DIGITAL BLOOM TERMS & CONDITIONS
The Digital Bloom website (“Website”) is owned, controlled and operated by Sarah Garner t/as Digital Bloom (ABN 43 204 768 612) (“Digital Bloom”, “we”, “our”, or “us”)
The terms and conditions below (the “Terms”) shall apply to any person who accesses, views, uses and/or makes purchases via the Website. 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.
For the sake of clarity, these Terms and Conditions do not apply to the provision of any bespoke social media marketing and branding 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.
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 continuing to access and use the Website after such changes are made, you are agreeing to be bound by the Terms as amended.
2. ABOUT DIGITAL BLOOM AND THE WEBSITE
Digital Bloom provides a range of standard and customised ‘ready to use’ social media content packages tailored for Hair, Beauty and Fashion related businesses, which can be purchased and downloaded as a digital file from the Website, and used for marketing and branding purposes for your business/ brand (“Your Brand”), via the social media platform/s specified in each case, including, but not limited to the following products:
Instagram Highlight Covers;
Instagram Quote Packs;
Instagram Overhaul Packages,
and such other ‘ready to use’ social media content packages that Digital Bloom may make available via the Website from time to time (“Content Packages”)
The purpose of the Website is to:
promote, sell, and offer for sale, the Content Packages; and
facilitate business enquiries into other bespoke social media marketing and branding services offered by Digital Bloom.
3. PURCHASING CONTENT PACKAGES VIA THE WEBSITE
By placing an order for any Content Package via the Website (“Order”) you are offering to purchase that Content Package 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 Content Package is only formatted and suitable for use on the social media 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 Content Package, the Client must select from either of the following drop-down options (see descriptions below):
‘download as is’; or (“Standard Option”)
‘customise to suit my brand’, (“Customised Option”)
Standard Option:
If you select the Standard Option, you will be able to download the Content Package by following the instructions provided upon completing of 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 Content Package 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 Content Package 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 Content Package (“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.
4 PRICING & PAYMENT
To purchase a Content Package 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.
The prices of Content Packages are specified on the Website (“Price”). Unless otherwise stated, all Prices quoted are in Australian Dollars and inclusive of GST. Prices are subject to change without prior notice.
5. DELIVERY VIA DOWNLOAD
Please note that Content Packages are for digital files only and no physical items will be shipped.
Onscreen colours of Content Packages featured may vary from the actual colours of those Content Packages, due to monitor variations and screen configurations.
The Content Package 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 Content Package prior to placing an Order.
Should you encounter such a technical error when downloading the Content Package, please contact our help desk at hello@digitalbloom.com.au and we shall consider your situation and respond accordingly.
Once you have downloaded your selected Content Package, you can immediately start uploading items from your Content Package to Your Brand’s user account/profile via the applicable social media platform.
6. RETURNS POLICY
We do not provide refunds for ‘changes of mind’.
If you are not satisfied with any Content Package 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.
7. WARRANTIES
Our services (“Services”) may come with consumer guarantees (“Consumer Guarantees”) under the Competition and Consumer Act 2010 (Cth) (the “ACL”). To the extent permitted by law, and other than the Consumer Guarantees and any conditions that cannot be excluded by law, we do not make any warranties or guarantees regarding the Services and you agree that none shall be implied into these Terms.
8. LIABILITY
Nothing in these Terms seeks to exclude, limit or restrict any rights you may have under the ACL or any other law.
To the extent permitted by law, our liability to you in relation to the provision of the Services including where we fail to comply with a Consumer Guarantee, is limited to, at our election:
supplying the Services again; or
paying the cost of having the Services supplied again.
Subject to the above in clause 8 and to the extent permitted by law, we will not be liable and exclude all liability (whether arising under this Agreement, in tort, equity, statute or in any other way) for any loss or damage suffered by you arising from or in connection with using the Website, placing Orders and otherwise using our Services.
You agree to indemnify us against any loss (excluding consequential loss) or damage we may suffer in respect of any breach by you of this Agreement and the exercise of our rights under this Agreement pursuant to such breach.
9. 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.
10. INTELLECTUAL PROPERTY RIGHTS AND LICENCES
Our Website incorporates an online store front hosted by Shopify Inc. of 150 Elgin Street, Suite 800 Ottawa, ON K2P 1L4 Canada (“Shopify”). Shopify provides us with the online e-commerce platform that allows us to sell the Content Packages to you.
Subject to the rights Shopify has in the online ecommerce platform which hosts the Website and further excluding any Customised Elements, Digital Bloom is the exclusive owner of, or otherwise has a licence to reproduce and communicate to the public, all text, copy, quotes, images, artistic works, registered and unregistered trade marks (including the Digital Bloom trade mark), designs, layouts, fonts, source code, data and all other material contained in the Website and in the Content Packages (“Digital Bloom Content”), and is the exclusive owner or a licensee of all intellectual property rights (including without limitation copyright, designs, patents, trade marks, whether existing or future and whether registered or unregistered, and all existing or future rights to apply for such rights) in the Digital Bloom Content.
You warrant and represent that you are the exclusive owner of, or otherwise have acquired the necessary licences for us to use and reproduce any and all content comprising the Customised Elements in the Content Packages.
Upon downloading your Content Package, we hereby grant you a perpetual, non-exclusive, non-transferable, worldwide licence to copy, publish, distribute, print and communicate the Content Package either online or in print, for the sole purpose of promoting and marketing Your Brand.
You are restricted from:
Engaging third parties to modify, adapt, alter or change the Content Package;
Selling or licensing the Content Package to a third party to use or otherwise allowing a third party to use the Content Package for their own individual purposes;
Claiming or allowing another person to claim that they are the author or creator of the Content Package or any part of the Content Package.
All uses of the Content Packages 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 Content Packages 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 Content Packages, the Website and its business.
11. 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
12. GOVERNING LAW
These Terms are to be governed by and construed in accordance with the laws of the State of Victoria, Australia, and the parties hereby irrevocably submit to the jurisdiction of the courts having jurisdiction in that state.
13. 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.
14. OUR CONTACT DETAILS
Digital Bloom
Address: 52 Preston Street, Geelong West VIC 3218.
ABN 43 204 768 612
Any questions about the above Terms should be sent to hello@digitalbloom.com.au