Divine Blueprints

WEBSITE TERMS AND CONDITIONS

www.divineblueprints.com.au

Effective Date: 12/10/2020

These terms and conditions (hereinafter "Terms") govern Your use of the following

website (which is hereinafter referred to as "the Product"):

www.divineblueprints.com.au

The Product is owned and operated by: Divine Blueprints (ACN 54594308208)

                                              These Terms constitute a binding contract between You and: Divine Blueprints                                              (ACN  54594308208)

In connection with Your use of the Product, we may also provide You with access to

various other content, documentation, materials, information, goods or services. In

these Terms, we refer to all of these items collectively as "the Items".

These Terms will govern Your use of all pages of the Product, as well as Your use of

the Items.

If You continue to use the Product, You acknowledge that You have been given the

chance to review the Terms. You acknowledge that You understand the Terms and

that You agree to be bound by the Terms.

If You do not understand the Terms, if You do not agree to be bound by the Terms,

or if You need more time to review and consider the Terms, then You must stop

using the Product immediately.

1. DEFINITIONS

"Australian Consumer Law" means the Australian Consumer Law which is contained

in the Competition and Consumer Act 2010 (Commonwealth).

"Company IP" includes, but is not limited to, the contents, layout, design, colours,

appearance, graphics and imagery of the Product, Content and Materials as well as

all copyrights, trademarks, trade secrets, patents and other intellectual property

contained in the Product, Content and Materials.

"Content" means any content, writing, images, audiovisual content or other

information published on the Product.

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"Contract" means these terms and conditions.

"Dispute" means any dispute, controversy or claim arising out of or in relation to

these Terms, including any dispute, controversy or claim relating to the existence,

validity or termination of these Terms.

"Effective Date" means the date that these Terms come into force.

"Items" means any and all of the Product, Services, Content and Materials

collectively.

"Materials" means any materials, information or documentation that We may provide

to You in connection with Your use of the Services or Product including

documentation, data, information developed by Us or owned by Us, and other

materials which may assist in Your use of Services or Product.

"Parties" means both You (the user of the Product) and Us (the owner of the Product)

collectively.

"Product" means the website including all pages, all sub pages, all blogs, all forums,

all other connected pages and all other connected internet content whatsoever, the

home page or main page of which is located at: www.divineblueprints.com.au

"Services" means any or all services provided by or on the Product.

"Terms" means these terms and conditions.

"Third Party Links" means links or references to websites or applications other than

the Product, to content other than the Content or to materials other than the

Materials, none of which are controlled by Us.

"Us", "We", "Our", "the Company" or "the Owner" refers to Divine Blueprints

"Us", "We", "Our", "the Company" or "the Owner" also includes any employees,

affiliates, agents or other representatives of Divine Blueprints

"You" or "Your" refers to the user of the Product.

"Your Content" means any Content posted to or added to the Product, Content or

Materials by You or by somebody authorised by You or doing so on Your behalf.

2. INTERPRETATION

a. In these Terms, unless the context otherwise requires, the following rules of

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interpretation shall apply:

I. Words referring to one gender include every other gender.

II. Words referring to a singular number include the plural, and words

referring to a plural include the singular.

III. Words referring to a person or persons includes companies, firms,

corporations, organisations and vice versa.

IV. Any obligation on a Party not to do something includes an obligation not

to allow that thing to be done.

3. YOUR AGREEMENT AND REPRESENTATIONS

a. By continuing to use the Product and the Items You warrant and acknowledge

that You have had the chance to review and consider the Terms, that You

understand the Terms and that You agree to be bound by the Terms. If You do

not understand the Terms or do not agree to be bound by them then you must

stop using the Items immediately. We only agree to provide use of the Items to

You if You agree to these Terms.

b. By continuing to use the Product and the Items You represent and warrant to

Us that You have legal capacity to enter these Terms.

c. By continuing to use the Product and the Items You represent and warrant to

Us that You have complied with all of these Terms.

4. AGE RESTRICTION

a. In order to use the Items, You must be aged at least 18 years.

b. By using the Items, You represent and warrant that You are aged at least 18

years.

c. We accept no responsibility or liability for any misrepresentation of Your age.

5. LICENCE TO USE PRODUCT, CONTENT AND MATERIALS

a. We may provide You with certain other Items in connection with Your use of

the Product.

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b. Subject to these Terms, We grant You a licence to use the Product, Content

and Materials solely in connection with Your use of the Items. The licence

created under these Terms is non-exclusive, limited, non-transferable, worldwide

and revocable.

c. You may not use the Product, Content or Materials for any purpose other than

in accordance with the licence that is provided under this clause, and this licence

to use the Product, Content and Materials terminates upon Your cessation of use

of the Items or upon termination of this Contract.

6. SALE OF GOODS/SERVICES

a. We may sell Services or may allow third parties to sell Services on the

Product. If this occurs, then some specific exclusions of liability will apply, as

described in the "Exclusion of Liability" clause.

b. Please refer to Our additional terms and conditions for sale of services as

applicable.

7. EXCLUSION OF LIABILITY

a. The Product, Content and Materials are provided for general information only

and may change at any time without prior notice.

b. You accept and acknowledge that the Items may contain mistakes, errors and

inaccuracies.

c Your use of the Product, Content and Materials is entirely at Your risk. It is

Your responsibility to make sure that any Goods, Services, Materials, Content or

other information available through the Product suits Your particular purpose.

d. Neither We, nor any third parties, provide any guarantees or warranties

regarding the accuracy, completeness, performance, reliability, timeliness,

quality, merchantability, safety, legality or suitability for a particular purpose of

the Items.

e. To the maximum extent permitted by law, We hereby expressly exclude all

warranties, guarantees, representations or terms (whether express or implied)

except for those expressly set out in these Terms.

f. To the maximum extent permitted by law, We hereby expressly exclude any

liability in relation to the accuracy, completeness, performance, reliability,

timeliness, quality, merchantability, safety, legality or suitability for a particular

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purpose of the Items.

g. To the maximum extent permitted by law, We hereby expressly exclude any

liability in relation to loss of data, interruption to Your business or any damages

which are incidental to or arise from such loss of data or interruption to business.

h. To the maximum extent permitted by law, We will not be liable for any

damage, loss, cost or expense including legal costs and expenses, whether

direct or indirect, incurred by You in connection with Your use of the Items.

i. for Goods and/or Services sold by third parties via the Product or via Third

Party Links (hereinafter "Third Party Goods and Services"):

I. You acknowledge and agree that We have no control over those Third

Party Goods and Services and that You purchase such Third Party Goods

and Services at Your own risk.

II. You acknowledge and agree that We assume no liability and provide no

warranties or guarantees regarding the accuracy, completeness,

performance, reliability, timeliness, quality, merchantability, safety, legality or

suitability for a particular purpose of Third Party Goods and Services.

III. For any claim You may have against the third party provider of the Third

Party Goods and Services (such as the manufacturer or vendor) You agree

to pursue that claim directly with that third party provider of the Third Party

Goods and Services and not with Us.

IV. To the maximum extent permitted by law, You hereby release Us from

any claim related to Third Party Goods and Services including any and all

warranty and product liability claims.

8. NO PROFESSIONAL ADVICE

You might use the Product or other Items to consult with Us directly in order to

seek professional advice. Aside from any information provided to You directly

from Your professional adviser after a direct consultation between You and Your

professional adviser and after Your professional adviser has considered Your

particular circumstances:

a. The information provided through the Product, Content, Materials or

through the other Items is for information purposes only. It does not address

Your specific circumstances. It is not professional advice.

b. You acknowledge and agree that any information provided on the Product,

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Content, Materials or through the other Items is not professional advice.

c. You acknowledge and agree that Your use of the Product and Items is at

Your own risk. We do not assume responsibility or liability for any information

provided through the Product or other Items.

d. You acknowledge and agree that it is Your responsibility to evaluate all

information that is provided through the Product or other Items in

consultation with Your own professional adviser or advisers as appropriate.

e. You acknowledge and agree that Your use of the Product does not create

a fiduciary relationship between Us and You.

f. You acknowledge and agree that a fiduciary relationship may only be

created between You and Your professional adviser after You have a direct

consultation with Your professional adviser.

9. INDEMNITY

You hereby indemnify Us (which, for the sake of clarity, also includes any of Our

employees, affiliates, agents or other representatives) and You agree to defend

Us and to hold Us harmless in relation to any and all claims, suits, demands,

actions, liabilities, costs and expenses (including legal costs and expenses on a

full indemnity basis) which may arise from or relate to Your use or misuse of the

Items. You agree that We may select Our own legal representation and may

participate in Our own legal proceedings if We choose.

10. TERMINATION

a. We may immediately terminate these Terms at any time, with or without

cause.

b. We specifically reserve the right to terminate these Terms if You breach these

Terms in any way.

c. These Terms terminate automatically if we cease to operate the Product for

any reason.

d. If You have registered for an account with Us, You may terminate these Terms

at any time by contacting Us and requesting termination.

e. At the termination of these Terms, any provisions which would by their nature

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be expected to survive termination shall remain in full force and effect, including

but not limited to Our exclusions of liability as outlined in the "Exclusions of

Liability" clause.

11. OTHER ACTION

a. We reserve the right to take any of the following actions in Our sole discretion:

I. Monitor, review, edit or delete any Content which You have added,

uploaded or posted to the Product or through the other Items, whether or not

You have breached these Terms.

II. Record any correspondence that occurs in public sections of the Product.

III. Review any allegations about breaches of these Terms, and determine in

Our sole discretion whether to take any action in response to those alleged

breaches, including removal of any Content in relation to those alleged

breaches.

IV. Determine in Our sole discretion whether to terminate Your or another

Product user's access to any particular section or sections of the Product or

other Items.

12. ACCEPTABLE USE

a. You agree not to use the Product or the Items for any unlawful purpose or any

purpose prohibited under this clause. You agree not to use the Product or the

Items in any way that could damage the Product, the Items, or Our general

business.

b. You further agree not to use the Product or the Items:

I. to harass, abuse, or threaten any other person or to otherwise violate any

other person's legal rights;

II. to violate any intellectual property rights of Us or of any third party;

III. to upload or otherwise disseminate any computer viruses or other

software that may damage the property of another;

IV. to commit any kind of fraud;

V. to engage in or create any unlawful gambling, sweepstakes or pyramid

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schemes;

VI. to publish or distribute any obscene or defamatory material;

VII. to publish or distribute any material that incites violence, hatred or

discrimination towards any person, group or community;

VIII. to unlawfully gather information about others.

c. Unauthorised use by You of the Items may be a criminal offence and may give

rise to a claim for damages.

13. VARIATION OF TERMS

a. You hereby acknowledge and agree that these Terms may be varied or

amended from time to time in Our sole discretion. If You continue to use the

Product following any such variation or amendment You will be deemed to have

confirmed and agreed to the new Terms as varied or amended.

b. You agree to routinely monitor these Terms and to refer to the Effective Date

posted at the top of these Terms in order to monitor any modifications or

variations. You further agree to clear Your cache when doing so in order to avoid

accessing a prior version of these Terms.

c. In the event that You fail to monitor any modifications to or variations of these

Terms, You agree that such failure shall be considered an affirmative waiver of

Your right to review the modified or varied Terms.

14. THIRD PARTY LINKS

a. You hereby acknowledge that We may from time to time include links or

references to other websites, other content or other materials (hereinafter "Third

Party Links"), none of which are controlled by Us.

b. You hereby acknowledge that these Third Party Links are provided for Your

information only and that We do not make any representations, warranties or

guarantees as to the accuracy, completeness, performance, reliability,

timeliness, quality or suitability for a particular purpose of these Third Party Links.

We do not endorse, approve or support these Third Party Links. You use the

Third Party Links at Your own risk.

15. CHANGES TO PRODUCT

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a. You acknowledge and agree that We may, in Our sole discretion, vary, alter,

amend, change or update the Content, Materials or the Product at any time.

b. You acknowledge, agree and accept that the Product may be unavailable from

time to time (whether it is unavailable due to maintenance or for any other

reason).

c. You acknowledge, agree and accept that We take no responsibility for, and to

the maximum extent permitted by law we shall not be liable in any way for the

Items being temporarily unavailable, whether due to reasons within our control or

not.

16. INTELLECTUAL PROPERTY

a. The Items contain intellectual property that is owned by Us and/or that is

licensed to Us. This includes, but is not limited to, the contents, layout, design,

colours, appearance, graphics and imagery of the Product, Content, Materials

and Goods as well as all copyrights, trademarks, trade secrets, patents and other

intellectual property contained in the Items (hereinafter "Company IP").

b. You hereby acknowledge and agree that, as between Us and You, We own all

intellectual property rights in the Items and that nothing in these Terms amounts

to a transfer of any intellectual property rights from Us to You.

c. You hereby acknowledge and agree not to use the Company IP for any

unlawful or infringing purpose.

d. You hereby acknowledge and agree not to reproduce or distribute the

Company IP in any way, including electronically or via registration of any new

trademarks, trade names, service marks or Uniform Resource Locators (URLs)

without express written permission from Us.

e. You hereby acknowledge and agree that by adding, posting or uploading any

Content on the Product (hereinafter "Your Content"), you grant Us a worldwide,

irrevocable, perpetual, non-exclusive, royalty-free and transferrable right and

licence to use Your Content in any way We choose. This licence includes a right

and licence to:

I. reproduce, copy, alter or make derivate works from Your Content in any

way We choose; and

II. display, communicate to the public, broadcast or transmit Your Content in

any way We choose; and

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III. authorise any other person, company or organisation to use Your Content

in any way We choose.

f. You represent and warrant to Us that You have all necessary rights to grant the

licences and to provide the consents set out in this clause in relation to

"Intellectual property".

g. All of the provisions of this clause in relation to "Intellectual property" shall

survive any termination of these Terms.

17. PRIVACY

a. Through Your use of the Product or other Items, You may provide Us with

some of Your personal information. By using the Product or Items, You authorise

Us to use Your information in Australia and any other country where We operate.

b. We take Our privacy obligations very seriously.

c. Please refer to Our privacy policy for further information about what

information We collect, how We use it and store it, and Your rights in relation to

it.

18. REVERSE ENGINEERING AND SECURITY

You agree not to:

a. reverse engineer, or attempt to reverse engineer or disassemble any code

or software from or on the Items; and

b. violate the security of the Items through any unauthorised access,

circumvention of encryption or other security tools, data mining or

interference with any host, user or network.

19. SPAM POLICY

You are prohibited from using the Items for the purpose of gathering email

addresses and/or personal information from people, companies or other

organisations and/or for sending bulk emails or unsolicited emails.

20. GENERAL PROVISIONS

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a. Australian Consumer Law: You may have certain rights, warranties,

guarantees and remedies under the Australian Consumer Law, which is

contained in the Competition and Consumer Act 2010 (Cth), and these rights,

warranties, guarantees and remedies may not be restricted, modified or excluded

by Us. Our liability to you is governed solely by these Terms and the Australian

Consumer Law.

b. Applicable law: Your use of the Product and the Items is subject to the laws

of New South Wales and each party submits to the jurisdiction of the courts of

New South Wales.

c. Written communication: In relation to any correspondence or notification

which is required under these Terms to be provided in writing from one party to

the other party:

I. such notice is properly given if given to the other party:

A. by email to an email address that the other party has nominated,

acknowledged or used in connection with the use of the Product or other

Items.

B. by facsimile to a facsimile address which the other party has

nominated, acknowledged or used in connection with the use of the

Product or other Items.

C. by post to a postal address the other party has nominated,

acknowledged or used in connection with the use of the Product or other

Items.

II. such notice is taken to be received:

A. if sent by email, when the email becomes capable of being retrieved

by the recipient at the relevant email address.

B. if sent by facsimile, at the time shown of correct and complete

transmission to the recipient's facsimile number by the sending machine.

C. if sent by prepaid post within Australia, five (5) days after the date of

posting.

D. if sent by prepaid post to or from an address outside Australia, twenty

one (21) days after the date of posting.

d. No assignment: You must not assign, sub-licence or otherwise deal in any

way with your rights under these Terms without Our prior written consent.

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e. Severability: If any clause or sub-clause of these Terms is held to be invalid

or unenforceable, it is to be read down or severed such that the remaining

clauses and sub-clauses will be enforced to the maximum extent possible. In

such circumstances, the remainder of these Terms shall continue in full force and

effect.

f. No waiver: In the event that We fail to enforce any provision of these Terms,

this shall not constitute a waiver of any future enforcement of that provision or of

any other provision. Waiver of any clause or sub-clause of these Terms will not

constitute a waiver of any other clause or sub-clause.

g. Headings for convenience only: Headings of clauses and sub-clauses under

these Terms are for convenience only. Headings shall not affect the meaning of

any provision of these Terms.

h. Parties must take all reasonable steps: Each party must, at its own

expense, take all reasonable steps and do all that is reasonably necessary to

give full effect to these Terms and the events contemplated by them.

i. Separate agreements: You may have other legal agreements with Us. Those

other legal agreements are separate from and are in addition to these Terms.

These Terms do not alter, amend, revise or replace the terms of any other legal

agreements You may have with Us.

21. CONTACT US

You can contact us about these Terms using the following details:

Ph: +61 490 765 189

[email protected]

www.divineblueprints.com.au/contact

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