Terms and Conditions

1. Acceptance of Terms

1.1 By accessing or using the Tattoo Pathway website located at https://tattoopathway.com/ (the “Website”) or the Tattoo Pathway mobile application (the “App”), collectively referred to as the “Services,” you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, you may not access or use the Services. In order to access certain features of the Services, you must create an account.

1.2 These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and The Tattoo Pathway (“Company,” “we,” “us,” or “our”) regarding your use of the Services.

1.3 We reserve the right to modify or update these Terms at any time, at our sole discretion. We will provide you with reasonable prior notice of any material changes to these Terms, either through a notification within the App or by posting a notice on the Website. Your continued use of the Services after the effective date of any changes constitutes your acceptance of such changes. Non-material changes will be communicated through Website or App updates.

1.4 These Terms incorporate our Privacy Policy, available at https://tattoopathway.com/privacy-policy/, which explains how we collect, use, and disclose information about you. By using the Services, you also agree to the terms of our Privacy Policy.

1.5 Definitions:

• “Personal Data” means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
• “Sale” (as defined under California law) means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s Personal Data to another business or a third party for monetary or other valuable consideration.
• “Notification” means a pop-up message, banner notification, or other similar alert displayed within the App or on the Website.
• “Material Change” means a change to these Terms that significantly affects your rights or obligations under this Agreement, such as changes to dispute resolution provisions, liability limitations, or payment terms.

2. User Accounts and Eligibility

2.1 Account Creation: In order to access certain features of the Services, such as purchasing courses and participating in community forums, you may be required to create a user account. By creating an account, you represent and warrant that:

• You are at least 13 years of age.
• All information you provide during registration is accurate, current, and complete.
• You will maintain the security and confidentiality of your account credentials, including your password. You are responsible for all activities that occur under your account and agree not to disclose your password to any third party. You agree to notify The Tattoo Pathway immediately of any unauthorized use of your account or any other breach of security.
• You will not share your account credentials with any third party.
• You are responsible for all activities that occur under your account.
• If you are a resident of the European Union and under the age of 16, you confirm that you have obtained parental consent before creating an account and using the Services
• We will only collect the minimum amount of Personal Data necessary to fulfill the purposes outlined in these Terms and our Privacy Policy.
• You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. The Tattoo Pathway reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion if we believe that the information provided is not accurate, current, or complete.

2.2 Account Verification: Upon registration, you will receive an automated email containing a temporary password. By accessing your account with this password and setting a new one, you confirm the validity of your email address.

2.3 Account Termination and Suspension:

• The Tattoo Pathway reserves the right to suspend or terminate your account at any time, with or without cause, and with or without notice.
• Grounds for suspension or termination may include, but are not limited to:
  • Violation of these Terms.
  • Engaging in abusive, harassing, or disruptive behavior within the Services.
  • Providing false or misleading information during registration.
  • Infringing on the intellectual property rights of others.
• We may implement a “three strikes” policy, where we issue warnings for minor violations before suspending or terminating your account for repeated or serious offenses. 

2.4 Reactivation of Terminated Accounts: Reactivation of terminated accounts is at the sole discretion of The Tattoo Pathway. You may be required to submit a request for reactivation and agree to comply with the Terms.

2.5 Account Management: You can manage your account information, including notification settings, password, and privacy settings (e.g., who sees your location and bio details) through the Account Settings section of the Services.

2.6 Account Deletion: You may delete your account at any time by following the instructions in the Account Settings section. Please note that upon account deletion, all your User Content and associated data will be permanently deleted and will not be recoverable.

3. User Conduct

3.1 Community Guidelines: You agree to abide by the following guidelines when interacting with other users or sharing content within the Services, including forums, group chats, private chats, and comment sections:

• Be Respectful: Treat others with courtesy and respect. Do not engage in personal attacks, harassment, bullying, or any form of discrimination based on race, gender, sexual orientation, religion, nationality, disability, or any other protected characteristic.
• No Hate Speech or Offensive Content: Do not post, share, or promote content that is hateful, threatening, violent, sexually explicit, or otherwise offensive. This includes content that incites violence or hatred, promotes self-harm, or exploits, abuses, or endangers children.
• Stay on Topic: Keep discussions relevant to the topic at hand. Do not spam, post irrelevant content, or engage in off-topic conversations.
• Respect Privacy: Do not share personal information about yourself or others without their consent. This includes names, contact details, addresses, or any other information that could be used to identify or locate someone.
• No Unsolicited Advice: Refrain from offering unsolicited advice, especially on sensitive topics like mental health or medical conditions. Encourage others to seek professional help if needed.
• No Impersonation: Do not impersonate another person or entity, or falsely claim an affiliation with any individual or organization.
• No Commercial Activity: Do not use the Services for commercial purposes, such as advertising, promoting products or services, or soliciting business.

3.2 Content Restrictions:

• Nudity and Violence: While we understand that some tattoo designs may depict nudity or suggestive themes, please ensure that any such content is within reason and does not violate community standards. Violent content is strictly prohibited.
• Copyright: You may share copyrighted material as long as you provide proper attribution and do not violate the copyright holder’s rights.
• Sensitive Personal Information: Do not post or share sensitive personal information about yourself or others, such as social security numbers, financial information, medical records, or any other data that could be used for identity theft or fraud.
• Graphic or Explicit Content: Do not post or share images or videos that are excessively graphic, gory, or sexually explicit. This includes content that depicts violence, abuse, or self-harm.
• Misleading or False Information: Do not spread misinformation, disinformation, or false claims.
• Harmful or Dangerous Content: Do not share information or instructions that could lead to harm, injury, or illegal activities.

3.3 Prohibited Activities: In addition to the above guidelines, you agree not to:

• Violate any applicable laws or regulations.
• Attempt to gain unauthorised access to the Services, other users’ accounts, or any part of the Tattoo Pathway network.
• Interfere with or disrupt the operation of the Services, including introducing viruses, malware, or other harmful code.
• Reverse engineer, decompile, or disassemble the App or any part thereof.
• Use automated scripts or bots to interact with the Services.
• Collect or harvest any information about other users, including personally identifiable information, without their consent.

3.4 Enforcement: Tattoo Pathway reserves the right to investigate and take appropriate action against any user who violates these Terms or engages in prohibited activities. This may include:

• Issuing warnings or temporary suspensions.
• Permanently banning users from the Services.
• Reporting illegal activity to law enforcement.
• Users can report inappropriate content or behavior by emailing us at support@tattopathway.com or using the “Report Post” feature on the Website. The available reporting categories include Harassment, Inappropriate Content, Misinformation, Offensive Content, and Suspicious Content.
• Users can also block other users through the Website interface, preventing interactions with the blocked user.

3.5 Data Protection: You agree not to engage in any activities that would violate the General Data Protection Regulation (GDPR) or any other applicable data protection laws. This includes, but is not limited to, collecting or processing the Personal Data of other users without their explicit consent.

4. Intellectual Property Rights

4.1 Ownership of Content: The Tattoo Pathway and its licensors exclusively own all right, title, and interest in and to the Services, including all content provided on or through the Services, such as text, graphics, logos, images, videos, audio clips, software, code, data, and user interface designs (collectively, the “Content”). The Content is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2 Limited License: Subject to your compliance with these Terms, The Tattoo Pathway grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and Content solely for your personal, non-commercial use. This license does not include the right to:

• Modify, reproduce, distribute, display, perform, or create derivative works based on the Content.
• Use any data mining, robots, or similar data gathering or extraction methods on the Services.
• Decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Services.
• Use the Services in any way that violates applicable laws or regulations.

4.3 User Content: You retain ownership of any original content you create and post on or through the Services (“User Content”). By posting User Content, you grant The Tattoo Pathway a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Content for the purpose of operating and promoting the Services, including for research purposes as described in our Privacy Policy. This license includes the right to process any Personal Data contained within your User Content to the extent necessary for these purposes and in compliance with applicable data protection laws.

4.4 Feedback: Any feedback, comments, or suggestions you provide regarding the Services (“Feedback”) shall be considered non-confidential and The Tattoo Pathway shall be free to use, reproduce, modify, adapt, publish, translate, distribute, and display such Feedback in any medium, without restriction or compensation to you.

4.5 Copyright Infringement: If you believe that any Content on the Services infringes upon your copyrights, please notify us in writing by providing the following information:

• A description of the copyrighted work that you claim has been infringed.
• A description of where the material that you claim is infringing is located on the Services.
• Your address, telephone number, and email address.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.

5. Payments and Refunds

5.1 Payment Methods: We accept the following payment methods for purchases made through the Services:

• Major credit and debit cards (Visa, Mastercard, American Express, etc.)
• Klarna
• Afterpay

5.2 Currency and Exchange Rates:

• All prices on the Website and App are displayed in the currency you select.
• We accept multiple currencies, including USD, AUD, EURO, GBP, CAD, and NZD.
• Exchange rates are calculated based on the European Central Bank (ECB) rates and rounded to two decimal places using the Aelia WooCommerce Currency Switcher plugin.
• Please note that your financial institution may charge additional fees for currency conversion.

5.3 Refunds:

• Courses: You may request a refund for a course within 14 days of purchase if you are not satisfied with the content or quality.
• Digital Products: All digital products, such as ebooks and audiobooks, are non-refundable except where required by law.
• Refund Eligibility: To be eligible for a refund, you must not have accessed more than 20% of the course content or used the digital product in any way.
• Refund Process: Refunds will be processed to the original payment method, minus any applicable processing fees. Please allow up to 10 business days for the refund to reflect in your account.

5.4 Pricing and Taxes:

• Prices for our products and services are subject to change without notice.
• Any price changes will not affect orders that have already been placed.
• We may offer discounts and promotions from time to time, which may be applied automatically or through the use of coupon codes at checkout.
• Prices displayed on the Website and App are inclusive of applicable taxes, unless otherwise stated.

5.6 Payment Processor Terms: You agree to the terms and conditions of any third-party payment processors we use, including their privacy policies and data processing practices.

5.7 Chargebacks and Disputes: In the event of a chargeback or payment dispute, you agree to contact us directly to resolve the issue before initiating any chargeback or dispute process with your financial institution. We will work with you in good faith to resolve any payment concerns.

5.8 Refund Currency: Refunds will be issued in the original currency of purchase, subject to any fluctuations in exchange rates at the time of the refund. You are responsible for any applicable currency conversion fees charged by your financial institution.

6. Disclaimers and Limitation of Liability

6.1 No Warranties: The Tattoo Pathway provides the Services on an “as is” and “as available” basis. To the extent permitted by law, we make no representations or warranties of any kind, express or implied, as to the operation of the Services, the accuracy or completeness of the Content, or the suitability of the Services for any particular purpose. You expressly agree that your use of the Services is at your sole risk.

6.2 Accuracy of Information: We strive to provide accurate and up-to-date information on the Website and App. However, we do not warrant that the Content is error-free, complete, or current. We are not liable for any errors or omissions in the Content or for any actions taken in reliance on the Content, except as required by law.

6.3 Availability of Services: We make reasonable efforts to ensure that the Services are available 24 hours a day, 7 days a week. However, we do not guarantee uninterrupted or error-free access to the Services. We may temporarily suspend or restrict access to the Services for maintenance, updates, or other reasons without prior notice.

6.4 Third-Party Content and Links: The Services may contain links to third-party websites or resources. We do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.

6.5 User-Generated Content: You are solely responsible for any User Content you post on or through the Services. We do not endorse and are not responsible for the accuracy, completeness, or reliability of any User Content.

6.6 Limitation of Liability: To the maximum extent permitted by law, The Tattoo Pathway and its affiliates, officers, employees, agents, partners, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with your use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.

6.7 Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Australian Consumer Law (ACL) that cannot be excluded, restricted, or modified. If the ACL applies to you, you may have rights to remedies (such as repair, replacement, refund, or compensation) if the Services fail to meet a consumer guarantee under the ACL. To the extent permitted by law, our liability for any breach of a consumer guarantee under the ACL is limited, at our option, to:

• In the case of services, supplying the services again or paying the cost of having them supplied again.
• In the case of goods, replacing the goods or supplying equivalent goods, repairing the goods, paying the cost of replacing the goods or acquiring equivalent goods, or paying the cost of having the goods repaired.

6.8 Indemnification: You agree to indemnify and hold The Tattoo Pathway and its affiliates, officers, employees, agents, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your use of the Services, or your violation of any law or the rights of a third party.

6.9 Medical Disclaimer: The information provided through the Services is not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition.

6.10 No Guarantees: The Tattoo Pathway does not guarantee the accuracy, completeness, or timeliness of any information on the Services, nor does it guarantee that the Services will be uninterrupted or error-free.

7. Termination

7.1 Termination by User: You may terminate your account at any time by contacting us through the contact information provided on the Website or within the App.

7.2 Termination by Tattoo Pathway: We reserve the right to suspend or terminate your access to the Services, with or without cause, and with or without notice, for any reason, including but not limited to:

• Breach of these Terms.
• Inactivity of your account for an extended period (as determined by us).
• Engaging in any conduct that we deem harmful, offensive, or disruptive to the Services or other users.
• Any other reason at our sole discretion.

7.3 Effect of Termination: Upon termination of your account, your right to access and use the Services will cease immediately. Any outstanding payments due to The Tattoo Pathway will remain payable. We may also delete any User Content associated with your account, but we are not obligated to do so.

7.4 Survival: The following provisions of these Terms shall survive termination of your account or access to the Services: Sections 4 (Intellectual Property Rights), 6 (Disclaimers and Limitation of Liability), 7 (Termination), 8 (Governing Law and Dispute Resolution), and any other provision that by its nature is intended to survive termination.

8. Governing Law and Dispute Resolution

8.1 Governing Law: These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of laws provisions.

8.2 Dispute Resolution: In the event of any dispute arising out of or in connection with these Terms or the Services, you agree to first try to resolve the dispute informally by contacting The Tattoo Pathway. If the dispute cannot be resolved informally, the parties agree to submit the dispute to binding arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA). The arbitration shall be conducted in English, and the seat of arbitration shall be Sydney, Australia.

8.3 Injunctive Relief: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

9. Modifications to Terms

9.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

9.2 By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Website and the App.

10. Severability

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

11. Entire Agreement

11.1 These Terms constitute the entire agreement between you and The Tattoo Pathway regarding the use of the Services and supersede all prior and contemporaneous written or oral agreements between you and The Tattoo Pathway.

11.2 Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.