TERMS OF USE

LAST UPDATED NOVEMBER 2020

This is the fine print that allows us all to do what we love and love what we do.

By visiting WhiteSpaceDesignStudio.com and WhiteSpaceDesignStudio.com.au
you are consenting to our TERMS OF USE.

OVERVIEW
The terms “we”, “us”, “our” refers to WhiteSpace Designs Studio. The term the “Site” refers to WhiteSpacedesignStudio.com and WhiteSpaceDesignstudio.com.au. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site. The term “Digital Product” and “Product” refers to digital planner kits, digital graphics and digital design tools.

We provide a website where users can read articles on productivity, planning, design, small business and lifestyle management, and a service where users may purchase online classes, workshops, subscriptions and products related to productivity, planning, design, small business and lifestyle management (the “Service”).

Use of our Site, including all materials presented herein and all online services is subject to the following Terms of Use. These Terms of Use apply to all site visitors, customers, and all other users of the Site. By using the Site or Service and/or ordering a product from the Site, you agree to these Terms of Use, without modification, and acknowledge reading them.

USE OF THE SITE + SERVICE
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. If you are under 18 and reading this, I am impressed, but that said, come back when you’re 18.

Information provided on the Site and in the Service related to productivity, planning, design, small business and lifestyle management and other information are subject to change. WhiteSpace Design Studio makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. WhiteSpace Design Studio disclaims all liability for any inaccuracy, error or incompleteness in the content.

ACCOUNT CREATION
In order to use the Service, you are required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you give to WhiteSpace Design Studio will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. WhiteSpace Design Studio reserves the right to refuse service based on your provision of inaccurate account information.

LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.

You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. The old saying hold true, if you don’t have anything nice to say, this is the place for you.

REFUSAL OF SERVICE
WhiteSpace Design Studio reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. WhiteSpace Design Studio reserves the right to limit the number of participants in any given online class or workshop. WhiteSpace Design Studio may at any time change or discontinue any aspect or feature of the Site or Service.

ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product or service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible. Please let us know!

If you’ve signed up for a month-to-month subscription with us, the subscription renews automatically and your credit card, PayPal or Stripe account will be charged the fees stated at the time of purchase (or the introductory rate during introductory period). Price may change at the end of your subscription period. Your subscription will start as soon as your payment is successfully charged.

If you have signed up for an online course, class or workshop, confirmation that we have received your order and payment does not constitute acceptance into the class or workshop. We will email you separately to confirm that you have been accepted into the course, class or workshop.

CANCELLATIONS, REFUNDS & RETURNS
All sales of digital products downloadable upon confirmation of purchase are final, unless otherwise stated in a guarantee. If you’d like to cancel a monthly subscription you have with us, you can do so any time, and you will not be charged effective the following month. We will keep all current payments for the month.

PRODUCT DESCRIPTION
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions, because we are human after all. We reserve the right to refuse or cancel any order with an incorrect price listing.

DIGITAL PRODUCTS
Even though my Digital Products are digital downloads, I do offer a refund on digital products purchased. It is subject to fair use, with one (1) week to request a refund. If you are not happy with your purchase, let us know.

If you are pleased with your purchase and simply have a question or a problem with my products, please let us know. I will be delighted to work with you to resolve any issues that you are experiencing. Should you require any assistance to enjoy using your purchase, please contact us.

My goal is always to create a happy, inspired customer.

LICENSE AGREEMENT
All content, products and material, is Copyright © Jacqui Smith at ‘WhiteSpace Design Studio” 2007-2018 and is protected by international intellectual property laws. Ownership and Copyright are retained by Jacqui Smith at ‘WhiteSpace Design Studio are non-transferable and all rights are reserved.

USE OF DIGITAL PRODUCTS
In purchasing and downloading digital products you agree and comply to this Terms of Use License Agreement, so we can keep on creating together. If you have any questions or concerns please contact create@whitespacedesignstudio.com for clarification. Please do not assume you are good to go with whatever you think.

In creating these products I help support my family + help other creative business owners provide for their families.

1. PERSONAL USE
With the Personal Use licence for each product item purchased from “WhiteSpace Design Studio” you are:

ALLOWED :

• Use for yourself, personal use
• As part of a new work and not for resale
• Digital Planner Kits are for personal use ONLY (please purchase Planner Templates for Commercial Use within the requirements as listed below, for creating your own planner products for resale)

Installable products such as fonts and tools, such as actions, may be installed on one computer.

NOT ALLOWED :

• Claim any product or material or its diratives as your own work
• Use in end product for sale
• Redistributed, reproduced, sublicensed, shared, transferred, or repackaged in whole or in part, for any reason, even for free
• Use my designs for any offensive purposes
• Use Digital Planner Kits and create physical or digital goods to resell (please purchase Planner Templates for Commercial Use within the requirements as listed below, for creating your own planner products for resale)

2. COMMERCIAL USE : STANDARD LICENCE
For the SMALL BUSINESS | HOME BASED CRAFTER to use WhiteSpace Design Studio products with no credit required, although it’s nice.

COMMERCIAL USE Standard Licence : To use ONE (1) single product for 1 PROJECT, UP TO 500 SALES (end products for sale or marketing), you will need to buy a Commercial Use Standard License. This also includes end products intended for sale by you or your client.

# For example : if you want to use ONE (1) single product with up to 500 sales for commercial purposes then ONE (1) standard licence needs to be purchased. To use TWO (2) products then TWO (2) licences are to be purchased and so on.

ALLOWED :

• Use as stated in the Standard License above
• All other product items may be used in a single commercial project, as part of a new work, but not for resale
• Use in contracted work, on behalf of a client, as part of a new work, not used alone or contribute to being the main portion of the work
• Create physical and digital materials (files must be flattened) for marketing
• PLANNER TEMPLATES WITH LICENCE can be used for commercial + extended license work

NOT ALLOWED :

• Use as stated in the Personal Use License above
• Use in more than ONE (1) project per licence

# PLEASE NOTE : To use 1 product on multiple projects, please contact us at create@whitespacedesignstudio.com

3. COMMERCIAL USE : EXTENDED LICENSE
For the SMALL BUSINESS | HOME BASED CRAFTER to use WhiteSpace Design Studio products with no credit required, although it’s nice

COMMERCIAL USE Extended Licence : To use ONE (1) product for 1 PROJECT, UP TO 125,000 SALES (end products for sale or marketing), you will need to buy a Commercial Use Extended License. This also includes end products intended for sale by you or your client. # For example : if you want to use ONE (1) product with 125,000 sales for commercial purposes then ONE (1) extended licence needs to be purchased. To use TWO (2) products then TWO (2) extended licences are to be purchased and so on.

Commercial purposes include activities such as design for hire, design for others, commercial work, contracted work, client work, cardmaking as well as product, web + graphic design.

ALLOWED :

• Use as stated in the Standard License above
• All other product items may be used in a single commercial project, as part of a new work, but not for resale
• Use in contracted work, on behalf of a client, as part of a new work, not used alone or contribute to being the main portion of the work
• Create physical and digital materials (files must be flattened) for marketing
• PLANNER TEMPLATES WITH LICENCE can be used for commercial use for commercial + extended license work

NOT ALLOWED :

• Use as stated in the Personal Use License above
• Use in more than ONE (1) project per licence

# PLEASE NOTE :  To use 1 product on multiple projects, please contact us at create@whitespacedesignstudio.com.

PERSONAL USE has no potential monetary gain or are related to any business, non-profit or other organisation of any kind. Can be used in an unlimited number of personal use projects, including gifts for family members, greetings cards for friend’s or to decorate your own home.

COMMERCIAL PURPOSES include activities such as design for hire, design for others, commercial work, contracted work, client work, cardmaking as well as product, web + graphic design.

END PRODUCT FOR SALE can be a physical or digital item that you or your client intend to sell to more than a single person. It is limited to 500 units sold under the Commercial Use Standard Licence + unlimited units sold under the Commercial Use Extended Licence.

You can shop licences here.

CREDIT
You don’t need to credit us when you have used a product with a licence, but you’re welcome to.

TRADEMARK
You may not register as a trade mark the product or the end product incorporating the Product, not even logos.

MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify WhiteSpace Design Studio from any claim against WhiteSpace Design Studio resulting from your posting of Materials to the site. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.

WhiteSpace Design Studio reserves the right to remove from the site any Materials submitted by you that it deems inappropriate for the site or that appears to violate these terms and conditions.

EARNINGS DISCLAIMER
When addressing financial matters in any of our websites, videos, newsletters, programs or other content, we’ve taken every effort to ensure that we accurately represent our programs and their ability to improve your life and business. However, the Company does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing on our Sites is a promise or guarantee to you of future outcomes.

YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE WHITESPACE DESIGN STUDIO’S PRODUCT IS SOLELY AT YOUR RISK. By purchasing any product produced by WhiteSpace Design Studio, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, business skills, network and financial situation etc. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
WhiteSpace Design Studio does not claim ownership of Material you supply to WhiteSpace Design Studio. However, the act of posting Material to the site conveys an irrevocable, worldwide license to WhiteSpace Design Studio to use and distribute the posted Material in connection with WhiteSpace Design Studio’s website and any related WhiteSpace Design Studio publications. You retain copyright ownership and any other rights you may rightfully hold in any content that you submit through the Service. By submitting Material to WhiteSpace Design Studio, you agree to hold WhiteSpace Design Studio harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.

OUR INTELLECTUAL PROPERTY
All content provided on the Site and in the Service, including all products and all course, class, bootcamp and workshop materials are the intellectual property of WhiteSpace Design Studio. The content of the Site and Service are protected by Australian trademark, trade dress and copyright law. 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 any of the content of the Site or the Service, in whole or in part without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service.

We reserve the right to immediately remove you from the Service, without refund, at to pursue all available legal remedies against you if you are caught violating this intellectual property policy. In other words, don’t steal.

CHANGED TERMS
We may at any time amend these Terms of Use. Such amendments are effective immediately upon notice to you by us posting the new Terms of Use on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms of Use at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms of Use.

LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, WhiteSpace Design Studio is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.

The foregoing applies even if WhiteSpace Design Studio has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall WhiteSpace Design Studio’s cumulative liability to you exceed the total purchase price of the Service you have purchased from WhiteSpace Design Studio, and if no purchase has been made by you WhiteSpace Design Studio’s cumulative liability to you shall not exceed $1.

THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with WhiteSpace Design Studio. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Use, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

WAIVER
No waiver of any of the provisions of this Agreement by WhiteSpace Design Studio shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by WhiteSpace Design Studio.

NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
WhiteSpace Design Studio
PO Box 555
Springwood Qld 4127
Australia

GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Queensland as applied to contracts that are executed and performed entirely in Queensland. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be in Brisbane, Queensland. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.

RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT
These Terms of Use bind and inure to the benefit of the parties’ successors and assigns. These Terms of Use are not assignable, delegable, sublicenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.

QUESTIONS
If you do not understand or agree with any of these conditions, please do not order this material. If you require further clarification, please contact create@whitespacedesignstudio.com.

BUSINESS NAME
WhiteSpace Design Studio

CONTACT EMAIL
create@whitespacedesignstudio.com