Hello and welcome to The Gritty Dose! We’re so happy to have you as a customer. These are our Terms of Service (“Terms”) which apply to all customers of The Gritty Dose [ABN 58535813174] (“we, us, our”). By using our Website and Services, you’re agreeing to these Terms together with any other terms and conditions and policies we publish or link to (together an “Agreement”). “You” could be any client or customer of ours. If you do not agree, unfortunately you cannot purchase any of our Digital Products online.
Things you need to do before purchasing Digital Products on our Website
Before you buy anything from our Website, there are a few things you should know:
How it works
We offer digital packages, and an online subscription where members can access stock images and videos through their subscription. All images and videos on the platform are our own original images and videos, covering content such as lifestyle, business, fashion, beauty, food, and travel.
Monthly Subscription Services
Where you purchase our online subscription, the subscription fee is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or for months unused with an open account.Your subscription will automatically renew each month, and you will be automatically billed until you cancel your subscription. You must cancel your subscription before it renews to avoid billing of the next month’s subscription fees to your payment method.
You may cancel your chosen subscription at any time. Upon cancellation, you will continue to have access to the subscription services until the end of your current billing period.
We reserve the right to change our subscription fees at any time. We will provide you with at least 30 days’ notice before charging you with any increased subscription fee.
Acknowledgements you make when purchasing on our Website
Whilst we aim to do our best, please be aware that there may be:
Except as required by law, we cannot guarantee the accuracy of the information,or the availability of the Digital Products.
Acknowledgements you make in relation to Content and Intellectual Property
When you engage us to prepare a Digital Product you may provide us with various Content. When you provide us with Content you agree that you own all copyright pursuant to the Copyright Act 1968 in the Content, or you have the necessary third-party licenses to copyright.
You warrant that:
When providing Content, grant us:
When you submit Content to us you waive any right to any payment, royalties or other compensation arising or related to the use of the Content now or in the future; and any moral rights as defined in the Copyright Act 1968.
Where any Content you provide contains personal information as defined under the Privacy Act 1988, the personal information must already lawfully be in the public domain, and/ or you have express consent to use that personal information from the relevant person. For more information on how we deal with any personal information in particular, please see our Privacy Policy here.
Intellectual Property Rights
All the Intellectual Property Rights in the Digital Products are otherwise owned by or licensed by us. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence to use the Digital Products for the use of one business/ your sole personal use only. You may adapt the Digital Product to your own branding. Where we have customised a Digital Product for you, we will seek your prior written consent before prior use, such as where we wish to use it for socials. Please contact us immediately at hello@thegrittydose.comif you have any concerns in relation to copyright, or personal information.
Things you need to know after purchasing on our website
After purchasing something from our Website, there are a few more things you should know:
Things we’d love you to do after purchasing on our Website
We love hearing from our customers and seeing their experiences with our Digital Products. If you have any photos, videos, testimonials, and/or case studies we’d be thrilled if you would share them with us. We might even use them for marketing and information purposes, publications, exhibitions, and professional awards across print or digital mediums, including our social media channels.
However, please note that by providing us with photos, videos, testimonials, and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide Content but subsequently want to revoke permission to use it, it is your responsibility to notify usimmediately at hello@thegrittydose.com.
We comply with the Australian Consumer Law
Our Digital Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any reasonably foreseeable loss or damage. You are also entitled to have the Digital Products repaired or replaced if the Digital Products fail to be of acceptable quality and the failure does not amount to a major failure.
Except as required by law we do not warrant the quality of the Digital Products or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where a problem with the Digital Products is due to your misuse, failure to comply withour instructions, or where you fail to provide us with adequate information.
If we need to cancel your order, we will provide a refund
We have the right to refuse, limit or cancel any order for our Digital Products, including, but not limited to, where any order appears to be by resellers or distributors without permission.
We can refuse to serve you and sell Digital Products at any time
We may stop providing our Website and Services at any time. We may also stop you using our Website and Services and stop you purchasing any of our Digital Products if you breach this Agreement.
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our Website and Services or any Digital Products purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Digital Products, your reliance on any of our information, any links to third party websites, any interruptions, any changes, suspension or termination of our Website and Services, or your use or misuse of any Digital Product.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our optionto: –
In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Digital Product you have paid for.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including but not limited to any breach of Intellectual Property Rights or any provision of Content. You indemnify us against any and all Loss or Damage which we may suffer as a result of any Claims arising out of or in connection with a breach of this Agreement, or the Content or its publication.
Where there is a Force Majeure Event, we will not be considered in breach of this Agreement to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in relation to any Force Majeure Event.
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
This Agreement is to be construed in accordance with the laws of SA, Australia, and you and we submit to the jurisdiction of the courts of SA, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals, and communications whether oral or written, between you and us. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement.
“Australian Consumer Law”means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
“Agreement”means these Additional Terms and all other terms and conditions and policies published or linked to on our website.
“Claim” means any claim, under statute, tort, contract or negligence, any demand, award, or costs.
“Content”means any product or service image, video, or other content or information you provide to us.
“Digital Products”means any product available through our Website and includes any digital products such as stock images and videos and could be those such as lifestyle, business, fashion, beauty, food, travel.
“Intellectual Property Rights” means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
“Loss or Damage” means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.
“We”,“us”, or “our” means Jessabeau Baldino & Nicole Baldino t/asThe Gritty Dose [ABN 58535813174] and includes any of our directors, officers, employees, agents, partners, and contractors.
“Website and Services” means http://www.thegrittydose.com, and everything available on this website including, but not limited to, all Products and any services.
“Work”means all research and development work we undertake for you to create the bespoke digital products.