Terms & Conditions of Use

General Terms

Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​for​ The Brand Method Collective PTY LTD, including www.thebrandtemplateshop.com

Last Updated on 1 November, 2022.

NOTICE: These​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​are​ ​legally​ ​binding.​ ​It​ ​is​ ​Your responsibility​ ​to​ ​read​ ​these​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​carefully​ ​prior​ ​to​ ​purchase, use,​ ​or​ ​access​ ​of​ ​any​ ​of​ ​Our​ ​products,​ ​including​ ​online​ ​courses.

GENERAL PROVISIONS

This website is owned and operated by The Brand Method Collective PTY LTD, a company. Our business mailing address is PO Box 1069, Coffs Harbour, New South Wales, 2450.

You must be at least sixteen years of age to use Our website. Use of this website is at Your own risk. We host Our site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety of Your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.

Product Purchaser Agreement

All programs, products, and services ​are owned and provided by The Brand Method Collective PTY LTD (“Company” or “We” or “Us” or “Our”). The term “You” or “Your” refers to any user or purchaser of said program(s), product(s) or service(s) (the “Offering”). These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering. We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.

You are legally bound to these Terms and Conditions of Use whether or not You have read them. If You do not agree with any of Our Terms and Conditions of Use, please email Us at hello@thebrandmethod.com and We will make reasonable efforts to remove Your name, email, and access to Our Offering and website(s).

YOUR​ ​PRODUCT​ ​OR​ ​COURSE​ ​USE​ ​AND​ ​CONSENT

When You purchased Our Offering, You were given a reasonable notice that these Terms and Conditions of Use existed. By moving forward with Your purchase of the Offering and further access of the Offering, You implicitly agreed and continue to agree to abide by these Terms and Conditions of Use, as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.

You agree You are at least sixteen years old, or of an age which has the capacity to consent if they have the maturity to understand what’s being proposed, according to Your applicable jurisdiction, in order to access the Offering. Access of Our Offering and related materials by a user under this age is a violation of use, and We reserve the right to terminate Your access if such an issue is discovered.

License agreement

STANDARD LICENSE

This license grants you, the purchaser, a limited, non-exclusive, non-transferable, revocable worldwide license to edit the template/s, or digital file/s you have purchased for personal and commercial-use. This license allows for unlimited usage of the template or digital file. This license allows for usage in worldwide markets.

You are NOT allowed to resell, copy or share these templates, or assets created as a result of using these templates with anyone other than yourself. If you would like to share these templates, please refer them to our website: www.thebrandtemplateshop.com

This license is for one copy (one seat, or one usage at any one time) to access the templates. You may modify, add your own information, and use each template purchased as often as you want in 1 Personal or Business Social Media account. A separate license is required for every social media account, including client accounts you manage and use the templates for.

If You exceed the scope of this license, as determined by a legal authority such as a court of law, You have committed infringement in a manner that materially harms Us, and We have the right to seek damages and/or an injunction to remedy the situation until We are made whole.

YOU MAY:

Access the Offering through one Canva account, one Mailchimp account and one Google account (if additional members of Your team need to access the Offering, You must purchase additional Offerings for each team member).

  • Download and/or print any edited templates for Your personal use in Your business, and for sharing across one business’ social media accounts, one website, or for printing in one business location. If additional members of Your team need to download and/or print any materials from the Offering, You must purchase additional Offerings for each team member.

  • Use Our trademarks and copyrighted materials with Our consent and proper credit and marking, namely, citing © The Brand Method Collective PTY LTD as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™.

YOU MAY NOT:

  • Re-sell or trade Your access to the Offering.

  • Share the Offering with anyone else who has not yet purchased it or opted in to receive it. Including, but not limited to, virtual assistants, team members, social media managers, content creators or anyone else with access to your accounts.

  • Reprint or republish any of the unedited Offering, in part or in whole.

  • Distribute any of the unedited materials contained in the Offering or related materials and/or communications as Your own, otherwise known as stealing.

  • Distribute the template, in part or in whole, for personal use or commercial gain.

  • Resize the template to be used in a format other than the purchased template. E.g. you may not use social media images in emails, or as website banners.

  • Claim ownership or use over any of Our intellectual property without Our prior consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos, and more; trademarks such as names, logos, taglines, or other unique source identifiers; or trade dress including the look and feel of the Offering (and its related communications and materials).

  • Use Our Offering or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).

EXTENDED (AGENCY) LICENSE

For agencies, virtual assistants or social media managers who wish to use these templates for multiple clients, or for use in multiple accounts, an Extended License must be purchased. Please contact hello@thebrandmethod.com to obtain this license.

Copyright & Intellectual PROPERTY

All templates purchased from www.thebrandtemplateshop.com are copyrighted and remain the intellectual property of The Brand Method Collective PTY LTD. All images or elements included in templates, remain the property of their respective owners (e.g. Canva, or The Brand Method).

In accordance with our license agreement, You may use Our intellectual property of templates you have purchased. Credit back to our site is not required, however you may wish to tag us or refer back to our website. You may never claim any of Our intellectual property as Your own or Your unique creation, even with attribution.

Graphic elements and template designs cannot be used in other formats, or copied to other designs, without the express permission of The Brand Method Collective PTY LTD. For example, if you have purchased a social media template, this cannot be used in an email or print design. This template is for the purpose of social media only.

You are free to replace images, colours, fonts, text, elements and graphics within the templates, with your own. The Brand Method takes no responsibility for the copyright of such elements, and it is your responsibility to ensure that all design elements are being used according to copyright laws.

In some circumstances, we may use images, elements or graphics available in Canva Pro. You will need to have your own Canva Pro account in order to download, print and publish these items. If you do not have a Canva Pro account, you can sign up for a free 45-day trial here.

You may NOT use Our intellectual property that a license has not been purchased for, or outside of the terms of the license, which includes republishing any text, image, design, or other property on another website, or posting a quote or image from Our site, video content or imagery to any third-party website including social media. We have spent a great deal of time and money building the intellectual property located on this site and in order to maintain the integrity of it, We cannot allow any third party use.

REQUEST​ ​FOR​ ​PERMISSION​ ​TO​ ​USE​ ​CONTENT ​

If You wish to use, publish, or access any of Our content, Offering(s), or related materials, You must do so by requesting permission prior to commencing use of the same by emailing Us at hello@thebrandmethod.com.

CIVIL​ ​AND​ ​CRIMINAL​ ​PENALTIES

Even though Our Offering is not necessarily something You can physically hold in Your hand and walk away with, it is nevertheless considered theft to steal, infringe, or otherwise violate these Terms and Conditions of Use. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in New South Wales, Australia by opting into or purchasing any Offering or accessing its related communications and/or materials.

YOUR​ ​MATERIALS​ ​AND​ ​CONTRIBUTIONS

​By submitting a comment, photo, video, or other material(s) onto any website or platform owned or maintained by Us, including but not limited to third-party access sites, such as Our Facebook group(s) or online software platforms that We use to distribute Our Offering and related materials, You agree that We have a non-revocable, commercial license to re-publish Your submission in whole or in part unless You explicitly state that We may not do so with said submission. You have no right to privacy by accessing Our Offering or related materials, and We reserve the right to disclose Your participation in the same.

MODEL​ ​RELEASE

You​ ​must​ ​own​ ​the​ ​copyright​ ​to​ ​any​ ​image(s)​ ​You​ ​use​ ​by​ ​default​ ​or voluntarily​ ​on​ ​Our​ ​platforms​ ​or​ ​in​ ​Our​ ​Offering​ ​or​ ​related​ ​materials.​ ​You​ ​grant​ ​Us​ ​a commercial​ ​license​ ​to​ ​any​ ​image(s)​ ​You​ ​submit​ ​to​ ​Us​ ​by​ ​default,​ ​such​ ​as​ ​a​ ​Facebook profile​ ​photo​ ​or​ ​other​ ​profile​ ​image​ ​You​ ​voluntarily​ ​provide​ ​in​ ​accessing​ ​the​ ​Offering,​ ​or voluntarily​ ​upon​ ​Our​ ​request.​ ​Such​ ​a​ ​default​ ​or​ ​voluntary​ ​release​ ​of​ ​Your​ ​image​ ​and likeness​ ​may​ ​be​ ​used​ ​for​ ​any​ ​reasonable​ ​future​ ​business​ ​use.

NOTIFICATION​ ​OF​ ​USE

​We are not obligated to notify You or anyone in photographs of Our publication or other use of any image or images You submit by default or voluntarily.

SECURITY​ ​AND​ ​ASSUMPTION​ ​OF​ ​RISK

SECURITY

It is Your responsibility to secure any usernames and passwords required to access our materials, from theft or any other means of unauthorised use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe or Paypal​. By utilising these payment processors to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.

CONFIDENTIALITY

​You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.

ASSUMPTION​ ​OF​ ​RISK

​By accessing Our Offering and/or related materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information, or educational materials provided to You.

YOUR COMMUNICATIONS

Any communications made through Our ‘contact’, blog, blog comments, newsletter sign up, Facebook groups, or other related pages, or directly to Our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on Our website, servers, comments, emails, or other media as allowed by Australian law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how We store and use Your communications or any data provided by You in those communications, please refer to Our Privacy Policy.

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.

DISCLAIMERS

Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our website and company for any direct or indirect loss or conduct incurred as a result of Your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While We may reference certain results, outcomes or situations on this website, You understand and acknowledge that We make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. If You have medical, legal, or financial questions, You should consult a medical professional, lawyer, or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.

This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let Us know, please email Us at hello@thebrandmethod.com

EARNINGS​ ​DISCLAIMER

​You agree that You understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches Our Offering(s) with different backgrounds, disposable income levels, motivation, and other factors that are outside of Our control. Therefore, We cannot guarantee Your success merely upon access or purchase of Our Offering(s) or related material(s).

GENERAL​ ​DISCLAIMER

To the fullest extent permitted by law, We expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by You or others in connection with Our Offering(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial, or other professionals, or if We are, during the course of this Offering and related material(s), We are not offering Our professional services and You expressly agree We are not acting in any professional capacity, including medical, legal, financial, or otherwise during the course of this Offering. This Offering is for educational and entertainment purposes only. None of the Offering or its related material(s) should be construed as medical, legal, or financial advice.

THIRD​ ​PARTY​ ​DISCLAIMER

​You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You.

WARRANTIES​ ​DISCLAIMER

​WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

TECHNOLOGY​ ​DISCLAIMER

​We make reasonable efforts to provide You with modern, reliable technology, software, and platforms from which to access Our Offering(s) and related material(s). However, in the event of a technological failure, You accept and acknowledge Our lack of responsibility for said failure, and while We will make reasonable efforts to support You, some technological issues are far outside Our control and will require You to access support from a third-party provider, such as Squarespace, Canva, Google or Mailchimp.

ERRORS​ ​AND​ ​OMISSIONS

​We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in Our Offering(s). We are not liable for any inaccuracies, errors, or reliance on personal opinions contained in Our Offering(s) or related material(s).

INDEMNIFICATION,​ ​LIMITATION​ ​OF​ ​LIABILITY,​ ​AND​ ​RELEASE​ ​OF​ ​CLAIMS

INDEMNIFICATION

​​​You ​​agree​​ at ​​all​​ times​​ to​​ indemnify​​ and ​​hold​​ harmless​​ Our​​ Company, ​​as well​ ​as​ ​any​ ​of​ ​Our​ ​affiliates,​ ​agents,​ ​contractors,​ ​officers,​ ​directors,​ ​shareholders, employees,​ ​joint​ ​venture​ ​partners,​ ​successors,​ ​transferees,​ ​assignees,​ ​and​ ​licensees,​ ​as applicable,​ ​from​ ​and​ ​against​ ​any​ ​and​ ​all​ ​claims,​ ​causes​ ​of​ ​action,​ ​damages,​ ​liabilities, costs​, ​and​ ​expenses,​ ​including​ ​legal​ ​fees​ ​and​ ​expenses,​ ​arising​ ​out​ ​of​ ​or​ ​related​ ​to​ ​Our Offering(s)​ .

LIMITATION​ ​OF​ ​LIABILITY

​​​We​ ​will​ ​not​ ​be​ ​held​ ​responsible​ ​or​ ​liable​ ​in​ ​any​ ​way​ ​for​ ​the information,​ ​products,​ ​or​ ​materials​ ​that​ ​You​ ​request​ ​or​ ​receive​ ​through​ ​or​ ​in​ ​relation​ ​to​ ​Our Offering(s).​ ​We​ ​do​ ​not​ ​assume​ ​liability​ ​for​ ​any​ ​third​ ​party​ ​conduct,​ ​accidents,​ ​delays,​ ​harm, or​ ​other​ ​detrimental​ ​or​ ​negative​ ​outcomes​ ​as​ ​a​ ​result​ ​of​ ​Your​ ​access​ ​of​ ​Our​ ​Offering(s) and​ ​related​ ​material(s).

AFFILIATES

This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of Your purchase through one of these links. We will use reasonable efforts to notify You when and where We have placed affiliate links in addition to this disclaimer located in these Terms and Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.

TERMINATION

If at any time We feel You have violated these Terms and Conditions, then We shall immediately terminate Your use of Our website and any related communications as We deem appropriate. It is within Our sole discretion to allow any user’s access of Our website, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).

DISPUTE​ ​RESOLUTION

​If You and Our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then You explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action.

NON-DISPARAGEMENT

​If You are found to be slandering, libeling, or otherwise disparaging Our Company, Offering(s), or related materials at Our discretion, You will be immediately removed from the Offering(s) and any related communications. We reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm Our Company.

ENTIRE AGREEMENT

Before You register with Our website or make any purchases therefrom, You will be asked to consent to Our Privacy Policy. If You have consented, or once You do consent, the terms of the Privacy Policy together with these Terms and Conditions and Our Refund Policy, the information contained herein constitutes the entire agreement between site users and Our company relating to the use of this website.

LAW AND JURISDICTION

These Terms and Conditions of Use, Our Refund Policy and Privacy Policy are governed by and construed in accordance with Australian law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of New South Wales, Australia.

CONSENT

By using Our website, You hereby consent to Our Terms and Conditions of Use, and Privacy Policy.

If You require any more information or have any questions about Our Terms and Conditions of Use, Refund Policy, or Our Privacy Policy, please feel free to contact Us by email at hello@thebrandmethod.com.

ALL​ ​RIGHTS​ ​RESERVED​

All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any express written here, are reserved by Company.

SEVERABILITY

If any part of these Terms and Conditions of Use, Refund Policy and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

CONTACT INFORMATION

Email: hello@thebrandmethod.com

Mailing Address: PO Box 1069, Coffs Harbour, NSW, 2450