Seedling Digital Website Terms of Use

Seedling Digital Website Terms of Use

This website (“Website”) is operated by Nicola Marie Gaastra trading as Seedling Digital (“Seedling Digital”, “we”, “our” or “us”).

By accessing this Website, our social media channels, or any portal or survey to which we provide you with access (“the Sites”), or purchasing any digital product made available on this Website (“Digital Products”) you agree to be bound by these Terms of Use. We may amend these Terms of Use at our discretion at any time and without notice. By accessing the Sites or purchasing a Digital Product, you accept these Terms of Use, as they appear on the Website at the time. If you do not accept these Terms of Use then you must immediately cease using the Sites and you should not purchase any Digital Products.

To access the Sites or purchase any of the Digital Products, you must be at least 18 years of age and warrant that you have the authority to enter into these Terms of Use.

Accuracy of Information accessed on or via the Sites

Information found on the Website is intended to be general in nature. You should not act or rely on any information found on the Website without obtaining prior advice specific to your circumstances. Any reliance that you place on the information found on this Website is at your own risk.

Whilst steps are taken to ensure that the information appearing on the Sites remains current, delays, errors or omissions could affect its accuracy or currency.  It is your responsibility to assess and verify the accuracy, completeness and reliability of any information found on the Sites.

At any given time, and without prior notice in cases where a formal quote is yet to be given, we reserve the right to amend and/alter the schedule of fees for any of our services, or for any of our Digital Products, available for download on our Website.

Whilst we endeavour to describe our services, the Digital Products, and their corresponding prices as accurately and as completely as possible in our schedule of fees or on the Website, please do not assume that they are in all respects fixed at those rates. Information set out in our schedule of fees or on the Website is based on the average cost to complete the services. There may be circumstances that require additional or different services to be provided than normal to complete your request and this will be discussed and agreed with you prior to acceptance of your request for Seedling Digital to provide a service.

Liability

Materials available on the Sites may contain links to material on other websites (“Third Party Materials”) and Seedling Digital does not monitor, edit, approve, review, endorse or sponsor any of those Third Party Materials.

Seedling Digital is not liable to you or any other person for any loss or damage (however caused, including by negligence) arising from or in connection with the use of this Website, your purchase or use of a Digital Product, or any Third Party Materials.

Seedling Digital makes no representations, warranties or guarantees as to the quality, accuracy, fitness for purpose, completeness, availability, currency or continuity of any of the materials available on the Website or any Third Party Materials, and we reserve all rights to correct any inaccuracies on this Website at any time without notice to you.

We do not represent, warrant or guarantee that the Sites, the Digital Products or any Third Party Materials are free from computer viruses or any other defect or error which may affect your software or systems, and you should ensure that your computer is protected from any such viruses or defects through appropriate security systems. Any access by you to any Third Party Materials is subject to any terms and conditions found on the websites of those third parties.

To the maximum extent permitted by the law, Seedling Digital excludes:

1. all liability for any and all direct, indirect, incidental, special or consequential loss, damage, cost and expense (including, without limitation, loss of revenue, goodwill, profit, damage to reputation, under or in relation to any other contract, data, use of data or anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person, in connection with, or in any way relating to the Sites, any content found on them, any Digital Product or Third Party Materials;

1. any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us.

Despite the above, if the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in respect of goods or services supplied (including the Digital Products), and our liability for breach is unable to be excluded, but can be limited, our liability for such breach is limited to, at our option:

1. in the case of a supply of goods, replacing the goods, supplying equivalent goods, or having the goods repaired; or

1. in the case of a supply of services, supplying the services again or paying the cost of having the services supplied again.

Discontinuation and interference

We reserve the right to refuse access or discontinue service to any part of the Sites to any person or entity without obligation to assign a reason for doing so.

We may at any time change or discontinue any aspect or feature of the Sites, or any of the Digital Products.

We do not warrant that your access to or use of the Sites will be uninterrupted or error free or that the Sites or any material on or accessible through the Sites are free from errors, viruses, worms, trojan horses or other harmful components.

Intellectual Property

Except as otherwise stated, we own, or are licensed, and reserve all of our rights in, the copyright and other intellectual property rights in any content appearing on the Sites, including the Digital Products. You must not reproduce, distribute, adapt or transmit any content appearing on the Sites without our prior written consent.

Seedling Digital makes no warranties or representations that the Third Party Materials do not infringe the intellectual property rights of any third party.

There may be trade marks on the Sites or found on Third Party Materials which may be owned by Seedling Digital or by third parties. All trade marks mentioned on the Sites or on Third Party Materials may not be used or distributed without the consent of Seedling Digital or the relevant third party owner, as the case may be.

Digital Products

Before purchasing a Digital Product, you should ensure that you have read and understood these Terms of Use. You agree that by purchasing a Digital Product, you accept that these Terms of Use will govern your right to use and access the Digital Product.

You should ensure that you fully understand what you are purchasing before you purchase the Digital Products. If you have any questions about the Digital Products, you should contact us with your questions prior to purchasing the Digital Products.

Except as otherwise required by law, due to the nature of the Digital Products, you will not be entitled to a refund of the fees you pay for the Digital Product after purchase.

In order to properly use the Digital Products, you may be required to create accounts with third party providers. Whilst we design the Digital Products to enable you to utilise free tools offered by those third party providers, we cannot warrant the continued availability of those free tools. Each of those third providers have their own terms of use and privacy practices and we are not responsible for their conduct.  

When you purchase a Digital Product, you agree that:

1. unless otherwise specified, payment will be in Australian Dollars and payable at the time of purchase;
2. you will be granted a non-exclusive, revocable licence to use the Digital Product for the purpose in which it was provided, as set out on the Website;
3. you are expressly prohibited from:
4. sub-licensing, assigning or transferring the licence to the Digital Product to any third party;
5. using the Digital Product for any commercial purpose;

• publicly displaying the Digital Product;

1. copying or creating derivative works from the Digital Product;
2. removing any copyright or other proprietary notations from the Digital Product; or
3. sharing, reselling or distributing the Digital Product to any third party.

When purchasing a Digital Product, you represent and warrant to us that any credit card or payment information you give to us is accurate and complete and that you are duly authorised to make payment to us using that credit card.

We may from time to time amend and update Digital Products as we see fit. We will not provide you with those updates in the event of any such amendment if you have previously purchased a Digital Product.

Your use of the Sites

In accessing and using the Sites, you must not post or transmit on any part of the Sites, including in the comments on the blog made available on the Website which:

1. breaches any laws or regulations or are contrary to any relevant standard or codes;
2. interferes with other users of the Sites, is false, inflammatory, defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other Site user from using the Sites;
3. constitutes commercial advertising, the promotion of gambling or the promotion of another website;
4. infringes anyone else’s copyright or other intellectual property rights;
5. tampers with, hinders or modifies the Sites;
6. knowingly transmits any viruses or other disabling features to the Sites.

By accessing the Sites our purchasing any Digital Products, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to your access or use of the Sites or your use of the Digital Products.

When providing us with information through the Sites, you understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.

Privacy

Seedling Digital has adopted a privacy policy which can be found on the Website and should be read in conjunction with these Terms of Use prior to accessing other content on the Sites. You can also obtain a copy of our privacy policy by contacting us and requesting a copy.

Applicable Law

These Terms of Use, and your use of the Sites generally, are governed by the laws of Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the State of Queensland, Australia.

Severability

If any term, provision, covenant, or condition of these Terms of Use is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of these Terms of Use shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.