Terms and Conditions

Last updated: 20 January 2024

Please read these Terms and Conditions ("Terms") carefully before using Our Service.

Interpretation and Definitions

Interpretation

Words with initial capital letters have the meanings defined below. These definitions apply whether the words appear in singular or in plural.

Definitions

"Company" ("We," "Us," or "Our"): Refers to Designed by Bel ABN 53 301 653 464.
"Country": Refers to New South Wales, Australia.
"Device": Any device capable of accessing the Service, such as a computer, smartphone, or tablet.
"Promotions": Time-limited offers made by the Company to promote products and/or services.
"Service": The Company’s website (the "Website"), accessible via www.designedbybel.com.au, and related services offered through it.
"Terms and Conditions" or "Terms": These terms and conditions that form the entire agreement between You and the Company regarding use of the Service.
"Third-Party Social Media Service": Any services or content provided by a third party and displayed or made available through the Service.
"You" or "Client": The individual accessing or using the Service, or the company or legal entity on whose behalf such individual is acting.

Acknowledgment

These Terms govern Your use of the Service and form a legally binding agreement between You and the Company. By accessing or using the Service, You agree to be bound by these Terms. If You disagree with any part of the Terms, You must not access or use the Service.

You represent that You are over 18 years of age. The Company does not permit individuals under 18 to use the Service.

Your access and use of the Service is also conditioned on Your acceptance and compliance with Our Privacy Policy. Please review Our Privacy Policy before using the Service.

Scope of Services

Graphic Design and Book Formatting: We provide graphic design services, including formatting and design of family legacy volumes, family history books, photo books, recipe books, novels, non-fiction works, illustrated books, technical documents, annual reports, and other documents.
Physical and Digital Products: We offer both physical printed products (e.g., family legacy volumes, family history books, photo books) and digital versions of such works. We may engage third-party printers or other contractors to complete final production.
Subscription-Based Digital Storage and Cataloguing: We provide Clients with access to subscription-based digital storage and cataloguing services for their digital files through third-party providers (such as Google Drive or similar platforms). Your use of any third-party service is subject to that provider’s terms and conditions, and We are not responsible for their performance, availability, or security measures.
Contractors and Third-Party Services: We may engage contractors, including but not limited to genealogists, writers, printers, researchers, and additional designers, to fulfill Our obligations to You. While We will use reasonable care in selecting such contractors, We are not liable for their acts, omissions, errors, or negligence, except as required by law.
Client-Provided Content: Clients may upload or submit text, images, and other materials ("Content") for use in the design and production of their projects. Unless You separately engage proofreading or content editing services, We will not proofread, fact-check, or verify the accuracy, legality, or authenticity of Client-provided Content.
Biographical and Genealogical Content: If We create or assist in creating biographical or genealogical content (including family histories or individual biographies) based on information provided by You or third parties, We do not warrant the completeness, accuracy, or legal correctness of such content. You acknowledge that historical, genealogical, and biographical information can be subjective, incomplete, or may rely on external sources outside Our control.
Proofing and Final Approval: Prior to printing any physical product, We will provide proofs (digital or otherwise) for Your review. You bear full responsibility to review, verify, and approve all Content, including images, text, names, and dates, before final production. Once approved, You assume responsibility for any errors or omissions not brought to Our attention prior to printing.

Promotions

We may from time to time offer Promotions to stimulate additional sales. We reserve the right to modify or discontinue any Promotion at any time without notice.

Billing and Payment

You shall provide accurate and complete billing information, including name, address, and contact details. Upon receiving Your order or request for services, We will issue an invoice. Full payment or a deposit (as indicated on the invoice) must be made before We commence significant work, printing, or release of digital products. Prices and fees will be detailed in the invoice. Payment of the invoice and/or Your continued use of Our Service indicates Your acceptance of these Terms.

Price Changes
We reserve the right to modify prices at any time. Changes to prices will be communicated to You before processing Your order or renewing any subscription-based service.

Refunds and Returns

Change of Mind: We are not required to provide a refund if You simply change Your mind.
Major Fault or Defect: If a physical product has a major problem (as defined by Australian Consumer Law), You may be entitled to a refund, replacement, or repair. We may request that You return the product for inspection.
Digital Products and Services: Once digital products are delivered (e.g., completed design files) or digital services performed (e.g., formatting or cataloguing), refunds are not typically provided unless required by law.
Client Content Errors: The Company is not responsible for errors in Client-provided Content once You have approved the final proof. No refund will be given if errors are discovered after final approval.

Intellectual Property

Company Intellectual Property: The Service and all original materials created by the Company (excluding Client-provided Content) are the exclusive property of the Company and/or its licensors. They are protected by intellectual property laws.
Client Content: By providing Content, You represent and warrant that You own or have the necessary rights and permissions to submit the Content and that such Content does not infringe any third-party rights or violate any law.
License to Use Client Content: You grant the Company a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, and display Your Content solely for the purpose of providing the agreed-upon Services and producing the final deliverables.
Authorship and Attribution: Any authorship services (writing biographies, genealogical summaries, captions, etc.) provided by the Company are based on information from You or third parties. The Company does not guarantee the historical or factual accuracy of such authored content. You release the Company from any liability arising out of inaccuracies or misrepresentations in authored content.

Third-Party Links and Services
Our Service may include links to third-party websites or services not controlled by the Company. We are not responsible for the content, policies, or practices of such third parties. Your use of third-party services, including digital storage providers, is at Your own risk and subject to their terms of use and privacy policies.

Termination
We may terminate or suspend Your access to the Service or cancel any order at Our discretion if You breach these Terms or applicable laws. Upon termination, We will, where applicable, return any physical materials You provided and permanently delete digital copies from Our systems, except where We are legally required to maintain records.

Limitation of Liability
To the extent permitted by law, the Company’s liability to You for any claims arising out of or relating to these Terms or Your use of the Service is limited to the amount You paid to the Company for the specific service or product from which the claim arose, or AUD $100 if no purchase was made.

In no event will the Company be liable for indirect, consequential, special, incidental, or punitive damages, including loss of profits or data, arising out of or related to Your use or inability to use the Service, or reliance on any authored, designed, or formatted content, even if advised of the possibility of such damages.

"AS IS" and "AS AVAILABLE" Disclaimer
All Services are provided on an "AS IS" and "AS AVAILABLE" basis. We do not warrant that the Service will meet Your requirements or be uninterrupted, secure, error-free, or accurate. We disclaim all warranties to the fullest extent permitted by law.

Your Responsibilities
You are responsible for:

Reviewing all proofs and final designs before printing or publication.
Ensuring that all Content You provide is legally compliant and that You have all necessary rights to use it.
Verifying the accuracy and suitability of authored or genealogical content created at Your request.
Complying with any third-party terms and conditions for services integrated or recommended by the Company.

Governing Law
These Terms are governed by the laws of New South Wales, Australia, without regard to its conflict of laws principles. Any dispute arising out of or related to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in New South Wales, Australia.

Dispute Resolution
If You have a dispute or concern about Our Service, please contact Us first to attempt an informal resolution.

Severability
If any provision of these Terms is held to be unenforceable or invalid, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

Waiver
Failure by the Company to exercise any right or enforce any obligation under these Terms shall not constitute a waiver of future enforcement of that right or obligation.

Changes to These Terms
We reserve the right to modify these Terms at Our sole discretion. If We make material changes, We will provide reasonable notice. By continuing to use the Service after any changes become effective, You agree to be bound by the revised Terms. If You do not agree, You must stop using the Service.

Terms and Conditions

Interpretation and Definitions

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Interpretation

Acknowledgment

Scope of Services