Last updated on: October 22, 2020

By signing up for a Hat Art Club Account (as defined in Section 1) or by using any Hat Art Club Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).

As used in these Terms of Service, “we”, “us” and “Hat Art Club” means the Hat Art Club, a not-for-profit organization registered in Alberta.

The services offered by the Hat Art Club under the Terms of Service include various products and services to help you improve your skills as an artist including memberships, art classes, locker rentals, and exhibit, promote and sell your artwork, whether online (“Online Services”), in person (“POS Services”), or both. Any such services offered by the Hat Art Club are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.hatartclub.com/terms. The Hat Art Club reserves the right to update and change the Terms of Service by posting updates and changes to the Hat Art Club website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. and if you do not accept such amendments, you must cease using the Services.

You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including the Hat Art Club’s Acceptable Use Policy (“AUP”) and Privacy Policy before you may sign up for a Hat Art Club Account or use any Hat Art Club Service. Additionally, in light of the COVID-19 global pandemic you must read, acknowledge and agree to the Rules of Engagement during COVID-19.

1. Account Terms

  1. To access and use the Services, you must register for a Hat Art Club account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. The Hat Art Club may reject your application for an Account, or cancel an existing Account, for any reason, in its sole discretion.

  2. You must be a minimum of 18 years of age to access any Services provided by the Hat Art Club.

  3. You confirm that you are receiving any Services provided by the Hat Art Club for the purposes of personal, household or family purpose, not for commercial purposes.

  4. You acknowledge that the Hat Art Club will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you.

  5. You are responsible for keeping your password secure. The Hat Art Club cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

  6. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).

A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of Hat Art Club may result in an immediate termination of your Services.

2. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the Zero Tolerance Policy, Locker Storage Policy, COVID-19 Policy, and Privacy Policy, before you may become a Hat Art Club member or class participant.

  1. The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Alberta and the laws of Canada applicable therein, without regard to principles of conflicts of laws.

  2. You acknowledge and agree that the Hat Art Club may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on the Hat Art Club’s website, available at https://www.hatartclub.com/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to the Hat Art Club’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.

  3. You may not use the Hat Art Club Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Canada and the Province of Alberta. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.

  4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by the Hat Art Club.

  5. Questions about the Terms of Service should be sent to hat.art.club@gmail.com.

  6. You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

  7. You acknowledge and agree that your use of the Services, including information transmitted to or stored by the Hat Art Club, is governed by its privacy policy at https://www.hatartclub.com/privacy.

  8. All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. The Hat Art Club shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without the Hat Art Club’s prior written consent, to be given or withheld in the Hat Art Club’s sole discretion.

  9. If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.

3. Hat Art Club Rights

  1. We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.

  2. We reserve the right to refuse service to anyone for any reason at any time.

  3. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via the Shop, or the Materials uploaded or posted to the Shop, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.

  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Hat Art Club member or class participant will result in immediate Account termination.

  5. It is in our sole discretion of The Hat Art Club to refuse or remove any Materials from the Service, including the Shop.

  6. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of government issued photo ID, the last four digits of the credit card on file, etc.

  7. The Hat Art Club retains the right to determine, in its sole judgment, rightful Account ownership and transfer an Account to the rightful Account Owner. If we are unable to reasonably determine the rightful Account Owner, without prejudice to our other rights and remedies, the Hat Art Club reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

4. Confidentiality

  1. “Confidential Information” shall include, but shall not be limited to, any and all information associated with an Account and not publicly known, including names, addresses and other information regarding Account owners, purchases, and any other confidential information, whether or not marked as confidential. The Hat Art Club’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our programs and practices.

  2. Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 4. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

5. Limitation of Liability

  1. You expressly understand and agree that, to the extent permitted by applicable laws, the Hat Art Club shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.

  2. To the extent permitted by applicable laws, in no event shall the Hat Art Club or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Hat Art Club partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.

  3. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

  4. The Hat Art Club does not warrant that the Services will be uninterrupted, timely, secure, or error-free.

  5. The Hat Art Club does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

  6. The Hat Art Club does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

6. Waiver, Severability, and Complete Agreement

The failure of the Hat Art Club to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service shall remain in full force and effect.

The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and the Hat Art Club and govern your use of the Services and your Account, superseding any prior agreements between you and the Hat Art Club (including, but not limited to, any prior versions of the Terms of Service).

7. Intellectual Property and Customer Content

  1. We do not claim any intellectual property rights over the Materials you provide to the Hat Art Club Service. All Materials you upload remains yours. You can delete your Account at any time.

  2. By uploading Materials, you agree: (a) to allow other internet users to view the Materials we post publicly to the Shop; (b) to allow the Hat Art Club to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that the Hat Art Club can, at any time, review and delete all the Materials submitted to its Service, although the Hat Art Club is not obligated to do so.

  3. You retain ownership over all Materials that you upload to your Account; however, by becoming a Consignor in our Shop, you agree to allow others to view Materials that you have posted. You are responsible for compliance of the Materials with any applicable laws or regulations.

  4. The Hat Art Club shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Account to promote the Service.

8. Payment of Fees

  1. You will pay the Fees applicable to your membership (“Membership Fees”) and any other applicable fees and any fees relating to your use of any products or services such as class enrolment fees, storage locker rental fees, artwork consignment fees relating to the value of sales made through the Shop, (“Additional Fees”). Together, the Membership Fees, and the Additional Fees are referred to as the “Fees”.

  2. You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. The Hat Art Club will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and The Hat Art Club will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in Canadian dollars, and all payments shall be in Canadian currency.

  3. Membership Fees are paid in advance and memberships are valid from Oct. 1 to Sept. 30 of the following year. Membership Fees will not be pro-rated even if the membership is purchased after the membership renewal period (Sept. 1 to Sept. 30 of every year). Additional Fees will be charged from time to time at the Hat Art Club’s discretion. You will be charged on the Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account owner via the email provided.

  4. All Fees are exclusive of applicable federal, provincial, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).

  5. You are responsible for all applicable Taxes that arise from or as a result of your membership to or purchase of the Hat Art Club’s products and services. To the extent that the Hat Art Club charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to the Hat Art Club of your exemption. If you are not charged Taxes by the Hat Art Club, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.

  6. For the avoidance of doubt, all sums payable by you to the Hat Art Club under these Terms of Service shall be paid free and clear of any deductions or withholdings other than artwork consignment fees. Other than Taxes charged by the Hat Art Club to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. The Hat Art Club shall be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.

  7. The Hat Art Club does not provide refunds.

9. Cancellation and Termination

  1. You may cancel your Account and terminate the Terms of Service at any time by contacting hat.art.club@gmail.com and then following the specific instructions indicated to you in the Hat Art Club’s response.

  2. Upon termination of the Services by either party for any reason:

    1. The Hat Art Club will cease providing you with the Services and you will no longer be able to access your Account;

    2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;

    3. any outstanding balance owed to the Hat Art Club for your use of the Services through the effective date of such termination will immediately become due and payable in full; and

    4. any artwork on consignment in the Shop will be taken offline.

  3. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

  4. We reserve the right to modify or terminate the Hat Art Club Service, the Terms of Service and/or your Account for any reason, without notice at any time (unless otherwise required by applicable law). Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.

  5. Fraud: Without limiting any other remedies, the Hat Art Club may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.

10. Modifications to the Service and Prices

  1. Prices for using the Services are subject to change without notice.

  2. The Hat Art Club reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice (unless otherwise required by applicable law).

  3. The Hat Art Club shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

11. Feedback and Reviews

The Hat Art Club welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services (collectively, “Feedback") to the Hat Art Club be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to the Hat Art Club (whether submitted directly to the Hat Art Club or posted on any Hat Art Club hosted forum or page), you waive any and all rights in the Feedback and that the Hat Art Club is free to implement and use the Feedback if desired, as provided by you or as modified by the Hat Art Club, without obtaining permission or license from you or from any third party. Any reviews of a Service or Third Party Provider that you submit to the Hat Art Club must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. The Hat Art Club reserves the right (but not the obligation) to remove or edit Feedback of Services or Third Party Providers, but does not regularly inspect posted Feedback.

12. Rights of Third Parties

Save for the Hat Art Club and its affiliates, Hat Art Club Members or anyone accessing Hat Art Club Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.

13. Privacy & Data Protection

The Hat Art Club is firmly committed to protecting the privacy of your personal information. By using the Service, you acknowledge and agree that the Hat Art Club’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

14. Refund Policy

All memberships, classes and artwork are final sale.

Additional non-returnable items:
- Gift cards
- Books
- Event tickets

If you are unable to attend a class you have registered for and a waitlist exists for a class, you can send an email to directoreducation.hat.art.club@gmail.com to transfer your place to someone on the waitlist. If the space can be filled, it will be up to the person surrendering their spot to connect with the person taking their spot to directly arrange for payment. The Hat Art Club will not issue any refunds.

Exchanges. We only replace physical items if they are defective or damaged. If you need to exchange and item or items for the same item or items, please send us an email at hat.art.club@gmail.com to arrange to for an exchange.
 
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

15. Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

16. Contact Information

Questions about the Terms of Service should be sent to us at hat.art.club@gmail.com.