Last updated: 12/06/2025

These Terms and Conditions (“Terms“) govern your use of the Vizabox website and the purchase or booking of any goods or services supplied by Kouragen Pty Ltd (ABN 82 667 778 449) trading as Vizabox (“Vizabox“, “we“, “us“, “our“). By accessing this website, placing an order, or booking an in‑person event, you agree to be bound by these Terms and any policies referenced herein. If you do not agree, you must not continue to use our site, purchase products, or make a booking.

Australian Consumer Law Notice: Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Competition and Consumer Act 2010 (Cth) or any other applicable legislation that cannot lawfully be excluded, restricted, or modified.

PART A – GENERAL WEBSITE TERMS OF USE

1  DEFINITIONS

2  ELIGIBILITY & ACCOUNT SECURITY

2.1  You must be at least 18 years old (or have parent/guardian consent) to place an order or make an Event booking.
2.2  You warrant that all information supplied when creating an Account or placing an order is true, accurate, and complete.
2.3  You are responsible for maintaining the confidentiality of your login credentials and all activity under your Account.

3  INTELLECTUAL PROPERTY (WEBSITE)

All content on this site—including text, images, graphics, videos, logos, and software—is owned or licensed by Vizabox and protected by Australian and international intellectual‑property laws. You may view and print pages for personal use only. Any reproduction, distribution, or commercial exploitation requires our prior written consent.

4  USER CONTENT & PROHIBITED CONDUCT

4.1  If you post, upload, or submit content to the site, you grant Vizabox a perpetual, royalty‑free licence to use, reproduce, and adapt that content for our business purposes.
4.2  You must not:

• use the site in breach of any law or regulation;

• introduce malicious code, attempt to gain unauthorised access, or disrupt the site;

• infringe the intellectual‑property rights of Vizabox or third parties; or

• engage in abusive, harassing, or defamatory behaviour.

PART B – ONLINE SALE OF GOODS (ARTWORK KITS)

5  ORDERS & ACCEPTANCE

5.1  All online orders are offers to purchase and are subject to acceptance by Vizabox. We may refuse an order for any reason and will refund any monies received.
5.2  An order is accepted once we send an email confirmation or otherwise commence fulfilment.

6  PRICES & PAYMENT

6.1  All prices are in Australian Dollars (AUD) and include Goods & Services Tax (GST) unless expressly stated otherwise.

6.2  We accept the payment methods indicated at checkout. By submitting payment details you authorise us to charge the stated amount.

6.3  Where we impose a payment surcharge (for example, for credit‑card payments), it will not exceed our cost of acceptance for that payment method, in accordance with the Competition and Consumer Amendment (Payment Surcharges) Act 2016 (Cth).

6.4  Prices may change without notice; however, confirmed orders will not be affected.

7 DELIVERY, TITLE & RISK

7.1  Dispatch estimates are provided on product pages. Delays caused by postal services or customs are outside our control.
7.2  Risk in the goods passes to you on delivery. Title passes once full payment is received.
7.3  International customers are responsible for any duties or taxes imposed by the destination country.

8  RETURNS, REFUNDS & CONSUMER GUARANTEES

8.1  Our goods come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
8.2  For minor failures we may choose to repair or replace the goods or provide a refund.
8.3  Change‑of‑mind returns are accepted within 14 days of delivery provided the item is unopened, undamaged, and in saleable condition. You must pay return postage.
8.4  Digital downloads, once supplied, are non‑refundable except as required by the ACL.

9  LIMITATION OF LIABILITY (ONLINE SALES)

To the extent permitted by law, Vizabox excludes liability for indirect or consequential loss. Where liability cannot be excluded, our maximum liability is limited to the purchase price of the goods giving rise to the claim.

PART C – IN‑PERSON ART EVENTS

10  BOOKINGS & QUOTES

10.1  Each Event booking is confirmed only when you accept our written Quote and pay the required deposit.
10.2  Quotes are valid for 14 days unless stated otherwise.
10.3  Final participant numbers and special requirements must be confirmed no later than 7 days before the Event.

11  SCOPE OF SERVICES

Unless otherwise agreed in writing, Vizabox will:

• deliver a guided art session covering the medium and duration stated in the Quote;

• supply agreed art materials and protective equipment;

• provide instructors/facilitators with appropriate qualifications and Working With Children Checks (where required); and

• set‑up and pack‑down the workspace, leaving it in a tidy condition.

12  CLIENT RESPONSIBILITIES

The Client must:

• provide safe, clear access to the venue, suitable furniture, lighting, ventilation, and access to running water and electricity;

• ensure the venue complies with applicable health‑and‑safety and fire regulations;

• supervise Minors (minimum 1 responsible adult per 10 children under 12);

• disclose allergies, medical needs, or mobility issues of participants at least 72 hours in advance; and

• obtain all venue permits, liquor licences (if applicable), and approvals required for the Event.

13  FEES, DEPOSITS & PAYMENT

• Event Fee: as specified in the Quote or Booking Confirmation (inclusive of GST unless stated otherwise).

• Deposit: 50 % of the Event Fee is payable upon acceptance of the Quote.

• Balance: the remaining Event Fee is due no later than 7 days before the Event.

• Late Payment: amounts outstanding after the due date may accrue an administration fee of 5 % of the overdue balance every 14 days until paid in full.

14  TRAVEL & ADDITIONAL COSTS

14.1  Events held more than 25 km from the Sydney CBD attract a travel surcharge of AUD $1.10 per kilometre each way or a flat amount stated in the Quote, whichever is less.
14.2  Parking fees, tolls, accommodation, or freight specifically incurred for the Event may be charged back at cost where agreed in advance.

15  CANCELLATION & RESCHEDULING POLICY

15.1  Force‑majeure circumstances (e.g. instructor illness, extreme weather, government restrictions) entitle the Client to one free reschedule within 90 days.
15.2  If the Client seeks to reschedule a second time, a 15 % administration fee may apply.

15A AUSTRALIAN CONSUMER LAW – SERVICES

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). If our services do not meet the consumer guarantees—for example, if they are not provided with due care and skill or are not reasonably fit for their intended purpose—you are entitled to have the services re‑supplied or, in certain circumstances, to receive a refund or compensation. Nothing in these Terms seeks to exclude or limit those rights.

16  MINIMUM NUMBERS, DURATION & EXTRAS

16.1  The Event Fee covers the participant numbers and hours specified in the Quote/Booking Confirmation.
16.2  Additional participants or overtime will be invoiced at the rates set out in the Quote (currently AUD $40 per extra person or $20 per 15‑minute increment).
16.3  We may refuse to admit additional participants if capacity limits would be exceeded.

17  MATERIALS, HEALTH & SAFETY

17.1  All materials are non‑toxic and conform to EN‑71/ASTM D‑4236 where applicable; however, small parts, pigments, solvents, and latex may cause allergic reactions.
17.2  Participants with sensitivities must bring appropriate personal protective equipment (PPE) or request alternatives in advance.
17.3  The Client is responsible for ensuring children do not ingest or misuse materials.

18  PROPERTY DAMAGE & CLEAN‑UP

18.1  Vizabox will use reasonable care and provide protective coverings but is not responsible for pre‑existing damage or for surfaces the Client has chosen not to protect.
18.2  We recommend that carpets be covered with drop sheets and valuables removed from the work zone.
18.3  The Client is liable for any damage to Vizabox equipment caused by wilful or negligent acts of participants.

19 MEDIA CONSENT & RELEASE

19.1 Definitions

• Media Material means any photograph, video, audio recording or combination of these that depicts or otherwise identifies a Participant.

• Participant means (a) the individual completing a Vizabox form and ticking the Media Consent box; or (b) if that individual is under 18 years of age, the child in whose interests the form is completed by a parent or legal guardian.

19.2 Grant of Rights

By ticking the Media Consent box (or signing the hard‑copy equivalent), the Participant irrevocably grants Kouragen Pty Ltd (ABN 82 667 778 449) trading as Vizabox a non‑exclusive, worldwide, perpetual and royalty‑free licence to:

(a) capture Media Material in connection with Vizabox programs, events or activities;
(b) use, reproduce, adapt, publish, communicate and distribute the Media Material—either in original form or edited—in any media now known or later developed, including without limitation the Vizabox website, social‑media accounts, printed collateral, email campaigns and third‑party advertising platforms; and
(c) store or host the Media Material on secure servers, which may be located outside Australia (see clause 19.5).

19.3 No Remuneration

The Participant acknowledges that no payment, royalty or other compensation is or will be payable by Vizabox for the rights granted in clause 19.2.

19.4 Withdrawal of Consent

A Participant may withdraw consent at any time by emailing admin@vizabox.com.au and identifying the specific Media Material (or, if unknown, the relevant event and date). Vizabox will:
(a) cease any new use of the identified Media Material within a reasonable period; and
(b) take reasonable steps to remove the Media Material from Vizabox‑controlled channels,
but previously published content may continue to appear in third‑party archives, caches, print runs or user‑generated re‑posts beyond Vizabox’s control.

19.5 Privacy Notice

The Media Material may contain personal information within the meaning of the Privacy Act 1988 (Cth). Vizabox will handle that information in accordance with the Act, the Australian Privacy Principles and Vizabox’s Privacy Policy. The Participant acknowledges that overseas disclosure (APP 8) may occur where Media Material is hosted on content‑delivery networks or social‑media servers located outside Australia.

19.6 Release & Indemnity

To the maximum extent permitted by law, the Participant releases and holds harmless Kouragen Pty Ltd (trading as Vizabox), its employees, agents and licensees from any claims (including but not limited to defamation, invasion of privacy and infringement of moral rights) arising out of or in connection with Vizabox’s lawful use of the Media Material under this clause 19.

20  INSURANCE

Vizabox maintains Public Liability Insurance of at least AUD $20 million. Certificates of Currency are available on request. Certificates of Currency are available on request.

21  RISK ACKNOWLEDGEMENT & LIABILITY WAIVER

21.1  The Client acknowledges that art activities involve inherent risks (e.g. stains, spills, sharp tools) and participates at their own risk.
21.2  The Client warrants they (and any Minors in their care) are medically fit to participate. In an emergency, Vizabox may administer first aid or seek medical assistance at the Client’s cost.
21.3  To the maximum extent permitted by law, the Client releases Vizabox, its directors, employees, contractors, and volunteers from any claim arising from injury, loss, or damage sustained during or in connection with the Event, except where caused by Vizabox’s gross negligence. This clause does not limit any rights you may have under the Australian Consumer Law.
21.4  The Client agrees to indemnify Vizabox against all costs, claims, and expenses arising from the Client’s breach of these Terms or the negligent acts of the Client or their guests.

PART D – PRIVACY & DATA PROTECTION

22.1  Vizabox collects personal information to process orders, deliver Events, operate the website, and—where you opt in—send marketing communications.
22.2  We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy available on the website.
22.3  You may request access to or correction of your personal information by emailing admin@vizabox.com.au.

22.4  Any electronic marketing communications we send will comply with the Spam Act 2003 (Cth). You may unsubscribe at any time by following the instructions in the message or contacting us at the address above.

PART E – GENERAL

23  LINKS TO THIRD‑PARTY WEBSITES

Our website may contain links to external sites. We are not responsible for the content or privacy practices of those sites.

24  FORCE MAJEURE (GENERAL)

Vizabox is not liable for failure or delay in performance caused by circumstances beyond our reasonable control, including natural disasters, pandemic restrictions, or acts of government.

25  VARIATION OF TERMS

We may amend these Terms by posting an updated version on our website. Changes apply to orders and bookings made after the date of posting. Material changes impacting current bookings will be notified to affected Clients.

26  ASSIGNMENT

Vizabox may assign or subcontract any of its rights or obligations under these Terms. You may not assign your rights without our prior written consent.

27  SEVERABILITY

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

28  GOVERNING LAW & DISPUTE RESOLUTION

These Terms are governed by the laws of New South Wales, Australia. The parties agree to attempt to resolve disputes by mediation in Sydney before commencing court proceedings.

29  CONTACT DETAILS

Kouragen Pty Ltd (trading as Vizabox)
Email: admin@vizabox.com.au

Thank you for choosing Vizabox. We hope our Products help you run successful classes and workshops!