Terms & Conditions

Introduction

Welcome to janecallender.com. This website displays the shibori textile art, patterns, motifs and designs created by Jane Callender. It was built and is maintained by sarahcallender.co.uk. We have set up these Terms and Conditions to ensure certain responsibilities and obligations are understood by you when using this website and they are for the benefit of us all. That you are fully aware of Jane Callender’s Intellectual Property and her moral right to protect it. That you are reassured as to the security status of the website and that by using this website, or making a purchase of any kind from it you have agreed to the Terms and Conditions which we have the right to amend and update as required at any time. If you do not accept the Terms and Conditions, please do not use the website.

Mailing list

On making a purchase of any kind you agree to be added to our e-newsletter mailing list for marketing, promotional and information purposes. You may unsubscribe at any time by clicking on the link at the base of the e-newsletter or by sending an email to jane@janecallender.com. We use a third party provider, Mailchimp.com to deliver our newsletter and we gather statistics using recognised industry standard technologies to help us monitor and improve it.

Terms and Conditions of Purchase

All prices are quoted in pounds sterling and these are subject to change without notice. When you purchase a product, PDF download or service you agree to submit your name, address and e-mail. We do not store your bank details on our website and all financial transactions are made securely via a connection to PayPal and therefore you agree to share your credit/debit card details with them.

Stencils and Templates

All stencils and templates are exclusive to janecallender.com. Stencils are based on traditional shibori principles but the physical product is Jane Callender’s own creation. Templates are also designed by Jane Callender. Both are for the development of your own personal work for non-commercial purposes and you agree not to copy, reproduce or distribute them by any means or permit them to be copied, reproduced or distributed by a third party by any means. Orders are subject to availability. In the regrettable event of a delay you will be notified by email.

Disclaimer

All examples of motifs shown on the website and packaging have been worked and dyed by Jane Callender. Instructions have been carefully drafted, tried and tested for 100% cotton fabric and dyed in indigo unless specified otherwise. You fully understand that the results you obtain will not reflect exactly the image on the website or packaging due to the many variations of cotton fabric, dye, dyeing processes, your choices and ability. Jane Callender makes no representation or warranty regarding any results obtained from your use of any instructions provided on the website [or as part of any course materials].

Shipping

Shipping is through www.royalmail.com. A different shipper will be selected, if necessary, at our discretion. A choice of service is available at checkout.

1. (i)  First Class UK, Track and Trace.
2. (ii)  International Standard, International Track and Trace.

Orders are processed and shipped as soon as possible. In the regrettable event of a delay you will be notified by email. Customers outside the UK may incur a customs charge for which we are not liable and which is not included in any price quoted on the website.

Online classes

Online courses are conducted via the “Zoom” platform. You agree that your email address can be added to the ‘Shibori Stream’ Bcc mailing list for your specific course in the understanding that it will be used only by us to communicate with you on matters solely to do with your participation in any course to which you subscribe, such as notifications of “Zoom” meetings, the forwarding of course-related documents and materials or solving any problems that may arise in your use of the website in connection with your participation in any course.

In order to view course-related materials including videos, you need to create an account in order to access the Members Page. You will be asked to create an account by entering your e-mail address and creating a password at the time of booking an online course. Jane Callender reserves the right to terminate this agreement and to close your account in the event of non-payment of the required fee or in any other circumstances giving Jane Callender the right to terminate this agreement.

System requirements: Please note that it is your responsibility to check that the computer you plan to use to access any online course is compatible with the minimum specification requirement which relates to the online course to which you are subscribing from time to time. You acknowledge and accept that Jane Callender cannot be held responsible for any technical problems you encounter following the purchase of an online course.

Access: Jane Callender will use reasonable endeavours to make online courses available but access to online courses is made available via a third-party platform provider (currently “Zoom”) and Jane Callender cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected. Jane Callender does not make any commitment that online courses will be compatible with or operate with your software or hardware.

Jane Callender reserves the right to suspend access to the website for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the website and may suspend or terminate your access to the website in the event of your breaching these terms and conditions.

You also accept and acknowledge that Jane Callender cannot be held responsible for any delay or disruptions to your access to an online course as a result of any of the following:

• the operation of the Internet and the World Wide Web, including but not limited to viruses or other malware,
• any firewall restrictions which have been placed on your network or the computer you are using to access the online course,
• failures of telecommunications links and equipment, or
• browser issues.

Warranties: By submitting your application for an online course and paying the required fee, you agree that:

•  you will promptly inform Jane Callender in the event that your personal or contact details change,
• you will be available to begin online course on the stated date and time and for the duration of the course(subject to any change of circumstances as set out in these terms)
• All representations, warranties and/or terms and/or commitments not expressly set out in these terms (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible by law.

Limitation of liability: Jane Callender’s maximum aggregate liability to you for any claims which you may have for direct loss in contract, tort or otherwise arising out of or in connection with these terms, an online course or any instructional materials provided to you in connection with an online course shall be limited to the amount of any fees which have been paid or are payable by you under these terms.

Jane Callender will use her reasonable endeavours to deliver your online course in accordance with the description given on the website at the date of its commencement. However, Jane Callender reserves the right to make any variations to an online course which she considers to be necessary including (without limitation):

• to reflect changes to the theory or practices around the subject or its delivery,
• if in her reasonable opinion your educational experience would be or would be likely to be impaired if changeswere not made to the course.Unsocial behaviour will not be tolerated and dismissal from the class without any entitlement to a refund or partial refund of any fee paid will follow if aggressive or abusive attitudes, for any reason, are shown towards the tutor Jane Callender, or class participant, either verbally or through email.

Cancellation

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Contracts Regulations”) you may cancel your purchase of an online course within a period of 14 calendar days (“Cancellation Period”) from the date on which the contract is concluded subject to:

• Where a refund of all or part of your fee is payable, Jane Callender reserves the right to withhold payment until all materials received from Jane Callender in connection with the online course have been returned,
• Refunds will be made using the same method of payment as was used for the purchase and will be paid within 14 days of Jane Callender being informed of the cancellation.Your right to cancel and obtain any refund will be lost if you have given Jane Callender express consent to supply any services during the Cancellation Period and the service has been fully performed. If express consent has been given but the service is only part performed, you will be liable to pay for the services actually received.If the contract is for the supply of digital content including but not limited to an online course, your right to cancel and obtain any refund will be lost if you have given Jane Callender express consent to make delivery of the digital content to you during the Cancellation Period or if you access the digital content before the expiry of the Cancellation Period.

For further details of your rights under the Consumer Contracts Regulations you can visit your local Citizens’ Advice Bureau or visit the Competition and Markets Authority website.
Subject to your rights under the Consumer Contracts Regulations as set out above:

1. In the event that you cancel a refund will be made:
   1. (i)  100% refund up to 2 weeks before commencement, less any fees incurred in the transaction
   2. (ii)  50% within the 2 weeks before the course commences less any fees incurred in the transaction
2. If you cancel during the course pro-rata refunds from the 50% will be given
3. In the unlikely event of a class being cancelled it will be re scheduled to a new date agreed with the group.
4. In the unlikely event of the course being cancelled or of your being unable to agree a new date, it will berescheduled and you will have the choice of:-
   1. (i)  A full refund or
   2. (ii)  Transfer to the new dates.

Data Security

We take seriously and are committed to keeping your information secure and all necessary precautions, including physical, electronic and managerial measures, have been put in place by us in order to prevent unauthorised access or disclosure of your data.

You are also aware that when making a purchase of any kind you offer your information freely to third party organisations who implement high levels of security including encryption. Please view their own Privacy Policy Statements. They are as follows:-

1. PayPal ensures transactions are securely handled. https://www.paypal.com/uk/home
2. Woo Commerce to create and manage our online store. https://woocommerce.com
3. Zoom for audio and video sessions. https://explore.zoom.us
4. Mail Chimp for our newsletter. https://mailchimp.com/

Privacy Policy

We do not, under any circumstances, sell or lease any of your information to any other party. Your email address will be used to contact you solely on matters concerning your specific purchase, if you have registered for a course, or should assistance be required whilst using the website. Your physical address will be used solely for shipping. We are under obligation by law to pass on your information, if required, to HM Revenue and Customs (HMRC). Under law Jane Callender is required to retain all business records for a period of 6 years.

Cookies

Cookies are created by the website and are essential for successful browsing and interaction. They include and enable you to:

1. Order online securely
2. Register an account with us
3. Use a shopping cart
4. Make secure payments
5. Shibori Stream cookies are created to enable you to login and access the Private Members Area.

Analytical/performance cookies

Google Analytics allow us to count the number of website visitors, their locality, referring website, IP address, and details about the device and browser being used. This information helps us to improve the way our website works and to monitor the performance of our e-newsletter.

Essential or necessary cookies

When you visit the website you will be asked to accept ‘All Cookies’ or ‘Essential Cookies’ only. We use CookieYes, https://www.cookieyes.com/ to allow you to select the cookies you agree to. They record your IP address to enable this. We are required to include a cookie statement and options by law. Please do not continue to use the site if you do not want to accept Essential Cookies.

We understand that under the Data Protection Act 1988 you may request to view details of the information we hold about you. Should you find the information is incorrect, please email as soon as possible in order for errors to be corrected promptly. You may change your mind about the details and choose to restrict the information we hold or opt out altogether. Either way, please let us know and we will respond without delay.

Disclaimer Website Links

For your interest and assistance links to other websites have been provided which do not come under our control. In view of this you are aware that janecallender.com holds no responsibility for the functionality of these sites or for the level of security offered by them. Therefore, you enter at your own discretion and we advise you check their individual Privacy Statements prior to offering any information or making any purchases.

Intellectual Property rights

Much thought and planning has been given by sarahCallender.co.uk into creating janecallender.com making it an attractive and responsive website which promotes the art of shibori and indigo dyeing. Much dedication and time has been spent in developing skills and knowledge which go into the art textiles created by Jane Callender and the related products displayed on this website. This includes additional skills which render the instructions of products accessible and user-friendly. It has innovation and education at its core and is committed to empowering those who wish to learn with the sole intention of developing their own work.

Therefore, you recognise and accept:

• that all images, designs, logos, illustrations, animations and videos are protected by copyright which belongs to Jane Callender,
• that copyright, design rights and all other intellectual property rights exist in her designs and products and are owned by Jane Callender,
• that this includes all teaching content and information given in or relating to ‘Shibori Stream’ virtual classes, including PDF notes, videos and workshops,
• that Jane Callender’s intellectual property rights exist in her publications and illustrations and that all images, text, logos and designs appearing on this website and other content contained in this website are, and will remain, the intellectual property of Jane Callender and all janecallender.com content providers. You agree that any purchase of products and information which you obtain from this website will be used for your own personal and non-commercial purposes only. Any other use of material appearing on or obtained from this website is strictly prohibited and is unlawful without the express, prior, written agreement of Jane Callender.You agree not to use any part of the content of this website for any advertising or promotional purposes whether for your own products or services or those of any third party , or use any motif, design or illustration, or create derivative works of any material shown on this website for commercial reproduction or exploitation whatsoever, or distribute, publish, exploit, copy or transmit by any means to a third party for commercial reproduction or use for any financial gain through mechanical or digital reproduction.You may not modify, copy, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit, make available, communicate to the public, disseminate or distribute in any way any materials provided to you by Jane Callender.

Any use of materials provided to you by Jane Callender which is not expressly permitted in these terms is strictly prohibited and will constitute an infringement of Jane Callender’s copyright and other intellectual property rights.

At all times, Jane Callender remains the owner of the intellectual property in all materials provided in connection with online courses. No such materials or any part thereof may be reproduced, stored in a retrieval system or transmitted, communicated or made available to any third party in any form or by any means without the prior, written permission of Jane Callender.

You also acknowledge Jane Callender’s ownership of and her right to protect her intellectual property. To this end you agree not to copy, communicate or otherwise publicise any course content, reveal any of her proprietary techniques or combinations of techniques which result in a specific outcome or motif, or processes, whether through the use of images or video shorts on any social media platform or blog or in any other manner whatsoever.

You agree not to use for any purpose outside of your own personal work any pattern created by Jane Callender during an online course while demonstrating or illustrating techniques and processes.

You agree not to use any pattern designed in the course of any online course for commercial reproduction or exploitation of any kind either by you or a third party.

You agree not to take any pictures or screenshots of the computer screen during any online course as you understand that supportive information for all courses is provided in the accompanying course notes or on Shibori Stream videos accessible through the Members Page.

In consideration of receipt by Jane Callender of the fee payable for an online course, Jane Callender grants to you a non- exclusive, non-transferable licence to use the materials which Jane Callender has provided to you for the sole purpose of your private study of Shibori techniques and not for any commercial purposes.

If you cancel an online course, the licence to you to use any materials provided to you by Jane Callender set out above shall automatically terminate immediately.

Copyright, Techniques and Social Media

In addition, no course content, proprietary techniques, or innovative combinations of techniques which secure a specific motif, design or pattern, or design processes, either learnt through workshops or through purchases, physical or digital, may be explained, shared or revealed through the use of images taken, or videos personally generated, on any social media platform or blog. All patterns created in online classes or shown on screen, or from any other facility offered on the website such as instructional videos or animations, must be used solely for your own personal work, learning and individual creative development. You agree not to use or create derivative works from any patterns provided by or obtained from Jane Callender for any form of commercial reproduction whatsoever, whether by you or any third party.

Use of Jane Callender’s intellectual property is strictly prohibited without her express written permission. You acknowledge Jane Callender is entitled to protect her intellectual property and you acknowledge her moral rights in all patterns and instructional materials provided to you or which you obtain from Jane Callender. Any infringement of these rights will be taken seriously. Jane Callender has the support of ACID and an affiliated legal team.

Jane Callender may update or amend these Terms and Conditions from time to time to comply with law or to meet changing business requirements without notice to you. Any updates or amendments will be posted on the website. Information about fees payable for online courses is published on the website and may be amended from time to time.

No relaxation or delay by Jane Callender in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect Jane Callender’s ability subsequently to exercise that right or remedy. Any waiver must be agreed by the Jane Callender in writing.

These Terms and Conditions constitute the entire agreement and understanding between us and supersede and replace any other terms and conditions previously published by us and any other understanding, undertaking, representation, warranty, arrangement or statement of any nature whatsoever made by us to you, whether oral, written or otherwise, relating to the subject matter of these Terms and Conditions.

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales including in respect of any disputes or claims relating to non-contractual obligations. All claims, disputes or other matters in question between the parties related to or arising out of these Terms and Conditions, including in relation to any non-contractual obligations, shall be subject to the exclusive jurisdiction of the English Courts.

Thank you.