TERMS & CONDITIONS

Effective Date: February 1st, 2025

Smyth Studio

Smyth Studio (ABN 26 767 167 013) trading as Smyth Studio (referred to as "Smyth Studio", "we", "us", and "our"). By accessing and using our Site, social media channels, products, services, and content, you agree to comply with and be bound by these Terms & Conditions ("Terms").

These Terms, along with our Privacy Policy, govern all visitors, subscribers, and customers ("you", "your") who use our Site. If you do not agree with these Terms, you should not use our Site or services.

1. Consent to Site Terms

By accessing or using our Site, purchasing our products or services, or engaging with us through social media, you agree to abide by these Terms. You may also accept these Terms by clicking "Accept" or "Agree" when prompted.

2. No Minors

By using this Site, purchasing products or services, or engaging with us, you warrant that you:

  • Are at least 18 years old and legally capable of entering a binding contract.

  • Have read and accepted these Terms.

  • Will comply with all applicable laws and regulations.

3. Changes to These Terms

We reserve the right to update these Terms at any time, consistent with legal requirements. Any changes will take effect from the date they are published on our Site. It is your responsibility to review these Terms periodically. Continued use of our Site and services indicates your acceptance of any amendments.

4. Intellectual Property

All content on our Site, including but not limited to designs, artwork, trade marks, text, graphics, videos, and software ("Content"), is owned by Smyth Studio or licensed to us. You do not have the right to reproduce, distribute, modify, or create derivative works from our Content without our express written consent.

5. Limited Licence

When you download or purchase our digital products (e.g., eBooks, templates, guides, or digital artwork), you are granted a non-exclusive, non-transferable, limited licence for personal use only. You may not share, resell, or distribute our digital products without our written permission.

6. Prohibited Use

You must not use our Site or services for any unlawful or prohibited purposes, including but not limited to:

  • Engaging in fraudulent activities.

  • Violating intellectual property rights.

  • Uploading malicious software or hacking.

  • Spamming or engaging in deceptive marketing practices.

7. Privacy Policy

Your use of our Site and services is also governed by our Privacy Policy, which details how we collect, store, and use your personal data. By using our Site, you consent to the terms of our Privacy Policy.

8. Purchasing and Payments

All prices listed on our Site are in Australian Dollars (AUD) and exclude GST unless stated otherwise. We reserve the right to change our prices and payment terms at any time.

We accept payments via credit card, PayPal, and other methods specified on our Site. By purchasing from us, you agree to:

  • Provide accurate billing details.

  • Authorise us to charge your payment method.

  • Pay all fees in full before receiving the products or services.

If your payment is declined or fails, we reserve the right to revoke access to our products or services.

9. Refunds and Cancellations

Digital Products

Due to the nature of digital products, all sales are final. Refunds will only be granted if the wrong product is delivered or there is a technical issue preventing access.

Services

  • If you cancel a scheduled service at least 14 days in advance, you may be eligible for a refund or rescheduling.

  • Deposits are non-refundable.

  • No refunds will be issued for change-of-mind cancellations.

  • If we cancel a service, we will offer a refund or reschedule at no extra cost.

10. Limitation of Liability

To the maximum extent permitted by Australian law, we will not be liable for any direct, indirect, incidental, or consequential damages resulting from:

  • Your use or inability to use our Site or services.

  • Errors or inaccuracies in content.

  • Unauthorised access to your personal or financial information.

  • Any disruption, bugs, or downtime affecting our Site.

11. Indemnification

You agree to indemnify and hold Smyth Studio harmless from any claims, losses, damages, liabilities, or expenses arising from:

  • Your misuse of our Site or services.

  • Your violation of these Terms.

  • Any third-party claims resulting from your conduct.

12. Electronic Communications & Signatures

By using our Site, you agree that electronic communications, including agreements, notices, and invoices, satisfy any legal requirement for written communication. Clicking "Accept" or "Agree" when prompted constitutes your legally binding electronic signature.

13. Governing Law

These Terms are governed by the laws of Queensland, Australia. Any disputes shall be resolved in the courts of Queensland, Australia. We encourage you to contact us first to seek an amicable resolution.

14. Contact Information

If you have any questions about these Terms, please contact us at:

  • Email: hello@smyth.studio

  • Phone: 0410 183 143

  • Address: 8 Duke Street, Gympie

By using our Site and services, you acknowledge that you have read, understood, and agreed to these Terms & Conditions.