Welcome to the Arts ‘n Smarts website (the Site). Brought to you by Spectrum Tuition Pty Ltd. By accessing, browsing or using this Site, You acknowledge that You have read, understood and agree to be bound by these Terms and Conditions (the Terms) which, together with our Privacy Policy govern the relationship between Us (Arts ‘n Smarts) and You (the User). If you do not agree to these Terms, You must not use or access this Site.

1. Use of this site

Your use of this Site is subject to the following Terms and Conditions: (a) Your use of this Site must, at all times, be in compliance with these Terms and must only be for your own, non-commercial, personal use. You are responsible for all communications, including but not limited to, the transmission, uploading or posting of information onto or through this Site by You or through Your login and You shall be responsible for the consequences of any such communications to the Site. (b) You must not use the Site for any of the following purposes, which are expressly prohibited by Arts ‘n Smarts: (i) Communicating, transmitting, posting or uploading of any material that infringes on any rights, including but not limited to intellectual property, of any third party. (ii) Communicating, transmitting, posting or uploading any information, content or material which is untrue, inaccurate, obscene, libellous or abusive. (iii) Engaging in any conduct that would violate any law or regulation in any applicable jurisdiction. (iv) Attempting to interfere in any way with the Sites or Arts ‘n Smarts work security, or attempting to use the Sites service to gain unauthorised access to any other computer system or network. (c) You are responsible for maintaining the confidentiality of Your login details and You accept responsibility for all activities that occur under Your login. You must notify Us immediately in the event of any unauthorised use or misuse of Your account or where there is any other breach of security. (d) Arts ‘n Smarts reserves the right to revise these Terms at any time and for any reason without notice to You. It is your responsibility to review these Terms each time You use the Site. (e) We reserve the right to, at any time and without notice to You, revise the products and services available on and through this Site and to change, suspend or discontinue any aspect of this Site without liability to You or to any third party. (f) Arts ‘n Smarts may, at our sole discretion, impose rules for and limits on the use of this Site by You or any other member or restrict Your access to part, or all, of the Site without notice or penalty. Any such rules, limits or restrictions shall be incorporated into and form part of these Terms. (g) Arts ‘n Smarts may impose additional terms and conditions specific to any products, orders or aspects of your use of this Site, including but no limited to, with respect to the ordering, shipment and return of goods purchased through this Site and to any membership reward programs (Additional Terms) offered from time to time by Arts ‘n Smarts. These Additional Terms shall be incorporated into and form part of these Terms. In the event of any inconsistency between these Terms and any Additional Terms, the Additional Terms shall prevail to the extent of the inconsistency.

2. Products and information

Purchase of Products.In order to purchase our products, you must provide us with certain basic personal and billing information, such as your name, address and credit card information. If you order an Arts ‘n Smarts subscription or purchase a Starter kit, we will also ask you for certain additional [optional] information regarding your child, such as first name and birth date; this information will solely be used to offer products, services and offers geared towards the age group your child belongs in as we develop and expand our product line. You agree that all information you provide with respect to your purchase of products and payment will be accurate and complete. You agree to pay all charges incurred by you at the prices in effect when such charges are incurred. You will be responsible for payment to Arts ‘n Smarts of the applicable fees relating to purchases on our Site. All orders are subject to our acceptance. We may refuse to accept any order, or any portion of an order, in our sole discretion, even if we have provided a confirmation of order. If a product is listed at the incorrect price, we have the right to reject or cancel orders at the incorrect price, even if the order has been confirmed or your credit card charged. If this happens and we cancel an order after charge to your credit card, we will promptly credit your credit card account in the amount of the charged price.

Your use of this Site is, at all times, entirely at Your own risk. Except in respect of any content submitted by Members, Arts ‘n Smarts shall use reasonable endeavours to ensure that any information on this Site is complete, reliable and up to date. Notwithstanding this, neither We, nor any third party make any warranties or guarantees as to the accuracy, timeliness, completeness, performance or suitability of any information, product or materials found on this Site. You acknowledge that any such information may contain errors or inaccuracies and Arts ‘n Smarts expressly excludes any liability, which may arise. Where any such inaccuracies or errors do occur, we may correct that information without any liability to You or any third party. Arts ‘n Smarts does not make any guarantee as to the availability or suitability of products on this Site. It is your responsibility to determine the suitability of a product or service for You and Arts ‘n Smarts expressly excludes all liability in relation to this. Arts ‘n Smarts reserves the right to, at its sole discretion, limit the quantity of products purchased by any User through this site at any time and for any reason.

3. Membership

You must be over 18 to register for and use this Site. Arts ‘n Smarts may, at any time at our sole discretion, revoke your membership for any reason, including but not limited to, for breach of these Terms.

4. Proprietary rights

This Site contains materials that are owned by or licensed to Arts ‘n Smarts. These materials include, but are not limited to, the design, layout, look, appearance and graphics and are protected by applicable copyright, trademarks or other relevant proprietary rights and laws. You must not use, reproduce, sell, license, display, publish, adapt, edit or in any way create derivative works from any of the content or materials contained on this Site. You may not create a link to this Site from another website or document without the prior written consent of Arts ‘n Smarts. Arts ‘n Smarts does not claim ownership of any content or materials You make available through the Site however You grant Arts ‘n Smarts a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or materials or part thereof without any obligation of compensation or attribution to You. You represent, warrant and covenant to Us that You have the full right to grant to Arts ‘n Smarts the right to use such content or materials in the manner specified in this Clause.

5. Disclaimer

Your use of this Site, is at all times at Your own risk and you assume all responsibility associated therewith. All information, content, materials or products available on or in any way through this Site are provided to You on an as is basis. Arts ‘n Smarts expressly excludes all warranties, express or implied, to the extent permitted by law, including but not limited to those relating to merchantability and fitness for a particular purpose. Arts ‘n Smarts does not warrant that this Site and the services provided herein will be uninterrupted, free from errors, defects, viruses or other harmful components. From time to time this Site may contain links to other third party websites. Arts ‘n Smarts does not in any way endorse the content of any such websites or make any representations, warranties or guarantees in relation to those sites and We expressly exclude any liability which may arise from Your use of or access to those third party websites.

6. Indemnification

You shall indemnify, defend and hold harmless Arts ‘n Smarts and its subsidiaries and assigns, from and against any and all claims, damages, liabilities, costs (including legal fees) and expenses which arise directly or indirectly from Your use of this Site, any breach by You of these Terms or the Privacy Policy, or any breach of any third party intellectual property rights.

7. Limitation of liability

Notwithstanding anything else in these Terms, Arts ‘n Smarts, its subsidiaries, assigns and third party providers shall not, under any circumstances be liable to You or any other User of this Site for any direct, indirect, incidental, punitive, special or consequential damages whether based on contract or tort arising out of Your use or inability to use this Site. Arts ‘n Smarts’ total liability to You shall be limited to the amount paid by You to Us for Your membership fees for the membership period during which the event giving rise to the liability occurs. This Clause 7 applies in respect of all content, information, products and services available on or through this Site.

8. Postage

Any products purchased by You from this Site will be posted by a third party carrier. All title and risk to such products will pass to You upon delivery to the third party carrier by Arts ‘n Smarts. Any products unclaimed and returned to Arts ‘n Smarts will incur a re-delivery charge to the original value of shipping charged.

9. Cancellation

Important Information on Arts ‘n Smarts Memberships. If you purchase an fixed term membership from Arts ‘n Smarts, your membership will expire automatically at the end of the specified term. If you purchase a month to month membership, your membership will continue until you cancel it and we will charge your credit card monthly in advance. You must cancel by the 14th of the month to cancel the following month’s membership, You will be charged for the following months membership after this date. If you wish to cancel your membership, please contact us at customercare@artsnsmarts.com  For more information on our membership plans, please see our FAQ page.

10. Return policy

Can I return subscription boxes?

We are so confident that your child will love their Arts ‘n Smarts subscription that we offer a 100% money back guarantee.

If, for whatever reason, you are dissatisfied with your purchase, simply contact us on customercare@artsnsmarts.com within 30 days. All items must be returned (even if you have completed some of the activities) for the refund to be processed. The refund may be delayed if all items are not returned.

If I buy a 3 month, 6 month or 12 month subscription, can I get a refund if I change my mind?

If you are dissatisfied with your Arts ‘n Smarts experience simply contact us on customercare@artsnsmarts.com within 30 days. Once all items have been returned, the refund will be processed as the purchase price less $79 for the first month plus a $20 processing fee.

If you are unsure of whether you will enjoy the Arts ‘n Smarts experience, we recommend that you sign up to our month to month subscription service.

I bought a 3 month subscription and it’s so great! Can I upgrade to a 6 or 12 month subscription?

Absolutely! Please email us at customercare@artsnsmarts.com with your name and invoice number.

What if my item(s) were damaged in delivery, can I return it?

Yes, you can return damaged items. All products are checked for quality before dispatch and while we try our best to ensure that the product is delivered to you in perfect condition, the product may be damaged in the delivery process. Should this happen you can return the damaged items and we will re-send the product. In the case where the product is sold out we will offer you store credit of the same value (not to be used for gift vouchers)

Who do I contact to arrange a return?

If you intend to seek a replacement or exchange, you must email us on customercare@artsnsmarts.com to obtain prior approval. Please include the order number and reason for the return. All shipping costs are the responsibility of the customer.

Can I cancel a subscription if I buy a 3 month, 6 month or 12 month month to month subscription?

Fixed term month to month subscriptions, payments will continue to be debited until the term expires. For more flexibility, we recommend that you sign up to our month to month subscription service at $79 per month where you can cancel anytime.