These terms and conditions (“Terms and Conditions”) govern the use of www.open-folio.com (the “Site”). The Site, owned and operated by Rosanna Bird, serves as an e-commerce, network and media platform.

By using this Site, you agree that you have read, comprehended, and consent to abide by these Terms and Conditions.

Ownership of Intellectual Property

All content created by Open-folio and available on our Site exclusively belongs to Rosanna Bird and the Site’s creators. This encompasses, but is not limited to, images, text, logos, documents, downloadable files, and all elements contributing to the Site’s composition.

User-generated content published on our site remains the intellectual property of the respective users. Open-folio does not assert ownership of this work. We retain the right to utilize user-generated content, such as images, for promotional purposes, including social media, with due credit to the original creators whenever possible.

Content referencing the intellectual property of third parties is shared with appropriate permissions or in compliance with fair dealing guidelines. If you believe we’ve unintentionally violated copyright, please contact us for prompt resolution.

Acceptable Use

By using our Site, you commit to legal and ethical usage, refraining from any unlawful activities. Specifically, you agree not to:

Harass or mistreat other users.

Infringe upon the rights of other users.

Violate the intellectual property rights of the Site owners or any third party.

Attempt to hack into other users’ accounts.

Engage in fraudulent activities.

Post material that may be considered inappropriate, offensive, or misleading.

Discriminate against any individual or group.

Promote NFTs or mass-produced, unoriginal art.

When discussing or sharing sensitive information or topics, ensure you have the right to do so, particularly concerning cultural knowledge.

In cases of illegal use of our Site or a breach of these Terms and Conditions, we reserve the right to limit, suspend, or terminate access. Legal action may be taken to prevent unauthorized access.

User Contributions

Users may eventually post information on our Site, including items for sale, photos, videos, and public comments. By making public posts, you agree not to act illegally or violate these Terms and Conditions.

Accounts

Creating an account on our Site entails the following commitments:

You are solely responsible for your account and its security and privacy.

All personal information you provide through your account is accurate and up-to-date, with timely updates in case of changes.

We reserve the right to suspend or terminate your account for engaging in illegal activities or violating these Terms and Conditions.

Sale of Goods and Services

These Terms and Conditions govern the sale of goods and services available on our Site, which may include digital resources like eBooks, PDFs, masterclasses, guides, templates, and similar items. In the future, we may introduce online art services such as mentorships, portfolio reviews, and art brokerage, some of which may require full upfront payment.

These Terms and Conditions apply to all products listed on our Site, including those labelled as “out of stock.” While we aim for accuracy in information, descriptions, and images, we cannot guarantee the absolute accuracy of all the goods and services we offer. You agree to make purchases from our Site at your own discretion.

We retain the right to modify, reject, or cancel orders when necessary. In case of order cancellation, where payment has already been processed, we will provide a refund equal to the payment amount.

Third Party Goods and Services

Our Site may feature goods and services from third parties. We cannot guarantee the quality or accuracy of these offerings. Users are encouraged to exercise caution and review the terms, conditions, and privacy policies of these third-party websites before use.

User Goods and Services

Users on our Site may sell goods and services. Open-folio assumes no responsibility for the goods and services users sell. We cannot guarantee the quality or accuracy of user-generated goods and services. However, we reserve the right to suspend or prohibit users from selling on our Site if they violate these Terms and Conditions.

Subscriptions

Your subscription is set to automatically renew, and you will be billed accordingly until you inform us of your intent to cancel. You can cancel your subscription through your account settings. Your subscription will continue for the duration you have paid for and will not renew thereafter.

By providing your payment information, you authorize us to charge the amount due to the specified payment instrument. In cases where we believe your payment violates any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Consumer Protection Law

In cases where the Australian Consumer Law or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies. These Terms and Conditions are subject to the mandatory provisions of such legislation. If a conflict arises between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will take precedence.

Links to Other Websites

Our Site contains links to third-party websites and services not under our ownership or control. We are not responsible for the content, policies, or practices of these third-party entities. It is your responsibility to review the terms and conditions and privacy policies of these third-party websites before using them.

Limitation of Liability

Rosanna Bird, our directors, officers, agents, employees, subsidiaries, and affiliates are not liable for any actions, claims, losses, damages, liabilities, or expenses, including legal fees, arising from your use of the Site.

Indemnity

You agree to indemnify and hold harmless Rosanna Bird, our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities, or expenses, including legal fees, arising from your use of our Site or your violation of these Terms and Conditions, unless prohibited by law.

Applicable Law

These Terms and Conditions are governed by the laws of the State of Queensland.

Severability

If any provisions in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and removed. All other provisions will remain valid and unaffected.

Changes

These Terms and Conditions may be amended from time to time to ensure legal compliance and align with changes in our Site’s operations or user expectations. Users will be notified of changes through email or a notice posted on our Site.

Contact Details

If you have any questions or concerns, please reach out to us at:

Email: hello@open-folio.com

You can also request a phone call by filling out a contact form on our website.

This policy was last updated on October 12, 2023