Ben Weeks Art & Design - Legal Terms & Conditions

Service Provider: Ben Weeks Art & Design is a Canadian business operating from Ontario, Canada
Effective Date: August 11, 2025
Last Updated: August 11, 2025

Language: These terms are provided in English only. Any translation is for convenience and the English version prevails
Scope of Terms: These terms apply exclusively to digital product purchases. Custom consulting, commission work, and client services are governed by separate agreements provided at the time of engagement.


Analytics & Tracking

We use analytics tools to understand website usage and improve our services:

  • Google Analytics: Collects visitor data including pages viewed, time on site, and general location (city/country level). Google may use cookies and collect IP addresses. View Google’s privacy policy at google.com/policies/privacy
  • Fathom Analytics: A privacy-focused alternative that does not collect personal identifying information

By using our website, you consent to this data collection. You can:

  • Disable cookies in your browser settings
  • Use browser extensions to block Google Analytics
  • Use private/incognito browsing mode
  • Install the Google Analytics Opt-out Browser Add-on: tools.google.com/dlpage/gaoptout

This data helps us understand traffic patterns and improve our products but is never used to personally identify individual visitors.

Cookies

Our website uses cookies through Google Analytics to analyze site traffic and usage patterns. These are small files stored on your device that help us understand how visitors use our site.

You can control cookies through your browser settings:

  • Block all cookies
  • Delete cookies after each session
  • Allow cookies but block third-party cookies

Disabling cookies will not affect your ability to purchase or access products but may limit our ability to improve the site experience.

Terms of Use & Purchase

By purchasing any digital product from Ben Weeks Art & Design (“Company”, “we”, “us”), you agree to these terms and conditions. Please read them carefully before completing your purchase.

Age Restrictions

You must be 18 years or older to purchase our products. If you are under 18, you may only use our services with parental/guardian consent and supervision. We do not knowingly collect information from anyone under 13 years of age.

Digital Product Purchase Terms

Instant Access: Upon successful payment, you will receive immediate access to your digital product(s) via email. All sales are final upon delivery of digital materials.

License Grant: You are granted a personal, non-exclusive, non-transferable license to use the digital products for your own creative and commercial projects. You may NOT resell, redistribute, or share the digital files.

Permitted Uses:

  • Use templates and resources in your own artwork and client projects
  • Modify and customize materials for your creative work
  • Learn from tutorials and guides for personal skill development

Prohibited Uses:

  • Reselling or redistributing any digital files
  • Sharing login credentials or downloaded materials
  • Claiming our work as your own original creation
  • Using materials in competing educational products

Pricing

All prices are displayed in USD (United States Dollars). Canadian customers will be charged the equivalent amount based on current exchange rates. Additional currency conversion fees may apply through your payment provider.

Sales Tax

Prices do not include applicable taxes. Tax will be calculated and added at checkout based on your location. Payment processors (Lemon Squeezy/Gumroad/Samcart/ArtStation) handle all tax collection and remittance.

Refund Policy

Due to the immediate digital delivery of our products, refunds are generally not available once files are accessed. However, we will consider refunds for:

  • Technical issues preventing access to purchased content
  • Accidental duplicate purchases
  • Products significantly not as described

Contact ben@benweeks.ca within 14 days of purchase with your order details and explanation.

Privacy Policy

Information We Collect

  • Name and email address for product delivery and communications
  • Payment information (processed securely through payment processors - we never see full payment details)
  • Website usage data via Google Analytics and Fathom Analytics (pages visited, general location, device type)
  • Consulting inquiry information via contact forms

How We Use Your Information

  • Deliver digital products and provide customer support
  • Send occasional updates about new products via our email list (opt-in only, unsubscribe anytime)
  • Evaluate and respond to consulting project inquiries
  • Improve our products and user experience

Third-Party Services We Use

  • Payment Processing: Lemon Squeezy, Gumroad, Samcart, ArtStation (as applicable)
  • Email Management: Mailchimp (GDPR compliant)
  • Forms: Typeform
  • Analytics: Google Analytics and Fathom Analytics

We do not have direct access to payment information - this is handled entirely by our payment processors.

Information Sharing

We do not sell, trade, or share your personal information with third parties except as necessary to process payments and deliver products through our secure payment processors.

Data Retention

  • Product customer data: Retained for customer support and product delivery
  • Email subscribers: Until you unsubscribe
  • Consulting inquiries: Retained in our email records for business reference and potential future contact

Privacy Rights (PIPEDA/GDPR)

Your personal information is limited to what you provide through:

  • Payment processing (handled by Lemon Squeezy/Gumroad/Samcart/ArtStation)
  • Contact forms (Typeform)
  • Email list (Mailchimp)

To exercise privacy rights (access, correction, deletion), contact ben@benweeks.ca. Note: We can only access/modify information we directly control. For payment data, contact the respective payment processor directly.

Email Consent: Unsubscribe anytime via the link in any email or through Mailchimp directly.

Data Deletion

To request deletion of your data:

  • Email list: Unsubscribe via Mailchimp
  • Payment records: Contact the payment processor directly (we don’t store this)
  • Contact form submissions: Email ben@benweeks.ca

Note: We may need to retain certain records for tax and legal compliance.

Payment Processing

All payments are securely processed through Lemon Squeezy, Gumroad, Samcart, and/or ArtStation. We do not store your payment information on our servers.

Data Security

Payment processing and data security are handled by our secure, PCI-compliant payment processors. We use industry-standard security measures for any data we do collect.

Electronic Communications

By providing your email address, you consent to receive all communications electronically, including purchase confirmations, digital products, and legal notices. You may withdraw this consent by contacting us, but this may limit your ability to purchase digital products.

Results and Success Disclaimer

Your results depend entirely on your personal effort, commitment, and how you apply the techniques taught. We cannot guarantee any specific outcomes, and results will vary significantly between individuals based on their unique circumstances, dedication, practice time, and artistic background. There are no guarantees regarding the creative or professional results you may achieve from using our educational materials.

You understand that artistic development and any potential business success requires individual effort and carries inherent risks. We make no promises about your creative progress, skill development, or any financial outcomes that may result from applying the information provided.

Income and Business Disclaimer

Any income examples or business references are for educational purposes only and do not guarantee similar results. Your financial outcomes depend entirely on your own actions, market conditions, and business decisions. We are not responsible for any business decisions you make or their consequences. All business and financial risks are solely your responsibility.

Examples and Artwork Disclaimer

Artwork examples shown are for educational demonstration only, including work by Ben Weeks and references to historical art techniques. These examples illustrate techniques and possibilities but do not guarantee that students will achieve similar artistic results. Every artist develops at their own pace with varying outcomes.

Future student examples, if shared, represent individual achievements and do not promise comparable results for other learners.

Disclaimer

Educational Content: Our digital products are for educational and creative purposes. Individual results may vary significantly based on effort, skill level, practice time, and application of techniques.

No Guarantees: We provide techniques and methods based on our experience, but we cannot guarantee specific creative outcomes, artistic improvement, or commercial success.

Individual Responsibility: You are solely responsible for your creative development, practice, and any business decisions you make based on the information provided.

Warranty Disclaimer: Digital products are provided “AS IS” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions do not allow disclaimer of implied warranties, so this may not apply to you.

Intellectual Property

All content, including but not limited to text, graphics, templates, videos, and audio materials, is the property of Ben Weeks Art & Design and is protected by copyright laws.

Your Original Work: Any artwork you create using our techniques and templates remains your intellectual property.

Company Materials: Our templates, guides, and educational content remain our intellectual property and are licensed for your use under these terms.

Accessibility

We strive to ensure our digital products are accessible. If you require materials in an alternative format due to a disability, please contact us at ben@benweeks.ca to discuss accommodations.

Limitation of Liability

By purchasing from us, you agree that any claims must be brought in Ontario, Canada. Our maximum liability for any claim is limited to the amount you paid for the product. We are not liable for indirect, incidental, or consequential damages.

YOU AGREE NOT TO BRING ANY CLAIM IN ANY OTHER JURISDICTION.

Ben Weeks Art & Design shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of our digital products, even if we have been advised of the possibility of such damages.

Dispute Resolution

These terms are governed by Ontario, Canada law. Any disputes will be resolved in Ontario courts. By purchasing our products, you agree to Ontario jurisdiction regardless of your location.

We encourage contacting us at ben@benweeks.ca to resolve any issues before pursuing legal action.

Force Majeure

We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, labor disputes, or internet service disruptions.

Third-Party Links

Our content may include links to third-party websites or resources. We are not responsible for the content or policies of external sites.

Contact Information

Ben Weeks Art & Design
Website: benweeks.ca

For customer support or sales questions, please email us at ben@benweeks.ca.

Modifications

We reserve the right to modify these terms at any time. Updated terms will be posted on our website with a new effective date. Continued use of our products after changes constitutes acceptance of new terms.

Severability

If any provision of these terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Governing Law

These terms are governed by the laws of Ontario, Canada. Any disputes will be resolved in the courts of Ontario, Canada.

By completing your purchase, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.

Questions? Contact us at ben@benweeks.ca - we’re here to help!