Terms & Conditions

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITE OR PURCHASING ANY ONLINE SERVICES

INTRODUCTION

Welcome to www.digitalbloom.com.au (“Site”). Sigh, this is the boring, *ahem* super important legal stuff. Pretty please with sprinkles on top read through them and then we can move onto growing your branding from the ground up. Mmmkay?

This Site is owned and operated by Digital Bloom Pty Ltd (ABN 43 204 768 612) trading as Digital Bloom Pty Ltd (referred to in these terms as “the Company”, “we”, “us”, and “our”). Please take the time to read the terms of use that are applicable to the use of this Site and the content made available to you (“Terms”). These Terms together with our Privacy Policy apply to all Site visitors, subscribers, clients, customers, and all other users of the Site (“user”, “you” and “your”). If you (the “Client”, “you” or “your”) do not agree with the Terms, you must immediately cease using, and refrain from making any purchases on, the Website.

CONSENT TO SITE TERMS OF USE

By accessing and using this Site, our social media channels and any other materials made available to you including but not limited to in our courses, modules, lessons, tech tutorials, guides, blog, eBooks, masterclasses, webinars, podcasts, checklists, ebooks, slide decks, transcripts, Q&As, membership community, one on ones, videos, and our template designs (“Online Services”) provided on this Site, whether made available for purchase or not, you are taken to accept our Terms.

By using the Site, accessing or purchasing any Online Services, you warrant that:
(a) you are over 18 years of age and have the legal capacity to enter into a legally binding contract;
(b) have read and accepted these Terms; and
(c) will comply with these Terms.

VARIATION OF THESE TERMS

We have the right to change these Terms at any time in our sole discretion without prior notice to you and will post all changes via the Website. It is your sole responsibility to be aware of any changes made to the Terms. By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these Terms where you click “Agree” or “Accept” where such an option is made available to you during your use of the Site.

DISCLAIMER – INFORMATION AND ADVICE

All content, including the Online Services made available to you on www.digitalbloom.com.au, contains general information about our Online Services, and does not take into account your specific needs, objectives or circumstances. The information contained on the Site and in our Online Services is not a substitute for any bespoke branding, consultancy and related design services that may be provided by Digital Bloom to businesses on request, which bespoke services will be governed by Digital Bloom’s Client Services Agreement.

You further understand and agree that any information, feedback, comment or review that you provide by reason of your use of this Site, or purchasing the Online Services is not privileged or confidential. The information provided in or through our Site, or Online Services is intended to be for educational purposes only and is made available to you as a means of helping you, help yourself. Under no circumstances should the content made available on our Site, our Online Services be relied upon as business, marketing, graphic design, social media, financial or legal advice.

You acknowledge and agree that we have not and do not make any representations as to the financial benefits, future income, sales volume or potential profitability or loss of any kind that may be derived as a result of your use of this Site, or our Online Services. The Online Services provided are not for household, domestic purposes but for business use.

ARE YOU MY GRAPHIC DESIGNER/CONSULTANT/BRANDING BOUTIQUE IF I USE THIS SITE OR BUY SOMETHING FROM YOUR ONLINE SERVICES?

We think you’re great, but a deeper, more meaningful relationship is a whole next level thing you’d have to to go to our website www.digitalbloom.com.au and hire us to be your Graphic Designer/Consultant/Branding Boutique. Any information, articles, guides or any other information made available to you on this Site, through our email marketing or via our social media channels is general information only and does not take into account your specific needs or circumstances and should not be relied upon as such.

Where you book and attend (whether in person or via electronic communication e.g. Zoom, Skype or mobile) a one on one, you participate in any Q&A or our membership community you acknowledge and agree (as a binding contractual agreement between you and us) that all the information you receive during the one on one, Q&A or membership community is only general information.

PURCHASING DIGITAL PRODUCTS AND/OR SERVICES VIA THE WEBSITE

By placing an order for any Online Services via the Website (“Order”) you are offering to purchase that Online Services to promote Your Brand, and subject to, these Terms. Each Order you place will be a separate and binding agreement between you and Digital Bloom in accordance with these Terms.

You agree that:

the Online Services is only formatted and suitable for use on the platform/s specified on the Website;
we reserve the right in our sole discretion to accept or reject an Order;
all Orders are subject to availability; and
all Orders are final and binding, subject clause 6 and 8 of these Terms.

When purchasing a Online Services, the Client must select from either of the following drop-down options (see descriptions below):

‘download as is’; or (“Standard Option”)
‘customised to suit my brand’, (“Customised Option”)

Standard Option:
If you select the Standard Option, you will be able to download the Online Services by following the instructions provided upon completing payment. The watermark will be removed upon purchase.

Customised Option:
If you select the Customised Option, we will send you a confirmation of your Order via email, followed by an online order form which you will need to complete and return to us within seven (7) days of us sending the form (“Order Form”). As part of completing and returning the Order Form, you are required to list your customised choices within the design options provided, and/or supply Your Brand logo, and any imagery, copy, font, icons, artwork, as applicable for the Online Services selected (collectively “Customised Elements”). If you fail to complete and return the Order Form by the due date, you agree that we will send you the uncustomised version of the Online Services and that you will not be entitled to a refund of the balance between the cost of the customised and uncustomised versions.

Upon receipt of your completed Order Form, we will endeavour to supply the first draft of the Online Services (“Draft 1”) to you via email within seven (7) days. You may request a maximum set of one (1) set of revisions to Draft 1 and must do so within seven (7) days of receiving Draft 1 (“Revisions Deadline”). If you fail to request the set of revisions by the Revisions Deadline, at the conclusion of the Revisions Deadline, Draft 1 will be deemed the final product and we will make the final product available to you. If you request the set of revisions within the Revisions Deadline, we will carry out the revisions and make the final product available to you for download within seven (7) days of you making the request.

Please note it is your responsibility to check the accuracy of all information contained in your Customised Elements, as well identifying and correcting any spelling and/or grammatical errors by notifying us via email during the approval process provided above.

PRICING, PAYMENT & ONLINE PAYMENT SECURITY

All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) unless otherwise specified (as applicable). The prices indicated on the Site may change at any time without advance notice to you. To purchase any Online Services via the Website, you will need a valid credit or debit card issued by a bank acceptable to us. Your card issuer agreement shall govern the use of your designated credit card and will determine your rights and liabilities as a cardholder.

We offer visitors who want to purchase from our Site the option to pay for the Online Services by Stripe, ZIP Pay or credit card or such other method of payment as notified by the Company from time to time. You acknowledge and agree to make timely and full payments to the Company for Online Services purchased. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise the Company to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, the Company reserves the right to suspend and/or revoke your access to the Online Services until all outstanding amounts have been paid. This is in addition to any other rights we have under these Terms including the ability to terminate for non-payment.

If paying via third party buy now, pay later products such as Zip Pay or Salon Pay, please click the individual links to view their Terms and Conditions and Privacy Policies.

TEMPLATES + PREMADE BRANDING KITS

When you receive template artworks as part of our Online Services, you are granted a non-exclusive, non-transferable, limited licence to access and use the template designs for your own personal business use. You may not assign or transfer the template designs or your membership in the Online Services or its benefits to any other person without the Company’s express written consent. We reserve the right, in our sole discretion, to accept or refuse to provide the Online Services to you at any time for any reason.

You are solely responsible for the completion and use of the template designs unless you engage www.digitalbloom.com.au to provide you with custom services. We do not provide any warranties or guarantees regarding the template designs. If you have any questions or concerns regarding the template designs, you can get in touch with us via accounts@digitalbloom.com.au You are restricted from:

Engaging third parties to modify, adapt, alter or change the template designs;
Selling or licensing the template designs to a third party to use or otherwise allowing a third party to use the template designs for their own individual purposes;
Claiming or allowing another person to claim that they are the author or creator of the template designs or any part of the template designs.

All uses of the template designs which are not expressly permitted by these Terms are strictly prohibited. Digital Bloom reserves the right to use, and you consent to us using, the template designs and your Customised Elements (including Your Brand logo, imagery and copy) on the Website or any other media for the purpose of promoting Digital Bloom’s template designs, the Website and its business.

DELIVERY VIA DOWNLOAD

Please note that design templates and/or premade branding kits are for digital files only and no physical items will be shipped. We try to be clear and informative when describing our Online Services and do our darndest to describe and display them as accurately as possible in a way that is easy to understand.

Whilst we do try our best, (we really wanted to use the word whilst) occasionally there may be information that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers and availability. From time to time we may amend errors in pricing and descriptions. We reserve the right to refuse or cancel any order if any information on the Site (including our Online Services) is inaccurate at any time without prior written notice (including after you have submitted your order).

On Screen colours of design templates and/or premade branding kits may vary from the actual colours of those design templates and/or premade branding kits, due to monitor variations and screen configurations.

The design templates and/or premade branding kits you have purchased will download to your nominated device, provided that your device is technically suitable to undertake the download. It is your responsibility to ensure your device is technically suitable to download the design templates and/or premade branding kits prior to placing an Order.

Should you encounter such a technical error when downloading the design templates and/or premade branding kits, please contact our helpdesk at hello@digitalbloom.com.au and we shall consider your situation and respond accordingly.

Once you have downloaded your selected design templates and/or premade branding kits, you can immediately start uploading items from your design templates and/or premade branding kits to Your Brand’s user account/profile via the applicable platforms.

RETURNS POLICY

We do not provide refunds for ‘changes of mind’. If you are not satisfied with any Online Services once downloaded, you must notify us by email at hello@digitalbloom.com.au as soon as possible after download and we will discuss your concerns with you.

DISCOUNTS

From time to time, we may offer discounts. Any such discounts cannot be used in conjunction with another offer or discount. Discount codes are not transferable and cannot be redeemed for cash under any circumstances.

WARRANTIES

This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and/or the Online Services including that:

they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or
there is no possibility of failure to store communications or other data.

While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.

LIABILITY

To the fullest extent permitted by applicable laws, in no event are we responsible for any losses and expenses however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and/or our Online Services, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our Online Services is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by Australian Consumer Law (s64A of the Competition and Consumer Act 2010).

OUR RIGHT TO BE INDEMNIFIED BY YOU

To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.

USE OF OUR WEBSITE

By accessing and/or using the Website, you undertake to, and agree that you will:

only use the Website for lawful purposes, and not break any law (in your jurisdiction or ours) by accessing or using the Website (by reference to laws in your jurisdiction as well as ours);
use the Website only in the way that it is designed to be used;
and not interfere or attempt to interfere with the proper working of the Website, or with any other person’s use of the Website, including by transmission of viruses, malware or any code of a disruptive or destructive nature.

CEASING OUR WEBSITE

We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

INTELLECTUAL PROPERTY RIGHTS AND LICENCES

The Site and Online Services contain intellectual property owned by the Company and by third-parties that license the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, training materials, templates, products, services and/or other materials made available to you, as well as any patents and other intellectual property rights, business name, logo, all designs, text, videos, audio files, graphics, other files, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide (“Content”). Your use of the Site, the Online Services and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Site, the Online Services or the Content. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms.

ASSIGNMENT

We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.

NO COMMERCIAL USE

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, Content or the Online Services, the Company’s Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site and Online Services, without refund, if you are found to be violating these Terms.

The Content made available to you through our Online Services are strictly for personal use only and must not be shared. Subject to your compliance with these Terms, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.

NO GUARANTEES

Our role is to support and assist you in reaching your branding goals, we cannot guarantee that undertaking any coaching, participating in any programs, courses or using our Online Services will ensure success. Any success you gain, will be dependent on your own efforts, commitment, motivation and intent to follow through. Under no circumstances, can we guarantee a particular result, whether financial or otherwise. You acknowledge and agree that results may differ from person to person. Each person’s individual success is completely dependent on their background, dedication, drive and motivation to succeed as well as many other additional factors. You acknowledge and agree that when you purchase any program, participate in any coaching or purchase a product and /or service, that results may vary as there are too many variables to guarantee success. Any client reviews, statements or examples advertised or available on our Site or via any content we communicate with you (including any newsletter, social media or other advertising), are merely examples of what can be possible.

PERSONAL RESPONSIBILITY

We provide Online Services on our Site accurately represent the information provided. By participating in any of our Online Services or otherwise using our Site, you acknowledge you are solely and personally responsible for any results you achieve. You further acknowledge and agree that you will undertake your own due diligence and judgement before applying anything you have gained from your use of this Site, purchase of products and/or services or participation in any programs or courses, taking into account your own personal circumstances.

LINKS TO OTHER WEBSITES

Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of and nor are we responsible for the content on those websites. It’s up to you to decide if those websites and their content work for you, and we recommend that you investigate and do your homework to find that out.

TESTIMONIALS & CASE STUDIES

On our Site we present real life examples and insights of other people’s experiences for illustration purposes only and any results personally achieved are due to the individuals themselves. These testimonials show users what can be possible but are not intended to represent or guarantee that any current or future users of our Online Services will achieve the same or similar results.

INTEGRITY

We’ve created this Site to provide users with access to our Online Services. By using our Site we expect you to meet certain standards of behaviour, and to encourage that, we’ve set out some rules below.

You must:

Not breach another person’s privacy and use their details without their consent to do anything on this Site or in connection with our Online Services;
Not use this Site in any way that is or may be damaging to this Site
Not use this Site to send unsolicited emails
Not interfere with anyone using this Site
Not use this Site to defame, harass, threaten or offend any person; or
Not help anyone else do any of the above.

USER FEEDBACK, COMMENTS AND OTHER SUBMISSIONS

We always appreciate interaction on our social media channels and feedback about our Online Services, as it helps us to improve our Site and our Online Services. Through the use of this Site, you may be invited to submit a review, or interact with us via our social media channels. We love to hear from you! Where you do decide to submit such feedback or comments, you give us permission to post or otherwise use that feedback on our social media or other channels. If you don’t want us to do that, you can email us and tell us at any time.

We reserve the right to remove a review or comment if such review or comment (a) contains libellous or otherwise unlawful, abusive or obscene material; (b) attacks our employees or another contributor; (c) contains material that discloses your personal information; or (d) is unrelated to the post or content to which you have reviewed or commented on. Again. Just be a good human.

The Company shall use commercially reasonable efforts to restrict unauthorised access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorised third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.

The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms . By using the Site, you signify your acceptance of the Company’s Privacy Policy (www.digitalbloom.com.au/privacy-policy), If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

COMPETITORS ARE EXCLUDED

You are not allowed under any circumstances to use or access any documents or content on our Site in any way that competes with our business. The Company reserves its right to exclude and not permit any person using this Site or accessing its Online Services in its sole discretion.

PRIVACY POLICY

Your use of the Website may involve submitting your personal information via a form, registration process or other communication, including during the Order process. Where applicable, we will collect your Personal Information subject to our Privacy Policy, which is available at : www.digitalbloom.com.au/privacy-policy

GOVERNING LAW

Our Site, like any other website, is accessible to anyone, which means, it may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

All Terms shall be construed in accordance with and governed in all respects by the laws of the State of Queensland, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Queensland, Australia.

SEVERABILITY

In the event that any provision of these Terms or portion thereof is found to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion or provision (as the case may be) shall be deemed to be severed from these Terms without affecting the validity and enforceability of any other remaining provisions.

BREACH AND TERMINATION

The agreement constituted between us by your use of the Site may be terminated (a) where you breach any provision of these Terms; or (b) at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.

ENTIRE AGREEMENT

These Terms (together with our Privacy Policy and disclaimers) contained on this Site, constitute the entire understanding and agreement between us and you, in relation to your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this Site and your use of this Site.

CHANGES TO THESE TERMS

The Company reserves the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of the Company’s Online Services. If at any time you choose not to accept these Terms, you should not use this Site.

CONTACT US:

If you have any questions regarding the above Terms, just connect with us via email to accounts@digitalbloom.com.au