions that govern your purchase of an Online Course from SIGNS PROJECT. You should read these terms and conditions carefully before purchasing any Online Course. By purchasing an Online Course, you agree to be bound by these terms and conditions and the documents referred to in them. If you do not agree with or accept any of these terms, you should not purchase any Online Course. If you have any questions about these terms, please contact [email protected].
In consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the Parties hereto agree as follows:
1. Definitions
(i) "Agreement" means this Terms of Purchase of the Online Courses and all Schedules and Exhibits attached hereto.
(ii) “Confidential Information” means information provided by one Party to the other in written, graphic, recorded, machine-readable or other form concerning the business, clients, suppliers, finances and other areas of the other Partyʼs business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the Party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing Party.
(iii) "Content" means any text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Website.
(iv) “Course Materials” means the information provided by SIGNS PROJECT to accompany the Online Courses in hard copy or electronic form.
(v) “Course Specific Terms and Conditions” means the terms and conditions, if any, that are applicable to a particular Online Course provided through SIGNS PROJECT.
(vi) “Fees” means the fees paid by you to SIGNS PROJECT.
(vii) “Instructors” means the tattoo artists who are teaching the Online Courses.
(viii) “Intellectual Property” means any property, tangible or intangible, that may be subject to Intellectual Property rights, whether registrable or not, including without limitation, ideas, formulae, algorithms, concepts, techniques, processes, procedures, approaches, methodologies, plans, systems, research, information, documentation, data, data compilations, specifications, requirements, designs, trademarks, diagrams, programs, inventions, technologies, software, tools, products knowledge, know-how, 2 including without limitation, patents, copyrights, trademarks, industrial designs, trade secrets and other materials or things.
(ix) “Online Courses” means the delivery by us of an online course, sometimes referred to as a MasterClass or Mastership, pursuant to which you consume the program and Course Materials remotely. An Online Course includes any discourses made by our Instructors while conducting the program, and is made available to you through access to your user account with SIGNS PROJECT .
(x) “Party” means SIGNS PROJECT or You, as the context requires, and “Parties” includes both SIGNS PROJECT and You.
(xi) "Website" includes https://www.signsproject.com/ and all associated web pages.
(xii) "We", "us" or "our" means SIGNS PROJECT.
(xiii) "You" or "your" means the individual buying products from the Website.
2. Scope of Agreement
2.1 This Agreement governs your rights with respect to the purchase of the Online Courses. These terms are in addition to any applicable MasterClass, MasterShip and Courses Disclaimer that apply from time to time.
* MasterClass/MasterShip/Courses Disclaimer: The Online Courses is only for advanced tattoo artists. The information provided in or through this Website is for educational and informational purposes only and solely as a self-help tool for your own use.
2.2 In the event of a conflict between the provisions of this Agreement and any Course Specific Terms and Conditions which might apply to a specific Online Course, the following shall be the order of precedence: (i) the Course Specific Terms and Conditions; and (ii) this Agreement.
3. Scope of the Online Courses
3.1 You agree and acknowledge that by purchasing an Online Course through the Website, you are obtaining from SIGNS PROJECT a limited, non-exclusive, nontransferable, revocable licence to access the related Course Materials through the Website. No other rights are being granted to you and, without limiting the generality of the foregoing, SIGNS PROJECT is not granting you any right or licence to copy, modify, distribute, disseminate or otherwise use the Course Materials or any Intellectual Property embodied in the Course Materials.
3.2 The Online Courses are limited to the description set out on the Website. We do not include any examination with any professional tattoo artist or skills follow-up program.
3.3 A description of the Online Courses together with the dates on which the Online Courses will begin and end are available on our Website. Other than our rights to revoke access as set forth in this Agreement, you acknowledge and agree that you shall have the length of time as indicated by these dates to access the Online Courses purchased, and that such start and end dates are established by each individual Instructor.
3.4 We reserve the right to vary or withdraw the Online Courses described on the Website without notice.
3.5 These Online Courses are made for advanced tattoo artists. We do not guarantee that you will attain a particular result, professional qualification, or employment opportunity from your purchase and completion of any of the Online Courses. You accept and understand that the results differ for each individual. Your results depend on your unique background, dedication, desire, motivation, actions, abilities, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through the Website or the Online Courses.
4. Purchasing the Online Courses
4.1 In order to purchase an Online Course, you must register for an account via the Website. If you already have an account, you can log into your account by using your username and password.
4.2 Following receipt by us of your purchase of the Online Course via the Website, we will contact you through email confirming receipt of your purchase.
4.3 You are not permitted to cancel your purchase of an Online Course, receive a refund, change an Online Course, or request any variation of an Online Course dates.
4.4 Your access to the Online Courses and Course Materials is conditional upon our receipt from you of the applicable payment. Access to the Online Courses will be provided through your user account within a reasonable time following our receipt of such payment.
5. Fees
5.1 The Fees for the Online Courses shall be as set out on the Website at the time you purchase any Online Course. The Fees are listed and charged in USD.
5.2 Unless otherwise specified at the time you purchase an Online Course, the Fee is exclusive of all applicable taxes owed by you, such as sales, use, excise, import or export, stamp, value added, and any similar tax or duty, and you are responsible for remitting such taxes in accordance with any applicable laws.
5.3 SIGNS PROJECT shall not be responsible for any expenses charged by your debit card provide, credit card provider, or other payment service providers in connection with your purchase of an Online Course, including transaction fees, foreign exchange fees, or any other fee.
5.4 You are responsible for all incidental costs incurred, such as but not limited to internet expenses, photocopying expenses, and expenses relating to tattoo materials and supplies.
6. Intellectual Property
6.1 As between SIGNS PROJECT and you, SIGNS PROJECT is the owner of the entire right, title and interest in all Intellectual Property associated with the Website and the Online Courses. SIGNS PROJECT reserves all rights to such Intellectual Property other than specifically granted herein.
6.2 You are not authorized to: (i) copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the Course Materials, including removing any watermarks, such as your email and IP address, from the Course Materials; (ii) record on video, screen recorder or audiotape, relay by videophone, or any other means, an Online Course; (iii) use the Course Materials in the provision of any other course or teaching, whether given by us or any third-party; (iv) remove any copyright or other notice of SIGNS PROJECT on the Course Materials; or (v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
6.3 In its sole and absolute discretion, SIGNS PROJECT may initiate a legal proceeding arising out of the breach of clause 6.2 above in accordance with the jurisdiction set out in Clause 14. You shall indemnify and hold harmless SIGNS PROJECT from and against any and all claims, liabilities, demands, causes of action, damages, losses and expenses including, without limitation, reasonable legal fees and costs of suit, arising out of or in connection with any legal proceeding arising out of a breach of clause 6.2.
7. Confidentiality
7.1 Each Party acknowledges and agrees to keep the other Party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions.
7.2 Either Party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice.
8. Liability
8.1 No information provided through the Website, including but not limited through any Online Course, is deemed to be, nor is it intended to be, nor should it be taken to be, providing investment advice.
8.2 If you purchase such Online Courses, you hereby indemnify SIGNS PROJECT, its Affiliates, directors, employees, contractors and agents, and the applicable Instructor against any liabilities arising from your negligent application of the information provided therein.
8.3 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE ONLINE COURSES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SIGNS PROJECT MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE ONLINE COURSES WILL MEET YOUR REQUIREMENTS OR THAT THE ONLINE COURSES WILL BE AVAILABLE UNINTERRUPTED OR ERROR FREE. IN NO EVENT SHALL SIGNS PROJECT BE LIABLE TO YOU FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES INCLUDING, WITHOUT LIMITATION: (i) ANY INACCURACY OR MISLEADING INFORMATION PROVIDED IN THE ONLINE COURSES AND COURSE MATERIALS AND ANY RELIANCE BY YOU ON ANY SUCH INFORMATION; (ii) ANY LOSS OR CORRUPTION OF DATA; (iii) THE UNAVAILABILITY OF THE WEBSITE FOR ANY REASON; (iv) ANY REPRESENTATION OR STATEMENT MADE ON THE WEBSITE; (v) ANY LOSS OF PROFIT, REVENUE OR GOODWILL; (vi) ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS ARISING FROM ANY BREACH OF THE TERMS OF THIS AGREEMENT; OR (vii) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM YOUR PARTICIPATION IN THE ONLINE COURSES, INCLUDING BUT NOT LIMITED TO YOU FOLLOWING OR MISUNDERSTANDING THE INSTRUCTION IN THE ONLINE COURSE, WITH A CLAIM BY REASON OF BREACH OF WARRANTY OR BASED ON CONTRACT, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER SIGNS PROJECT HAS BEEN ADVISED OF THE RISK OF SUCH DAMAGES IN ADVANCE.
8.4 EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS, NO CONDITIONS, WARRANTIES, OR 6 OTHER TERMS SHALL APPLY TO THE ONLINE COURSES. Subject to clause 8.6 below, no implied conditions, warranties, or other terms apply (including any implied terms as to the satisfactory quality of tattoo results for purpose or conformance with description of an Online Course).
8.5 Subject to clause 8.6 below, SIGNS PROJECT’s total liability arising from or in connection with these terms and conditions and in relation to anything which SIGNS PROJECT may have done or not done in connection with these terms and conditions and the delivery of the Online Courses (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. 8.6 No claim may be brought more than 1 (one) month after the last date on which the services concerned have finished or ceased to be provided by us.
8.7 SIGNS PROJECT DOES NOT HOLD ITSELF OUT AS A POST SECONDARY SCHOOL AND PROVIDES NO EDUCATIONAL CREDITS NOR ANY AUTHORISED DEGREES OR CERTIFICATES THAT COULD BE USED FOR POST SECONDARY SCHOOL BENEFITS OR ALTERNATIVES OF ANY KIND.
8.8 THE USE OF THE TERM “MASTERCLASS / COURSES” THROUGHOUT THE ONLINE COURSES SHALL MEAN MERELY A TRAINING PROGRAM AND NOT A “SCHOOL”. ADDITIONALLY, SIGNS PROJECT IS NOT RESPONSIBLE FOR ANY TATTOOING UNDERTAKEN WITH OR WITHOUT PROPER LICENCES OR KNOWLEDGE.
8.9 UPON REVIEW AND READING OF THESE TERMS YOU INDIVIDUALLY AND AS A MEMBER IN ANY CAPACITY WILL BE LEGALLY BOUND BY THE TERMS AND CONDITIONS HEREOF. YOU SHOULD SEEK YOUR OWN LEGAL ADVICE BEFORE PURCHASING ANY PRODUCT FROM SIGNS PROJECT OR ITS RELATED ENTITIES.
9. Termination
9.1 We shall be entitled to terminate access to the Online Courses and access to your user account with SIGNS PROJECT, in the event that you:
- fail to pay your Fees when due;
- act in an aggressive, bullying, offensive, threatening, or harassing manner towards any employee of SIGNS PROJECT, or Instructor providing the support in our Online Courses;
- steal or act in a fraudulent or deceitful manner towards us, our employees, the Instructors, or any other students who may be signed up to the Online Courses;
- intentionally or recklessly damage our reputation or the property of our employees;
- commit any criminal offense committed on our premises or where the victim is our employee; or
- are in breach of these terms and conditions.
9.2 Notwithstanding the termination of this agreement for any reason, the covenants set out in clause 5 (fees), 6 (intellectual property), 7 (confidentiality) and 8 (liability) of this Agreement shall survive any such termination.
10. Assignment
10.1 Any Online Course provided by us under this Agreement are personal to you. Neither this Agreement nor any of the rights or obligations hereunder may be transferred or assigned by you to any other person.
10.2 We may assign, transfer, sub-contract any of our rights or obligations in this Agreement to any third party at our discretion and without prior notice to you.
11. Entire Agreement
11.1 This Agreement, together with the Course Specific Terms and Conditions, constitutes the entire agreement between the parties and supersede any and all prior agreements, negotiations, discussions and arrangements, whether written or oral, between the Parties. The execution of this Agreement has not been induced by, nor do either of the Parties rely upon or regard as material, any representations, warranties, conditions, other agreements or acknowledgements not expressly made in this Agreement, or the Course Specific Terms and Conditions. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
12. Force Majeure
12.1 SIGNS PROJECT shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide the Online Courses due to a death in the Instructor’s family or a SIGNS PROJECT employee’s family, illness of the Instructor or of a SIGNS PROJECT employee, and Government edict or regulation.
13. Data Protection
13.1 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 8 principles governing our Use of Data. By purchasing the Online Courses in accordance with Clause 4, you agree to this Use.
13.2 When you register with us you will need to provide certain Data such as your contact details and demographic information, as per our requirements. 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 an Online Course.
13.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles, and to provide you with communications. We will not pass any personal data onto anyone outside of SIGNS PROJECT.
13.4 To enable us to monitor and improve our services, we gather certain aggregated information about you, including but not limited to details of your operating system, browser version, domain name, IP address, the URL you came from and go to, and the parts of the Website you visit.
13.5 We use information such as your user account, session identifiers, and password to enable us to identify whether you are using our services, assist with the provision of the Website and the Online Courses, and ensure that you have access to relevant content. We will only read the content of your cookie file through your web browserʼs interaction with the Website.
13.6 Our services, including the Online Courses and Course Materials, may link to thirdparty websites. This data protection clause does not apply to applications, technologies, or sites that are owned and/or operated by other parties. We are not responsible for their data policies, procedures, or content. The relevant third party’s terms of use, privacy policy, permissions, notices and choices should be reviewed by you regarding their collection, storage and sharing practices since they may be different from ours.
13.7 SIGNS PROJECT endeavors to take all reasonable steps to protect your 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 online over the Internet and will not hold us responsible for any breach of security.
13.8 SIGNS PROJECT may supplement the information that you provide with information we only receive from you.
13.9 If you wish to change or update the data we hold about you, please email us: [email protected].
14. Law and Jurisdiction
14.1 This Agreement is subject to Ontario law and federal Canadian law applicable therein and the parties hereby attorn to the exclusive jurisdiction of the provincial or federal courts, as jurisdiction deems appropriate, located in the city of Toronto, Ontario Canada in connection with any dispute hereunder.
15. Anti-Bullying
15.1 SIGNS PROJECT holds a zero-tolerance policy for bullying. If bullying or intimidation is communicated to us, including but not limited to bullying on any Social Media platform, email, or post by you, relating to the Online Courses, you will be required to immediately stop such bullying or intimidation. All comments are reviewed and monitored, and should a comment be inappropriate, will be removed by the SIGNS PROJECT at our sole and absolute discretion. If such behaviour continues, after providing one warning, SIGNS PROJECT reserves the right to remove or ban the individual from using our services. No Fees shall be refunded if banned. Notwithstanding the foregoing, you agree and acknowledge that SIGNS PROJECT is not obligated to take any action described above and is not liable for the actions of any third party toward you.
15.2 The Website may contain hyperlinks or references to third-party websites other than the Website. Any such hyperlinks or references are provided for your convenience only. We have no control over third-party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not constitute an endorsement of such third party's website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.
16. Notices
16.1 You can contact us by any of the following methods:
Email: [email protected]
The SIGNS PROJECT services, Online Courses, and all content thereof or available on the Website, is copyrighted by SIGNS PROJECT.