PLEASE READ THESE TERMS OF SERVICE AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS USING THE SERVICE. THESE INCLUDE VARIOUS LIMITATIONS, LIABILITIES AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. THESE TERMS AND CONDITIONS APPLY TO CLIENTS WHILE BOOKING AN ART PROJECT.
THE BUSINESS
Kulturelia.com (“the Website”) dba Aurélia Bizouard Art(“the Company”) is a service business that offers art services and art projects. Aurélia Bizouard Artallows an audience or the buyer (“the HOST” “the Client”) to attend art events, talks, meetings or presentations AND BOOK PUBLI ART PROJECTS (“the Art project”, “the Service”), under Kulturelia.com, as set out in these Terms and Conditions.
BOOKING AN ART PROJECT
Clients will book an Art project (i.e. light experience, light lines painting, etc.) on the Website or via Aurelia Bizouard Art. THE client assists KULTURELIA in organizing the Art project, providing a place to create the art project. Kulturelia creates the glass artwork and projects the artwork in order to create a public art project. Unless it is specifically stated in these Terms and Conditions, Kulturelia.com does not do anything more than that. Kulturelia.com is not responsible of the place the Art project takes place (hosting by the client or the HOST) or if anything happens in the host’s place.
AGREEMENT BETWEEN CLIENTS AND KULTURELIA
Welcome to the “Kulturelia” website www.Kulturelia.com (the “Website”). These Terms and Conditions is a legal agreement between you and Kulturelia.com regarding the use of the Website, the Service and of your rights and obligations that apply to your arrangements with us. These Terms and Conditions govern your access to and use of our Service and any information or other materials provided to us or received from us. Your access to and use of the Website and Service are conditioned on your acceptance of and compliance with these Terms and Conditions. This Service is offered to you without modification of all the terms, conditions, and notices set out in these Terms and Conditions.
The terms "we", "us", "our", “The Website” and " Kulturelia.com " refer to Aurélia Bizouard Artdba Kulturelia.com, a sole proprietorship company based in Vancouver, British Columbia. The term "you" or “Clients” (“Buyers”) refers to the clients visiting the website and/or booking an Art project through us and on the Kulturelia.com’s website. The term “Hosts” (“Places”) refers to places where the art project is held and host Attendees.
By accessing or using the Website of Kulturelia.com, booking any reservation the Service on this website or via any person working for Kulturelia, you agree that the Terms and Conditions then in force shall apply. If you do not want to be bound by these Terms and Conditions do not navigate or use the Website or use the Service provide by Kulturelia.com.
USE OF THE WEBSITE AND THE SERVICE OF KULTURELIA
As a condition of your use of the Kulturelia.com’s website, you warrant that:
1. you have reached the age of majority in your province of residence;
2. you possess the legal authority to create a binding legal obligation;
3. you will use the Kulturelia.com’s Website and the Service in accordance with these Terms and Conditions;
4. you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act;
5. you will inform such other persons about the Terms and Conditions that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto;
6. all information supplied by you to us is true, accurate, current and complete. We retain the right at our sole discretion to deny access to anyone to the website and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms and Conditions;
7. you will use our Service and the Website only in compliance with these Terms and Conditions and all applicable local, state, national, and international laws, rules and regulations; and
8. while using our Service you agree not to violate any laws, third party rights or our policies;publish false, inaccurate, misleading, defamatory, or libelous content (including personal information);harvest or otherwise collect information about users, including email addresses, without their consent;distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;distribute viruses or any other technologies that may harm Kulturelia.com, or the interests or property of our users;test the vulnerability of any system or network or breach or circumvent any security or authentication measures;facilitate or encourage any violations of the foregoing.
9. The final painting is completed once the people paint the entire mural and, if necessary, the artwork may be finished by the artist. The canvas will have to be stretched at the end of the process by the Client.
PAYMENT AND PRICES
Payment may be made by credit card, via the secure payment system Paypal, by interac or by cheque. To confirm a reservation, half payment must be made at the time of the reservation of the art project and full payment is required at the time of the start of the Art project. As part of an order for which certain services could not be confirmed due to lack of availability, the price for the Service that is unavailable shall be re-credited to the cardholder.
The prices mentioned on this website or via any correspondence are in Canadian dollars. Unless otherwise stated, some taxes will be applied to the amount (PST).
Prices are subject to change without notice, and shall become final only upon receipt of confirmation. The pricing is not in itself a guarantee. Prices include all the Service specified in the description of each Art project.
CANCELLATIONS AND CHANGES
In case of a cancellation occurring, it is to the discretion of Kulturelia.comto issue a refund, which may be partial or complete in its sole discretion which may be unreasonably withheld or delayed without notice by Aurelia Bizouard Art. Kulturelia.com will do its best to accommodate the Client and might be rescheduled to an alternative Art project.
However, for any cancellation from the Client on the actual day of the Service, 100% of the price of the Service will be charged as fees.
Any request for cancellation must be sent by e-mail using the contact form on the Website (mentioning the Art project, reference and date), which shall process this request as soon as possible.
BANK AND CREDIT CARD FEES
Many bank and credit card companies charge their account holders a transaction fee when the card issuer and the "merchant location" (as defined by the card brand, e.g. Visa, MasterCard, American Express) are in different countries. The currency exchange rate, if applicable, and any transaction fee are determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholder’s account. When applied by the card issuer, the fees will be listed separately from the transaction amount on a credit or debit card statement. This means the amount listed on your credit card statement may be a different figure than the figure shown on the billing summary page for a reservation booked on the Website. Please contact your bank if you have any questions about these fees or any exchange rate applied to your booking.
LIABILITY AND WAIVER
WE ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE, DELAY, INJURY OR DEATH CAUSED TO YOU OR ANY OF OUR HOSTS BY THEFT OR ANY OTHER CRIMINAL ACTIVITIES, TERRORIST ACTIVITIES, WAR, SOCIAL OR LABOUR UNREST, MECHANICAL OR CONSTRUCTION FAILURE OR DIFFICULTIES, DISEASE, LOCAL LAWS, CLIMATIC CONDITIONS, ABNORMAL CONDITIONS OR DEVELOPMENTS OR ANY OTHER ACTIONS OR CONDITIONS OUTSIDE OF OUR CONTROL. BY ASSISTING TO AN ART PROJECT YOU VOLUNTARILY ASSUME ALL THE RISKS INVOLVED WHETHER EXPECTED OR UNEXPECTED. YOU ARE HEREBY WARNED OF SUCH RISKS AND YOU SHOULD INFORM YOURSELF OF ANY APPLICABLE ADVISORIES AND INOCULATIONS OR OTHER PRECAUTIONS THAT SHOULD BE TAKEN FOR YOUR ART PROJECT. YOU ALSO ACCEPT FULL RESPONSIBILITY FOR IDENTIFYING AND OBTAINING ALL THE DOCUMENTS REQUIRED FOR ORGANISING THE ART PROJECT WTH KULTURELIA.
YOU WAIVE ALL AND ANY RIGHTS OR CLAIMS THAT YOU, YOUR HEIRS, ASSIGNS OR ANY OTHER PERSON MAY HAVE AGAINST US ARISING DIRECTLY OR INDIRECTLY FROM THE OCCURRENCE OF ANY SUCH RISK, OR OUR FAILURE, WHETHER NEGLIGENT OR OTHERWISE, TO INFORM YOU OF ANY RISKS OR OF PRECAUTIONS YOU SHOULD TAKE OR DOCUMENTS YOU MAY REQUIRE. YOU ALSO ACKNOWLEDGE THAT NO INSURANCE DURING THE Art project HAS BEEN OFFERED WITH KULTURELIA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KULTURELIA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THEPROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KULTURELIA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS AVAILABLE “AS IS” AND “AS AVAILABLE” BASIS. YOUR ACCESS TO AND USE OF OUR SERVICE OR ANY CONTENT OF THE WEBSITE IS AT YOUR SOLE RISK. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICE OR ANY CONTENT OF THE WEBSITE OR WHETHER THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
KULTURELIA WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM OR YOUR PERSONAL DATAS SUCH AS CREDIT CARD NUMBERS OR USE OF THE CREDIT CARD, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE, OR ANY CONTENT. YOU ALSO AGREE THAT KULTURELIA HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES.
AS THE HOSTS CONTROL THE PLACE OF THE DELIVERY OF THE ART PROJECT, WE DO NOT WARRANT THE PLACE. WE HAVE NO CONTROL OVER, WE CANNOT AND DO NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF SERVICES OFFERED BY OUR HOSTS. WE ALSO DO NOT WARRANT THE FINANCIAL POSITION OF ANY HOST. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY REFUND, LOSS, DAMAGE, DELAY OR INJURY RESULTING FROM THE FAILURE OF ANY HOST TO PROVIDE A PLACE TO YOU TIMEOUSLY OR AT ALL, OR FOR ANY OTHER BREACH OF CONTRACT OR ANY INTENTIONAL OR CARELESS ACT OR OMISSION BY ANY HOST, ANY PLACES THE ART PROJECT IS CREATED.
REGARDLESS OF THIS SECTION, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF ONE HUNDRED CANADIAN DOLLARS (100.00) OR THE AMOUNT YOU PAID KULTURELIA, IF ANY, IN THE PAST 12 MONTHS PRIOR TO THE CLAIM.
PERSONAL INFORMATION AND USE
Kulturelia.com collects two types of information relating to Website visitors. The first type is personal data, such as your name, addresses, phone number, email address, etc., which is communicated voluntarily. Most of this information is collected when you purchase a Service from Kulturelia.com or when you contact us by email, by phone or by submitting a form on our Website. We may keep your name, email and/or any other personal information that you voluntarily submit to Kulturelia.com in order to identify you for future communications and to personalize the service we provide. The second type of information we collect is general information, such as the number of visitors on our Website, the visited pages, etc. In general, we do not require your personal information prior to your visit on our Website. However, you may not have access to view certain Website pages without disclosing your identity.
INTERNATIONAL TRANSFER OF PERSONAL INFORMATION
Your information may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction if you are located outside Canada. Your consent to this privacy policy followed by your submission of such information and the use of our Service represents your agreement to that transfer.
GOVERNING LAW
These Terms and Conditions will be governed by and construed exclusively and solely in accordance with the laws, other than choice of law rules, of the Province of British Columbia. Any matter regarding the interpretation and application of this Agreement, and all disputes arising under or in connection with these Terms and Conditions will be within the sole and exclusive jurisdiction of the courts of British Columbia. The parties irrevocably agree to and hereby accept and attorn to the exclusive jurisdiction of the Courts of British Columbia for any and all claims that they may have related in any way to this Agreement and all disputes relating to or arising under these Terms and Conditions, and the parties irrevocably covenant and agree not to commence any action or bring any claim in any other forum relating in any way to this Agreement or its renewal or non-renewal or any dispute relating to or arising under these Terms and Conditions.
INSURANCE OF KULTURELIA
DISPUTES
If a dispute arises between a Host and/or a Participants and a Client, they must have used reasonable efforts to try to remedy the circumstances of the issue prior to making a claim to Kulturelia.com (you must provide evidence of having done so).
If a dispute arises between you and kulturelia.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute in a cost effective manner through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
MODIFICATION OF TERMS
We reserve the right to make changes to these Terms and Conditions at any time in our sole discretion with no notice. Accordingly, you should review these Terms and Conditions from time to time for such changes. If the modification, at our sole discretion, constitutes a material change, we will notify you via e-mail. Regardless the way we communicate such changes to you, your continued use of our Service constitutes your acceptance.
WAIVER OR INVALIDITY OF PORTION OF TERMS OR CONDITIONS
If any portion of these Terms and Conditions are found to be invalid or unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any right or provision of these Terms and Conditions will not be deemed a waiver of such right or provision.
ENTIRE AGREEMENT
These Terms and Conditions make up the entire Agreement between you and us regarding our Service, and supersedes any prior agreements.
OTHER WEBSITES / HYPERLINKS
This Website may contain hyperlinks to websites operated by parties other than Kulturelia.com. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites.
SERVICE HELP
For quick answers to your questions, ways to contact us, for more information on the legal issues contained in these Terms and Conditions, or any questions or problems about this Service, please write us by using the contact form available on the Website.
COPYRIGHT, PROPERTY RIGHT, SOCIAL MEDIAS AND TRADEMARK NOTICES
All material on our website, right, title, and interest in and to the Service are and will remain the exclusive property of Kulturelia.com. The Service is protected by copyright, trademark, and other laws of both Canada and foreign countries. Nothing in these Terms and Conditions gives you a right to use the Kulturelia.com name or any of our trademarks, logos, domain names and other distinctive brand features.
You acknowledge and agree that all of the content and features available on the Website – especially, but not limited to, text, programs and software, databases, photos, movies, sounds, music, presentation and logos – are protected by copyrights, rights protection database, trademarks, service marks, patents, trade secrets or other rights and property laws. The content and materials available are either exclusively owned and controlled by Kulturelia.com or used under license. These Terms and Conditions apply to all content and all elements available on the Website.
Every photography in display when the art project is over, or later on, should specify the name of the artist Aurelia Bizouard, the social medias @kulturelia @aureliabizouard and the statement of the artwork.
No photography should be used without the agreement of the Artist, Aurelia Bizouard and the company Aurelia Bizouard Art. Photographs can be taken to use it as a documentation, but prints are limited and for sale only by the artist who owns the copyrights, representation and reproduction rights.
