TERMS OF SERVICE

The Pencil Room Online

Effective Date: 1st January 2024

SUMMARY

For clarity only, not legally binding.

  • By using this site or purchasing any products or services, you agree to these Terms.

  • You must create an account to access Sketch Club and product content. You are responsible for your account and all activity under it. You may not share, sell or publish your account login details.

  • When uploading content you must not post anything unlawful, harmful, offensive or infringing. Your content must adhere to copyright law.

  • Memberships and subscriptions will automatically renew after the monthly/yearly period selected until cancelled.

  • No refunds are provided for subscriptions. Individual products (non-subscription) may be refunded within 14 days if you are unhappy with the product.

  • Content produced by The Pencil Room Online is protected by copyright law and you may not download, copy or redistribute any content including videos, text or downloadable material.

  • The platform is hosted by third-party provider Podia who may also collect and process your data.

  • We may modify or discontinue services at any time.

  • Breach of these Terms may result in termination without refund.


1. ACCEPTANCE OF TERMS

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”, “you”, “your”) and The Pencil Room Online (“Company”, “we”, “us”, “our”) governing your use of:

  • www.thepencilroomonline.podia.com (the “Site”)

  • Sketch Club membership, individual classes and courses and all related products and services (the “Services”)

By accessing or using the Services, you agree to be bound by these Terms and all applicable laws.

We may modify these Terms at any time. Continued use constitutes acceptance of any updates.

2. ELIGIBILITY

You must be at least 16 years old or have parental/guardian consent.

3. ACCOUNT REGISTRATION AND SECURITY

3.1 Account Creation

To access certain features, including Sketch Club membership, you must register for an account (“Account”). You agree to provide accurate, current, and complete information and to maintain and promptly update such information.

3.2 Username Restrictions

You shall not:

  • Impersonate another person

  • Use a name subject to the rights of another without authorisation

  • Use a username that is offensive, vulgar, or obscene

3.3 Account Responsibility

You are solely responsible for maintaining the confidentiality of your login credentials and for all activity conducted under your Account. You must not share, publish, or distribute your login details.

3.4 Account Deletion

You may delete your Account at any time, either directly through the platform or by contacting us.

4. USE OF SERVICES

The Services include digital educational products, subscription-based access to Sketch Club, and user-generated content features.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for personal, non-commercial purposes only.

You may not reproduce, distribute, resell, or exploit any part of the Services without prior written consent.

We may modify, suspend, or discontinue any part of the Services at any time without liability.

5. USER CONTENT

5.1 Responsibility for Content

You retain ownership of any text, images, or other materials (“Content”) you upload. You are solely responsible for any Content you upload, submit, post, or transmit.

The Company does not endorse and is not responsible for User Content, whether publicly posted or privately transmitted.

5.2 Prohibited Content

You agree not to upload, post, or distribute any Content that:

  • Infringes copyright or other intellectual property rights

  • Violates any applicable law or regulation

  • Is false, misleading, or deceptive

  • Is unlawful, threatening, abusive, harassing, defamatory, or invasive of privacy

  • Is offensive or inappropriate at our sole discretion

  • Constitutes unsolicited or unauthorised advertising, including spam

5.3 Content Removal

We reserve the right (but not the obligation) to review, remove, or restrict access to any Content at our sole discretion.

6. SUBSCRIPTION SERVICES (Sketch Club)

6.1 Billing and Renewal

Sketch Club is a subscription-based service billed on a recurring basis. By subscribing, you authorise automatic renewal for successive periods equal to your initial subscription term.

6.2 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of the current billing period, and you will retain access until that time.

6.3 No Prorated Refunds

If you cancel your subscription, you will not be entitled to any prorated refund for the remaining time in your billing cycle.

6.4 Pricing Changes

We reserve the right to change subscription pricing at any time. Any changes will apply to future billing cycles with reasonable notice.

7. PAYMENTS AND REFUNDS

7.1 Subscription Services

All subscription payments are non-refundable. No refunds or credits will be issued for partial billing periods, unused time, or failure to cancel before renewal.

7.2 Individual Product Purchases

For one-time purchases (e.g. individual classes or courses), you may request a full refund within 14 days of purchase if unsatisfied with your purchase. Refunds are granted at our discretion and may be refused in cases of misuse.

8. INTELLECTUAL PROPERTY

All content provided by The Pencil Room Online, including videos, educational materials, written content, branding, and design, is the intellectual property of the Company and is protected by applicable laws.

You are granted a limited licence for personal use only. Any unauthorised use is strictly prohibited.

9. THIRD-PARTY HOSTING AND DATA COLLECTION

9.1 Third-Party Platform

The Services are hosted and operated through a third-party provider (Podia Labs Inc). Your access to the Services is dependent on their systems and infrastructure.

9.2 Data Collection by Third Parties

The hosting provider may independently collect, process, and store your personal data, including account information, payment details, and usage data. This is governed by their own terms and privacy policies. For more information please visit https://www.podia.com/privacy

9.3 No Control Over Third Parties

The Pencil Room Online is not responsible for third-party data practices, security measures, or system failures.

9.4 Acceptance of Third-Party Terms

By using the Services, you agree to any applicable third-party terms required to access the platform.

10. DISCLAIMER

The Services are provided for educational purposes only and do not constitute professional advice.

The Services are provided “as is” and “as available.” We do not guarantee uninterrupted access, accuracy, or specific outcomes.

11. LIMITATION OF LIABILITY

To the maximum extent permitted by law, The Pencil Room Online shall not be liable for any indirect, incidental, or consequential damages.

Our total liability shall not exceed the total amount paid by you to us in the 12 months preceding the event giving rise to the claim.

12. INDEMNITY

You agree to indemnify, defend, and hold harmless The Pencil Room Online from any claims, damages, liabilities, and expenses arising out of:

  • Your use of the Services

  • Your breach of these Terms

  • Your User Content

13. TERMINATION

We may suspend or terminate your access at our sole discretion, with or without notice.

No refunds will be provided upon termination.

14. CONSUMER LAW

Nothing in these Terms excludes, restricts, or modifies any rights you may have under applicable consumer protection laws, including the Consumer Guarantees Act 1993 (New Zealand), or similar laws in your country of residence, where such rights cannot be excluded.

15. GOVERNING LAW

These Terms are governed by the laws of New Zealand. You submit to the exclusive jurisdiction of its courts, subject to any rights you may have under local consumer laws.

16. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and The Pencil Room Online.

17. CONTACT

emily@thepencilroomonline.com

END OF TERMS