The Design Order Online Store Terms and Conditions of Use

1. About the Online Store

  • Welcome to The Design Order e-commerce store accessible via thedesignorder.com.au (the ‘Online Store’). The Online Store provides you with an opportunity to browse and purchase a variety of digital design templates (the ‘Templates’) and Eproducts that have been listed for sale through the Website (the ‘Eproducts’). The Online Store provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
  • The Online Store is operated by McInnes-Scott Pty Ltd (acn: 834 653 450) atf McInnes-Scott Trust t/a The Design Order (‘The Design Order’). Please read these terms and conditions (the 'Terms') carefully in conjunction with The Design Order Website Terms and Conditions.
  • By using, browsing and/or reading the Online Store this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
  • The Design Order reserves the right to review and change any of the Terms by updating this page at its sole discretion. When The Design Order updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.

2. Acceptance of the Terms

  • You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by The Design Order in the user interface.

3. Registration to use the Purchase Services

  • In order to access the Purchase Services, you may be required to register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to):
    1. E-mail Address
    2. Password
  • You warrant that any information you give to The Design Order in the course of completing the registration process will always be accurate, correct and up to date.
  • Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms.
  • You may not use the Purchase Services and may not accept the Terms if:
    1. you are not of legal age to form a binding contract with The Design Order; or
    2. you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

4. Your obligations as a Member

  • As a Member, you agree to comply with the following:
  • You will use the Purchase Services only for purposes that are permitted by:
    1. the Terms;
    2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
    3. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
    4. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify The Design Order of any unauthorised use of your password or email address or any breach of security of which you have become aware;
    5. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of The Design Order providing the Purchase Services;
    6. you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
    7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by The Design Order for any illegal or unauthorised use of the Website; and
    8. you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

5. Templates

  • The Design Order offers a variety of Templates for sale through the Online Store which can be customized and edited using Canva, Microsoft Word or Adobe InDesign (‘Editing Programs’).
  • The Templates do not include stock images. You are required to source these independently and abide by clause 10.
  • To use the script fonts within the templates offered by The Design Order you will require a paid account with Canva which gives you access to upload specialty fonts that are not available with free accounts. This will be detailed in the template information page.
  • You agree that it is your sole responsibility to ensure that you have the correct type of account with the relevant Editing Program and the skills and ability to customize the Template you have purchased.
  • You understand that The Design Order has no affiliation or relationship with the relevant Editing Program.

6. Purchase of Eproducts

  • In using the Purchase Services to purchase an Eproduct through the Website, you will agree to the payment of the purchase price listed on the Website for the Eproduct (the 'Purchase Price').
  • Payment of the Purchase Price may be made through Paypal, Google Pay, Apple Pay or Stripe (the 'Payment Gateway Providers').
  • In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
  • Following payment of the Purchase Price being confirmed by The Design Order, you will be issued with a receipt to confirm that the payment has been received and The Design Order may record your purchase details for future use.
  • If you choose to create a Membership account, a history of your previous purchases will be available within your Member account.
  • Your purchase includes lifetime access to any updates to the Template.

7. Refunds

  • Due to the nature of digital products, all sales are final and no refunds can be given.
  • The Design Order wants you to be satisfied with your purchase. Please contact hello@thedesignorder.com.au should you wish to discuss any problems with the Eproduct you have received.

8. Delivery

  • Eproducts including Templates are delivered are delivered as links to download sent via email following purchase.  Should you not receive the email within 30 minutes of purchase please first check your spam folder and then contact hello@thedesignorder.com.au.
  • The Design Order will endeavour to respond to you as a priority and will not be liable for any issues concerning your e-mail account and inability to receive the Eproduct.

9. Warranty

  • The Design Order’ Eproducts come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Eproduct and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Eproducts repaired or replaced if the Eproducts fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').

10. Template Photographs and Images

  • All example images of Templates displayed on the Website contain intellectual property provided by third-parties sourced from Unsplash (unsplash.com) for demonstration purposes only. When purchasing a Template, you understand that:
  • photographs and images are suggestions and ideas only and usage and licence rights are not included in the Template purchase;
  • The Design Order does not own the intellectual property rights in any images used for suggestions and ideas and is not selling them to You or granting you a licence for their use;
  • You are required to source photographs and images and obtain permission from any third-parties if you wish to include photographs and images in your use of the Template.

11. Template Licence Information

When you purchase a Template through the Website, The Design Order grants you a non-exclusive, non-transferable, revocable worldwide licence to use the intellectual property in Template for the uses below corresponding to the licence type You have purchased (‘Licence’).

  • Commercial Licence
    1. Each commercial licence purchase grants one licence to you, the purchaser, only.
    2. Commercial use means where the end-product you create using the Template is used to promote a business (including Australian sole trader, partnership structures and international equivalents) or where the end-product is exchanged for monetary gain for the licensee.
    3. Your end-product must differ from the original Template, and be the result of time, effort and skill. It cannot derive its value from the licenced Template.
    4. When you purchase a Commercial Licence, you are able to use the licenced Template to create an end-product for the following Permitted Uses up to the designated copy or broadcast amount.
      • physical prints and promotional materials including posters, invitations, advertising and promotional projects, product packaging, catalogues, brochures, business cards, mugs and other objects, promotional greeting cards and promotional postcards (up to 2000 prints);
      • digital promotional materials including invitations, posters, advertising and promotional projects, catalogues, commercials and presentations, videos (up to 2000 copies);
      • digital advertising including Google Ads, Facebook Ads and other such applications (unlimited impressions);
      • online or electronic publications, including web pages, blogs (unlimited views of each end-product);
      • physical and digital books and book covers, Ebooks, magazines, newspapers, editorials, newsletters and video broadcast and theatrical presentations (up to 2000 copies);
      • social media posts or to create a profile image in one social media account owned by the licensee (unlimited impressions);
    5. The total number of end-products sold, used, installed or incorporated that include the licenced Template must not total more than 2000.
    6. For any broadcast or streaming end-product, the total number of lifetime viewers must not be greater than 500,000.
    7. If you require an unlimited licence, please contact The Design Order to discuss your options.
  • Personal Licence
    When you purchase a Personal Licence, you are able to use the licenced Template to create one end-product for the following non-commercial Permitted Uses:
    1. school or university projects;
    2. personal use such as personal greeting cards or family record books;
    3. decorative background on a personal computer or background device;
    4. personal social media post or to create a profile image on a personal account.

Neither the Commercial or Personal Licences permit You to do the following:

  • reproduce or use any of the Templates for commercial purposes outside of the Permitted Uses, including reselling the Templates;
  • redistribute the Template in a tool or template, or with source files;
  • share or sublicense the Template;
  • use the Template in an application where users are invited to build or design their own products using the Template as a template for a final product.
  • You will be given lifetime access to any updates of the Template which can be used with the same licence you have purchased.
  • Attribution is not required, but would be greatly appreciated.

12. Copyright and Intellectual Property

  • You agree that the Online Store, Website, the Purchase Services and all of the related Eproducts of The Design Order are subject to copyright. The Online Store, Website and Purchase Services are protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by The Design Order or its contributors.
  • The Design Order retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
    1. the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of The Design Order; or
    2. the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
    3. a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
  • You may not, without the prior written permission of The Design Order and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain or Eproducts that you have purchased a licence for.

13. Privacy

  • The Design Order takes your privacy seriously and any information provided through your use of the Online Shop and/or the Purchase Services are subject to The Design Order’ Privacy Policy.

14. Disclaimer

  • You acknowledge that The Design Order does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Eproducts other than provided for pursuant to these Terms.
  • The Design Order will make every effort to ensure a Eproduct is accurately depicted on the Website, however, you acknowledge that sizes and colours may differ from what is displayed on the Website.
  • Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
  • Subject to this clause, and to the extent permitted by law:
  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
  • The Design Order will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
  • Use of the Eproducts of The Design Order is at your own risk. Everything on the Website, the Purchase Services, and the Eproducts of The Design Order, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of The Design Order make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of The Design Order) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  • the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
    1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
    2. the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
    3. costs incurred as a result of you using the Website, the Purchase Services or any of the Eproducts;
    4. the Content or operation in respect to links which are provided for the User's convenience;
    5. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
    6. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

15. Limitation of Liability

  • The Design Order' total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of The Design Order is the resupply of information or Purchase Services to you.
  • You expressly understand and agree that The Design Order, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
  • The Design Order is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of The Design Order, by third parties or by any of the Purchase Services offered by The Design Order.

16. Indemnity

  • You agree to indemnify The Design Order, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
    1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any interaction you have with the Website and Online Shop;
    2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
    3. any breach of the Terms.

17. Termination of Contract

  • The Terms will continue to apply until terminated by either you or by The Design Order as set out below.
  • If you want to terminate the Terms, you may do so by closing your accounts for all of the services which you use, where The Design Order has made this option available to you.
  • The Design Order may at any time, terminate the Terms with you if:
    1. you have breached any provision of the Terms or intend to breach any provision;
    2. The Design Order is required to do so by law;
    3. the provision of the Services to you by The Design Order is, in the opinion of The Design Order, no longer commercially viable.
    4. Subject to local applicable laws, The Design Order reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts The Design Order's name or reputation or violates the rights of those of another party.
    5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and The Design Order have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

18. Dispute Resolution

  • Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
  • Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
  • Resolution:
    On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
    1. Within 7 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
    2. If for any reason whatsoever, 7 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the New South Wales Law Society or his or her nominee;
    3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
    4. The mediation will be held at a location to be agreed between the parties.
  • Confidential
    All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

19. Venue and Jurisdiction

  • In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

20. Governing Law

  • The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

21. Independent Legal Advice

  • Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

22. Severance

  • If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

 

 

We know our templates are awesome but dont just take it from us.

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I have loved working with The Design Orders' amazing templates. They have been perfect for my photography business to create price lists and documents. Not only have they saved me so much time, but they also look so beautiful and maintain such an amazing consistency for my documents. Thanks so much Zoe.

TASHA WAKEFIELD
Spindrift Collections

Instead of wasting hours of time with ubiquitous Canva templates that everyone uses, mucking around trying to make things the right size and placed in the right spot, it was a dream to simply have it all done for me. I am opening a new business and have 1000 things to do and it was so great not having to worry about design templates, or having to engage a graphic designer. Having engaged designers before for each separate item, business cards, then, With Compliments, then Thank You cards, the list goes on, this site has saved me thousands of dollars - yet I still get the same quality as a studio designer! Seriously it’s a no-brainer.

BRON HARRISON
Brooklyn Tasting Room

Brains + Beauty is exactly what you get with TDO templates. Not only do they look beautiful, they also give your content creation seriously strategic clout. Designed with more than just good looks in mind, these templates are a must-have for businesses that want to be taken seriously, but look good in the process. Triple Threat! Thanks Zo!

TRACEY GOBEY
Thrive Real Estate

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And of course - yup, we’re on instagram.

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