EFFECTIVE 20th January 2022
Welcome to designandprosper.co
We would appreciate if you would take some time to read the conditions set out below as they apply to your use and enjoyment of our Site.
CONSENT TO SITE TERMS
By accessing and using this Site, our social media channels and any other materials made available to you or provided to you 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 products or 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.
CHANGES TO THESE TERMS
We reserve 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 our Site and services. If at any time you choose not to accept these Terms, you should not use this Site.
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 may accept these terms where you click “Agree” or “Accept” or “Buy” where such an option is made available to you during your use of the Site. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.
The Site, products and services contain intellectual property owned by us and / or by third-parties that license the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software (“Content”). Your use of the Site, the products and/or services and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Site, the products and/or services or the Content.
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, our products and/or services or the Content, our 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, products and services, Content, without refund, if you are found to be violating these Terms.
Free or paid content
Where you download or purchase our digital products (including checklists, guides, ebooks, workbooks, video or audio content) (Digital Products) you are granted a non-exclusive, non-transferable, limited licence to access and use the Digital Products for your own personal use. You may not assign or transfer the Digital Products to any other person without Our express written consent. We reserve the right, in our sole discretion, to accept or refuse to provide the products and/or services to you at any time for any reason.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Digital Products in any manner whatsoever except as authorised by us.
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.
CREATING AN ACCOUNT
To place orders and access some features of the Site, you may have to register an account. This means you’ll have to give us accurate information including your name, your business name, address, a valid email address and telephone number and you must be at least 18 years old. You warrant that any information you provide during the account set up process is accurate and correct at the time you provide the information and that you’ll update information should there be any changes to the information provided. You’ll be solely responsible for the activity that occurs on your account (including orders placed on your account) so keep your account password secure.
We reserve the right to suspend or cancel your account at any time, in our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation.
Upon purchase of a downloadable product from this Site, you will receive an email with a link to complete the purchase of your product including, where applicable, a direct download for your product.
Products may be available on this Site without a need to purchase or download them. You agree and accept full responsibility and risk for downloading and using these products. You agree that you will indemnify and hold harmless, Design and Prosper and all our related entities and personnel, against liability for any harm or loss caused by the downloading and use of these products.
You agree that it is your responsibility to ensure that you have the appropriate programs and hardware available to access and use the downloadable products and that this is not a reason for which we can offer a refund.
REFUNDS FOR ONLINE DIGITAL PRODUCTS
Due to the nature of digital products, any orders received and processed by us for digital products available to be purchased online, has a strict NO REFUND/RETURN/EXCHANGE POLICY. Where we send the wrong digital product we will send you the correct digital product and where the link provided to download is not working, we will send you the digital product direct or via a revised link at no extra cost.
PRICES AND PAYMENT
Prices are in American Dollars (USD) and in Australian Dollars (AUD). If purchased in AUD, prices are inclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the Site may change at anytime without advance notice to you. If you’ve purchased one of our programs, courses, or other products and/or services, it will be charged at the price in force at the time a customer’s order is validated.
We reserve the right at any time to modify or discontinue the program, course, product and/or service without notice at any time. We shall not be liable to you, or to a third-party for any modification, price change, suspension or discontinuance of the program, course, product and/or service.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us solely by means of electronic transmission. You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means using an electronic device such as a mobile phone, tablet, desktop, laptop or any other computer device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had
written your signature by hand.
DISCLAIMER - INFORMATION AND ADVICE
The information provided in or through our Site, programs, courses, products and/or 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 courses, programs, products and/or services be relied upon as business, financial or legal advice.
By referencing any programs, courses, products or services on our Site, including any processes or other information, this does not constitute or imply our endorsement, sponsorship or recommendation of the programs, courses, products or services.
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, programs, courses, products and / or services.
Our role is to support and assist you in reaching your goals, we cannot guarantee that undertaking any coaching, participating in any programs, courses or using our products and/or 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.
We provide programs, courses, products and services on our Site accurately represent the information provided. By participating in any programs, courses, purchasing any products or 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.
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 programs, courses, products and/or services will achieve the same or similar results.
In addition to any other prohibitions, you must not, under any circumstances use the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances and (d) attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displaced on the Site; (e) hack into any aspect of the Service; corrupt data; cause annoyance to other users; (f) infringe upon the rights of any other person's proprietary rights; (g) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or (h) attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.
WARRANTIES AND DISCLAIMERS
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 programs, courses, products or services including that:
(a) they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
(b) access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or
(c) there is no possibility of failure to store communications or other data.
The use of any programs, courses, products and/or services, requires personal choices and / or actions that are unique to the individual and any reliance on the content made available on our Site, through our programs, courses, products and/or services are at your own risk.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors 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 products or services, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our 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 the Australian Consumer Law (Schedule 2 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.
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.
If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
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.
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.
GOVERNING LAW AND JURISDICTION
All Terms shall be construed in accordance with and governed in all respects by the laws of the State of NSW, 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 NSW, Australia.
We know first hand the struggles faced by graphic designers. We're here to support you via one to one business mentoring and coaching, so you don't have to go it alone.