EFFECTIVE 25th MARCH 2021
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 you: are over 18 years of age and have the legal capacity to enter into a legally binding contract; have read and accepted these Terms; and 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 before 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 accept these terms where you click “Agree” or “Accept” or “Buy” or “Book” or other similarly worded click options made available to you during your use of the Site. If you are uncertain about the Terms or anything else on our Site, please do not 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, images. all designs, text, videos, audio files, graphics, other files, and software (“Content”). Your use of the Site, the products and/or the 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 the 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, the 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, and 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 this site or our products, 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 will be solely responsible for the activity and/or liability that occurs on your account (including orders placed on your account) so you agree to keep your account password confidential and secure. Your password is only known to you and may be changed at any time.
We reserve the right to suspend or cancel your account at any time, at 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 Pty Limited 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.
Due to the nature of Digital Products, any orders received and processed by us for Digital Products available to be purchased online have a strict no refund 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
All prices are as advertised on the Site and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the Site may change at any time without advance notice to you. If you’ve purchased our products 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 product 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 product or service.
We may from time to time provide discounted products and/or services. You may only use one discount code with each purchase. We reserve the right to reject or cancel any orders where you add more than one discount code. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.
We offer visitors who want to purchase from our Site the option to pay for the products and/or services by credit card or such other method of payment as notified by us from time to time. You acknowledge and agree to make timely and full payments to us for the products and/or 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 us to automatically charge the credit card on file for any 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, we may revoke your access to the products.
Payments may be made as set out on our Site and must be made upfront unless it is specifically stated that you may pay in instalments. If you choose to pay in instalments, you consent to your chosen payment method being charged in accordance with the instalment payment plan as set out on the Site. You warrant that these payment details are correct and that you have the required authority or permission to allow us to make these charges.
Refunds are offered only where required under Australian Consumer Law, at our sole discretion, or otherwise in accordance with the information provided on the Site or in these terms and conditions.
Where there are requirements or criteria to be able to receive a refund, the decision regarding this refund remains in our sole discretion.
Due to the nature of Digital Products—where you have immediate access upon purchase, any orders received and processed by us have a strict no refund and no exchange policy. All sales on digital products are final.
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 through 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 your mobile phone, tablet, desktop, laptop or any other 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.
INFORMATION AND ADVICE
Our Site may have articles and content that is of a general nature and is not intended to constitute or replace professional advice for individual or specific situations and does not take into account your specific needs or circumstances. The information contained on the Site is not a substitute for obtaining advice specific to your circumstances from a qualified professional. We do not accept responsibility for determining whether our products and/or services are appropriate for you, We reserve the right to deny service and refund the cost of that product and/or service for any reason including where we believe that the product and/or service would be dangerous or would not be appropriate for you, or we believe that further professional advice should be sought.
We do our best to ensure that the colours of any products are accurately displayed, please note, that on occasion the colour on our Site may seem different, depending on the device you use this can be for a number of reasons which are outside of our reasonable control, and may not accurately reflect the colour of the product.
By referencing or referring to anything on our Site including products or services, programs, courses, any processes or other information, this does not constitute or imply our endorsement, sponsorship or recommendation in any way.
SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA
We always appreciate interaction on our social media channels and feedback about our Site, products and services, as it helps us to improve our Site and our products and services. Through the use of this Site, you may be invited to submit a review. You can also comment on our blog or other parts of our Site 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 warrant that: you are the sole author and owner of the intellectual property and any other rights in that content (or have the right to use that content with appropriate consents and permissions); you permit us to post or otherwise use that feedback on our social media or other channels; you waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the content you provide us; the content does not violate these Terms; and you are at least 18 years old.
We reserve the right to remove a review or comment if such review or comment contains: libelous or otherwise unlawful, abusive or obscene material; attacks our employees or another contributor; contains material that discloses your personal information; or is unrelated to the post or content to which you have reviewed or commented on.
Our Site and social media channels may feature user reviews of the products and/or services as well as blogs by guest bloggers, these reviews and content of the guest blogs in no way represent the views or opinions of Design and Prosper Pty Limited or its owners, shareholders, employees or others, but are the sole product of its creator. We disclaim all liability with respect to any content submitted by the user or guest blogger.
We may from time to time run competitions through this Site and/or through our social media channels. Your participation in those competitions is subject to these Terms and any terms and conditions that are specific to each competition.
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: for any unlawful purpose; to solicit others to perform or participate in any unlawful acts; to violate any international, federal, or state regulations, rules, laws, or local ordinances; attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displayed on the Site; hack into any aspect of the Service, corrupt data, or annoy other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or 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 products or 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.
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.
Where you have selected to enter into a further agreement, relationship or contract with us beyond this Site, including by purchasing products or services which require this, we will issue you with Additional Terms. These Additional Terms together with these Terms will form the agreement between the parties (Agreement).
BREACH AND TERMINATION
The agreement constituted between us by your use of the Site may be terminated: where you breach any provision of these Terms; or 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 New South Wales, 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 exclusive jurisdiction of the courts of the State of New South Wales, Australia.