© 2017 Designbx
Designbx Pty Ltd provides an online interior design solution that connects you with talented designers who compete to style your home. These Terms set out how we do this for you!
This Website is owned and operated by Designbx Pty Ltd (ACN 607 681 774) ("DBX", "us" or "we") and these Terms govern your use of the Website including any Design Services offered by Designers through the Website.
By accessing or using the Website and accepting the offer of any Design Services, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree, then you must not visit, use or continue to use the Website and the Services.
We will, from time to time, revise and update the Terms and we will publish all such updates on our Website. All updated Terms become effective immediately upon being published on the Website.
1.1 In these Terms:
(a) Business Day means any day that Australian banks are open for business in Sydney, New South Wales.
(b) Cancellation Fee means the fee applied by DBX to any Project which is cancelled prior to the Design Phase being the amount equivalent to 10% of the Fees, which amount reflects a true estimate of the costs to DBX of providing the Service to the Customer up to the point of cancellation;
(c) Content means all content and all intellectual property appearing on the Website which includes text, images, trade marks (registered or unregistered), graphics, photographs, designs, icons, logos and service marks and the selection, arrangement and "look and feel" of all content contained on the Website;
(d) Customer or You means you;
(e) Design Folio means the personalised folio accessible through the Website which include all of the components of your completed Project design;
(f) Style Quiz means the free and fun quiz available on the Website which helps us to understand your preferred design styles which will help Designers to make appropriate offers to you for Design Services;
(g) Design Services means the design services offered to you by Designers through the Website;
(h) Designbx Gift Voucher means a gift voucher to use the Service purchased through our Website to the value stated on the gift voucher.;
(i) Designer means any designer who offers to provide Services to you in respect of your Project;
(j) Experience Questionnaire means the simple email questionnaire that the Customer is required to complete in order to access their final Design Folio;
(k) Fees means the total fees payable by the Customer to DBX representing the costs of the Services (payable to DBX) and the costs of the Design Services (payable to the selected Designer);
(l) Floorplan means a plan of the room the subject of the Project incorporating furniture placement recommendations by the selected Designer;
(m) Furniture and Homewares Schedule means the list of available Products from which you can select to purchase using your Personal Shopper;
(n) Package means any package for the provision of Design Services purchased by you through the Website;
(o) Personal Shopper means the employee or contractor of DBX who will work with you to assist and facilitate your purchase of Products pursuant to your Design Folio pursuant to these Terms;
(q) Personalised Style Board is the final Style Board completed by the designer;
(r) Products means the furniture, fixtures, fittings and other household products or finishes that are purchased by you from the Suppliers, facilitated by your Personal Shopper;
(s) Profile means the profile created and maintained by each Designer setting out their experience, design focus and values, location, portfolio (including images) and such other information as requested by DBX to be provided;
(t) Project means your interior design project as specified by you in your Project Brief;
(u) Project Brief means the information and instructions relevant to your Project which are provided by you through the Website including, but not limited to, room measurements, structural features and challenges, technical matters such as installed cabling or security, special access requirements and preferred window and flooring treatments;
(v) Project Termination Fee means the fee applied by DBX to any Project which is terminated after the Design Phase has commenced but before all elements of the Project have been approved, being the amount equivalent to 50% of the Fees which reflects a true estimate of the costs to DBX of providing the Service to the Customer and the costs of the Designer in providing the Design Services up to the point of termination;
(w) Service means the service provided to you by DBX in connecting you to Designers through the Website and facilitating your Project as described in these Terms; Style Board is a feature of the Website which includes a visual display of colours, finishes and products to create your style;
(x) Setup/Installation Guide means simple and helpful tips from your designer relating to the placement and installation of your selected Products;
(y) Supplier means the distributor of the Products;
(z) Terms means the terms and conditions contained in this document together with any other disclaimers, policies and statements contained on our Website;
(aa) Website means the website www.designbx.com and its related pages, including any mobile site or mobile or other application that we may offer.
2. USE AND REGISTRATION
2.1 Website use and account
(a) No person under the age of 18 should use this Website without parental or guardian supervision. If we do find that someone under the age of 18 is accessing the Website, DBX may restrict their access to the Website.
(b) You may browse the Website and take a free Style Quiz without registering an account, but in order to receive your complete Style Results, purchase a Package and receive Design Services, you must create an account.
(c) To register your details and open an account with us, you will be required to submit your data and personal information. You warrant and agree that all information provided to us is accurate, true and up-to-date in all respects and at all times. You also agree to update your account with any changes to your personal information previously submitted as soon as practicable after such personal information changes.
(d) DBX may, at any time in the sole discretion of DBX, remove, destroy or de-identify any personal information or Project data provided such removal, destruction or deidentifying of your personal information or Project data does not affect the delivery of the Services or Design Services in respect of an active Project.
(e) If we find or suspect that a person under the age of 18 years has opened or accessed an account, we may cancel or restrict access to the account and to any Services or Design Services to be delivered to the parent or guardian of that child. Any cancellation or restriction of Services or Design Services to an account holder as a result of the unsupervised use of this Website by a child will result in the account holder forfeiting any payments made to DBX and no refund will be available.
(f) DBX reserves the right in its sole discretion to refuse to register any account.
(g) You must not behave or communicate in such a way, or share any information or data which, in the sole opinion of DBX, may be in violation of laws including privacy, harassment or discrimination, infringing rights, abusive, offensive, obscene or inappropriate, including by being vexatious, provocative, an endorsement or a solicitation.
(h) If you breach any of these Terms, we will be entitled to lock or delete any and all accounts, and not accept any further or future account requests, by the account holder and their associates.
(i) You must not use another person’s account without their express prior permission nor permit anyone to use your subscription or account.
2.2 Unauthorised Use of your account
(a) You are solely responsible for all activity that occurs using your account, and solely responsible to keep your access to it and your passwords secure. DBX does not accept any responsibility for activity or purchases made using your account by unauthorised access of your account.
(b) If you suspect or become aware of any unauthorised use of your account or that your passwords are no longer secure, you must immediately notify DBX and immediately take all reasonable steps to protect your account.
(c) When you notify DBX of your account being accessed without your authority or your account or passwords not being secure, we will immediately lock and cancel your account to prevent any further misuse. We will allow you to register a new account only after we are satisfied, in our sole discretion, that you have taken all reasonable steps to ensure that your account and passwords will be kept secure in the future.
(d) You agree to release and indemnify DBX from any loss or claim arising, whether directly or indirectly, from any unauthorised use of your account.
You acknowledge that when you register and use the Website, you will receive correspondence from DBX, including newsletters, relating to the Website and the business of DBX.
If you do not wish to receive these communications, you may opt-out or unsubscribe by updating your preferences in your profile or clicking “Unsubscribe” in any of our emails.
(a) You must not damage, interfere with or disrupt access to the Website or the Content or engage in any other conduct that will or may restrict or limit any other person from using or accessing the Website or the Content. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or the Content within it.
(b) DBX will hold you liable for any loss, damage or claims arising, directly or indirectly, from your interference with the Website, Content, security or access to the Website or Content or in any other way prevent the usual operation of the Website and its availability to the public.
3.1 DBX content
All content and all intellectual property which includes text, images, trade marks (registered or unregistered), graphics, photographs, designs, icons, logos and service marks and the selection, arrangement and "look and feel" of all content contained on the Website, is the property of DBX or third parties who have granted DBX permission to use it on the Website. All Content contained on the Website whether past, present or future and is protected by national and international copyright, design and trade mark and other laws. Your right to use the Content is limited only to those rights expressly set out in the Terms.
3.2 Limited licence to use DBX content
(a) DBX grants you a revocable limited non-exclusive licence to access, browse, use and contribute to the Website or the Content on your computer or similar device and download and use downloadable Content for personal, private or domestic purposes only or for the sole purpose of making purchases from or interacting with DBX and any Designers.
(b) Unless expressly disclosed to DBX in advance, you warrant that you are not visiting or using the Website or Content or purchasing any goods or services from the Website or from DBX for any commercial purpose and will not access, browse, use or contribute to the Website for a commercial purpose.
(c) Except as expressly permitted in these Terms or on the Website, or with DBX’s prior written permission, you are expressly prohibited from modifying, copying, downloading, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or otherwise using Content available via this Website for commercial or public purposes, including but not limited to use as meta tags or linking the Website or Content on other pages or sites on the world wide web.
3.3 Content You Submit
(a) Both Customers and Designers may have the ability, through the Website, to create, post or share content, such as pictures of your space, floor plans and household objects or, for Designers, images on their Profile or design submissions.
(b) You represent and warrant that:
(i) you own or have full rights in and to all content that you create, post or share on or through the Website;
(ii) the posting and use of all content that you create, post or share on or through the Website does not violate the intellectual property or other rights of any person, and
(iii) the creation, posting or sharing on or through the Website of any content, does not result in a breach of contract between you and a third party
(c) You grant DBX an immediate, worldwide, non-exclusive, royalty-free, transferable licence to use, modify, remove, publish, transmit, or display your content for the purpose of
(i) facilitating introductions to Designers; and
(ii) advertising, marketing and promoting the Website and the Service.
(d) DBX claims no control over any content that you create, post or share on or through the Website. You retain all intellectual property and other rights in such content and you are solely responsible for protecting those rights.
(e) DBX is under no obligation to backup any content that you submit, post or share through the Website and you acknowledge that your content may be deleted at any time. It is your sole responsibility to create and maintain a backup of your content.
3.4 Content Created by You and/or Designer
(a) The intellectual property rights in all intellectual property that
(ii) any Designer; or
(iii) you and any Designer(s) in collaboration;
create in respect of any Project while using the Services, Design Services or the Website will vest in the Customer on delivery of the Design Folio.
(b) The Customer and all Designers grant to DBX an immediate, worldwide, nonexclusive, royalty-free, transferable licence to use, modify, remove, publish, transmit, or display your content for the purpose of advertising, marketing and promoting the Website and the Service.
4. YOUR CONTRACT
4.1 DBX administers the Website and makes available to you the offer of Design Services by Designers for your Project. The Service provided by DBX is independent of the Design Services provided to you by Designers.
4.2 When you purchase any Package you enter into a contract with DBX for the provision of the Services as described below.
4.3 When you accept an offer by any Designer for the provision of Design Services, you enter into a contract with the Designer for the provision of Design Services as described below.
4.4 Your contract with DBX
DBX facilitates the Design Services by providing access to and maintenance of the Website, introductory services to various Designers who are contractors of DBX, access to the various features of the Website including an online Design Folio, Furniture and Homewares Schedule and the provision of our Personal Shopper services.
4.5 Your contract with the Designer
(a) Your contract for the provision of Design Services is a contract between you and the Designer selected by you.
(b) While DBX makes every effort to ensure that only skilled, experienced and reputable Designers are engaged by DBX, DBX has no control over and is not liable in respect of any claims or representations made by Designers about the Products or their Design Services, the truth or accuracy of their Profile nor the availability or suitability of any Product for your home or your Project.
(c) You acknowledge and agree that you enter into the contract with the Designer at your own risk and without reliance on any express or implied representation by DBX about the Designer, the Products nor the Design Folio provided to you by the Designer.
(d) DBX makes available to Customers and Designers the various features of the Website which may include communication tools such as email, commenting and chat features. You acknowledge and agree that DBX is not an employer of nor an agent, broker nor insurer for either the Customer or any Designer.
(e) The introduction to you by DBX of any Designers should not be construed and will not be deemed to be an endorsement or promotion of any Designer by DBX. It is your responsibility to form your own opinion as to the suitability of any Designer for your Project and to undertake any further investigation as to the skill, experience or otherwise of any Designer before you decide to proceed.
5.1 Once you have registered and verified (if required) your account, the full results of your Style Quiz will be available by logging into your account.
5.2 You will then need to select a room type and will be offered a Package that is most suitable to your room type.
5.3 If you wish to purchase the Package recommended to you, you use our online checkout and payment facilities and follow the instructions on the Website. Your purchase and use of any Package is subject to these Terms.
5.4 You will then be required to complete your Project Brief prior to launching your project. If you have identified structural challenges in your Project Brief then we may recommend a Custom Package which will require you to contact DBX to provide further instructions to enable us to tailor a solution specifically suited to your Project. It is your sole responsibility to ensure all details provided within your project brief are correct prior to launching your project.
5.5 Once you have purchased a Package, you will be bound by the restraint provisions contained at clause 10 of these Terms.
6. YOUR PROJECT
6.1 Most Projects will be completed within two to three weeks from the Project Brief being completed by the Customer.
6.2 DBX is not responsible for any cost, loss or expense incurred by the Customer because of any delay in the process whether caused, directly or indirectly, by the Customer or by any Designer.
6.3 If your Project consists of more than one room, additional time should be allowed at each project.
6.4 Project Brief
(a) Once your Package has been purchased you must log into your account and upload to your Project Brief all relevant information for your Project which may include photographs and descriptions of your space, measurements, special requests and third party images showing your preferred style.
(b) You must ensure that any material uploaded to your account does not infringe any third party intellectual property rights.
(c) Your Project cannot be progressed until you have provided sufficient information for Designers to pitch for your Project. If you have not provided sufficient information within 2 Business Days after purchasing a Package, DBX may contact you to require the provision of further information or material.
(d) It is your sole responsibility to ensure that the information provided in respect of your room or your Project is complete and accurate. If you are unsure of whether your room measurements are accurate then you must engage, at your own cost, a professional to provide you with your room measurements. As part of the Service or the Design Services, you may be provided with recommendations on materials and quantities which will be based on the measurements you have provided. If you have not provided measurements determined by a professional, DBX or your selected
Designer may require a contractor specialist to review your room or your Project, at your own cost, before ordering and installation can proceed.
(e) It is your sole responsibility to provide the requested information within the recommended timeframes. Neither DBX nor any Designer is responsible for any cost, loss or delay to your Project as a result of you failing to provide required information for your Project Brief.
6.5 First Impressions Phase
(a) Once your Project Brief has been completed, Designers will have the opportunity to review your Project Brief and pitch to you their proposed Style Board for your Project. Once one proposed Style Board has been submitted by a Designer, your Project will move into the First Impressions Phase.
(b) If your Project consists of more than one room, Designers will provide you with a proposed Style Board for a single room only (as nominated by you) in order for you to select a Designer. In the Design Phase you will work with your selected Designer on all rooms relevant to your Project.
(c) To allow you to select the most appropriate Designer, you may wish to see variations or amendments to a proposed Style Board. You may, on no more than three occasions for each Designer, provide comments and feedback either publicly or privately in relation to that Designer’s Style Board. This communication will occur directly with the Designers through the Website. No direct communication outside the Website may be made with any Designer, regardless of whether or not that Designer has pitched for your Project.
(d) All feedback and comments must be completed within five Business Days after commencement of the First Impressions Phase. Your Project will then move into Acceptance Phase described below. It is your sole responsibility to provide feedback and comments in sufficient time to allow your Designers to respond prior to the completion of the First Impressions Phase.
6.6 Acceptance Phase
(a) The First Impressions Phase will be completed at the expiration of 5 Business Days. The Acceptance Phase will then commence.
(b) Within 48 hours after the expiration of the First Impressions Phase, the Customer must select a Designer for their Project. The selection by a Customer of a Designer for their Project is not confirmation that the Designer will work on that Project but is an offer by the Customer to the Designer.
(c) When the Designer accepts the offer, the contract between the Customer and Designer commences.
(d) Designers must accept or reject an offer within 48 hours of the offer being made.
(e) If a Customer fails to select a Designer, or if a Designer fails to accept an offer, within the timeframes specified at clauses 6.6(b) and 6.6(d) respectively, then DBX may in its sole discretion contact the Customer and/or Designer to facilitate the agreement and progress the matter.
(f) If a Customer has not selected a Designer within 30 days after the completion of the First Impressions Phase then DBX may in its sole discretion place the Project on hold and may contact the Customer to progress the matter. The Project may, at the discretion of the Customer or DBX, be cancelled and the Fees refunded less the Cancellation Fee.
6.7 Design Phase
(a) Once a Designer has been selected for a Project and the Designer has accepted the offer, the Project will move into the Design Phase during which time the Customer and Designer will work together to finalise the Project.
(b) The Designer will develop and deliver to the Customer through the Website a final Style Board, Floorplan, Furniture and Homewares Schedule and Setup/Installation Guide.
(c) The Customer may make no more than 3 change requests for each item to the Designer and is encouraged to correspond with the Designer through the Website to provide feedback to assist in any change requests.
(d) Designers must respond to each change request by submitting an amended Style Board or Floor Plan renamed for each version/amendment (as the case requires).
(e) Prior to completion of the Design Phase, the Customer must provide their approval of each element of the Style Board and Floorplan. Once approval has been received from the Customer, that element will not be further changed other than in exceptional circumstances at the sole discretion of the Designer.
(f) The Design Phase will expire at the earlier of:
(i) Customer acceptance of each element of the Style Board, Furniture and Homewares Schedule, Floorplan; and
(ii) 10 Business Days after commencement of the Design Phase.
(g) If the Customer and Designer cannot reach agreement on any element of the Style Board or Floorplan before the expiration of the Design Phase, then DBX may in its sole discretion contact the Customer and/or Designer to facilitate the agreement and finalise the matter.
6.8 Final Folio Design
(a) Within 4 Business Days after completion of the Design Phase, the Designer will deliver through the Website to the Customer the final Design Folio.
(b) In order to access their final Design Folio, the Customer must complete the Experience Questionnaire which is a requirement for delivery. The Customer acknowledges that the Experience Questionnaire is an essential part of the Project and must be completed by the Customer.
6.9 Personal Shopper
6.10 Once the Customer has received their final Personalised Style Board, the Customer can select the Products they wish to purchase from the Furniture and Homewares Schedule. The completed Furniture and Homewares Schedule must be returned to DBX by the Customer through the Website with allocated quantities as required.
6.11 Your Personal Shopper will review your selected Products and will liaise with the Suppliers. As soon as practicable after receipt of your completed Furniture and Homewares Schedule, your Personal Shopper will send to you an invoice showing the selected Products and their costs including delivery costs imposed by the Supplier.
6.12 If you require delivery to a different address than the address indicated in your account then you must notify your Personal Shopper prior to lodging the completed Furniture and Homewares Schedule as this could impact the delivery cost
6.13 Any changes to your delivery address after you have submitted your completed Furniture and Homewares Schedule will incur additional fees which will be advised to you at the time of the change request.
6.14 The distribution and delivery of your selected Products is the sole responsibility of the Supplier. DBX will provide you with the terms and conditions of the Supplier for each of your Products with the invoice. You must read all terms and conditions of each Supplier and satisfy yourself about your responsibilities and the liability (if any) of the Supplier in respect of your Products.
6.15 If you do not agree with any provision in a Supplier’s terms and conditions then you should not proceed to purchase that Product from that Supplier. DBX is in no way responsible or liable for the delivery, quality, condition or suitability of any Products and does not warrant or endorse any Supplier or any Products.
6.16 If you have any questions or issues relating to your Products or the delivery of same, please contact DBX at firstname.lastname@example.org and we will take all reasonable steps to facilitate a resolution to your issue.
6.17 If any of your selected Products are unavailable, your selected Designer will suggest a substitute Product which is aligned with your final Design Folio. Your Designer’s suggested substitute Product is a suggestion only and neither the Designer nor DBX makes any representation as to the substituted Product’s quality, condition or suitability for your Project. You must authorise the amendment to your Furniture and Homewares Schedule before your substituted Products will be ordered by your Personal Shopper.
7. GIFT VOUCHERS
7.1 Both the purchaser of and recipient/user of a Designbx Gift Voucher is subject to these Terms. Please do not proceed to purchase or use your Designbx Gift Voucher until you have read, understood and accepted these terms and conditions. If you have any queries, please contact us and we will be pleased to assist. 7.2 Designbx Gift Vouchers are redeemable for Services only and not for cash.
7.2 Designbx Gift Vouchers are redeemable for Services only and not for cash.
7.3 Refund Policy
(a) No refunds or cancellations are available for gift vouchers. However, DBX may in its sole discretion and only in exceptional circumstances as determined solely by DBX, permit a cancellation and refund of the value of a gift voucher. Cancellation fees may apply. Only the purchaser is entitled to a refund. Refunds are only permitted for valid vouchers that have not been used and have not expired.
(b) Once you have commenced a Project, your voucher cannot be cancelled and is not refundable.
7.4 Lost Gift Vouchers
(a) If a Designbx Gift Voucher is received and subsequently lost, the recipient may be eligible to have a replacement voucher emailed to them pursuant to these provisions:
(b) Conditions for replacement of lost Designbx Gift Voucher Vouchers:
(i) The voucher is still valid and has not yet been exchanged, used or expired.
(ii) Proof of purchase is provided; either an order number, purchaser's full name or purchaser's email address.
(iii) DBX is able to correctly verify you as the original recipient.
(c) It is the voucher recipient's responsibility to obtain and provide to DBX all required verification details. Failure to do so will mean no replacement voucher can be issued.
7.5 Expiry & Extensions
(a) Subject to clause 7.5(b), Designbx Gift Vouchers commence on the date of issue.
(b) If any Designbx Gift Voucher is issued prior to the date on which Services are available through the Website, the commencement date for such gift vouchers is the Commencement Date stated on the Website. For this purpose, the Commencement Date will reflect the date on which Services become available.
(c) If Services do not become available within 12 months from the date of issue of any gift voucher, the voucher will be invalid and not capable of redemption. DBX will
refund the full face value of an invalid gift voucher to the purchaser upon receipt of proof of purchase.
(d) Designbx Gift Vouchers must be activated before the expiry date specified on the voucher.
(e) Once a voucher has expired, DBX is under no obligation to offer an extension; however we routinely assess such requests on a case-by-case basis. Subject to clause 7.3(a), extension requests are reviewed closely by our Customer Experience Team via email email@example.com.
(f) Any extension request for a voucher that is over 3 months past the expiry date will not be considered.
(g) Expired vouchers are non-refundable in whole or in part. After a voucher has expired, it is no longer valid and all transaction attempts will be declined. Any unused value at the date of expiry will become the property of DBX.
7.6 Gift Voucher Delivery
(a) It is the responsibility of the purchaser to correctly address gift vouchers, whether by email or post.
(b) DBX is not responsible for any missing or delayed vouchers where incorrect or incomplete delivery details (address and, if relevant, appropriate delivery instructions) have been provided.
(c) DBX is not liable or responsible for any loss, cost or expense suffered as a result of a Designbx Gift Voucher delivered via email being blocked by filters or firewalls, or where the incorrect email address has been entered by the purchaser.
(d) If the recipient does not receive the email Gift Voucher, please contact us immediately firstname.lastname@example.org.
7.7 Activating a Gift Voucher
(a) All gift vouchers can be activated by visiting the Website, selecting ‘Start A Project’ and following the steps through to the payment cart.
(b) The gift voucher number must be entered into the payment screen where indicated and the value of the gift voucher will be allocated to the final payment amount.
(c) If the gift voucher value is less than the Package selected by the recipient the remaining value will be payable to continue the transaction.
(d) If the value of a gift voucher is higher than the value of the Package selected by the recipient, no refund of the difference is available. In the same transaction, the recipient may select additional services (if available) using the remaining value of the gift voucher and paying for any remaining portion (if any).
(e) A gift voucher may only be used in one transaction and any value not used cannot be carried forward or saved as credit.
(f) By activating a gift voucher, selecting a Package and proceeding with a Designbx project the recipient will be subject to the Terms & Conditions.
8. PROMOTIONAL OFFERS
8.1 From time to time, DBX may offer promotional discounts and special offers ('Promotional Offers' or 'Promotional Codes' or ‘Discount Codes’). If you have a Promotional Code, the code must be entered where indicated at the final payment screen.
8.2 By redeeming any Promotional Code or Promotional Offer, you agree to accept and comply with all of the following terms and conditions of use and these Terms.
8.3 All discounts arising from Promotional Offers (percentage or dollar discounts) and Promotional Codes are applied to transactions at the payment screen.
8.4 Promotional Offers and Promotional Codes cannot be used in conjunction with gift vouchers or gift cards.
8.5 If you have been provided a valid Promotional Code, you must enter it into the designated field in the shopping cart. Otherwise, your discount will not be applied.
8.6 Promotional Codes must be used before the designated expiration date. No extensions will be allowed under any circumstances.
8.7 Promotional Codes and Promotional Offers cannot be combined.
8.8 Unless otherwise specified Promotional Codes may only be used once per person.
8.9 Where multiple Promotional Codes are offered, only one can be used per transaction.
8.10 Where multiple discounts apply, the user will receive the maximum discount available.
8.11 Designbx reserves the right to verify the validity of Promotional Code use at any time. If there has been (or we have reason to believe there has been) any unauthorised use we will immediately cease all activity on your account.
8.12 Designbx reserves the right to remove the offer of a Promotional Offer or Promotional Code without notice at any time. Any Promotional Offers or Promotional Codes which have been purchased but not yet expired will not be affected.
(a) The Fees payable by you relate to both the Service provided by DBX and the Design Services provided by your selected Designer.
(b) The Fees are payable by the Customer in full when purchasing a Package.
(c) Additional services may be available for purchase including additional consultation time with your selected Designer. Any additional services must be purchased by the Customer in full in advance through the Website.
(d) Additional Fees may apply from time to time as identified in these Terms. Any services which are not included in a Package will be charged as an additional fee and the Customer will be notified and must approve any such additional fees prior to the additional services being supplied.
(e) We use third party payment platforms either through our Website or linking directly to the third party secure payment site.
(f) All Fees are charged in Australian dollars and are exclusive of any applicable tax.
9.2 Cancellation and Refunds
(a) A Project can be cancelled by a Customer, or at the discretion of DBX pursuant to these Terms, prior to the commencement of the Design Phase. DBX will withhold the Cancellation Fee from such Fees and refund the balance to the Customer.
(b) No cancellation is available once the Design Phase has commenced.
(c) To cancel your Project and obtain a refund, send an email to email@example.com.
(a) DBX will hold the Designer’s portion of the Fees on trust for the Designer pending your selection and appointment of your preferred Designer.
(b) As soon as practicable after delivery by your selected Designer of your final Design Folio, your selected Designer will be paid their Fee by DBX on your behalf.
10.1 Communication with Designers
(a) The Customer acknowledges that they can communicate, through the Website, with Designers.
(b) Neither the Customer nor the Designer is permitted to
(i) send unsolicited marketing messages or broadcasts (i.e. spam);
(ii) offer services outside of the Website;
(iii) offer any payment method outside the Website; or
(iv) accept proposals or solicit any Customer or Designer to contact, deliver services, invoice, or receive payment outside the Website.
(c) Customer may not cancel any Project or Package for the purpose of contracting separately with a Designer who the Customer meets through the Website which results in the Customer avoiding paying DBX any Fees.
(d) Customers acknowledge that their relationship with any Designer who was introduced to the Customer through the Website is only due to the provision of the Service by DBX. Accordingly, you agree that you will not, for a period of 6 months after the completion of each Project, contact, or attempt to contact, solicit, encourage or entice any Designer to work with you outside of the Website for the provision interior design services. DBX will utilize any means possible to block spammers and abusers from using the Service. If you believe spam originated from the Service, please email us immediately at firstname.lastname@example.org
11. CHANGES TO THE TERMS & WEBSITE
11.1 We may from time to time revise these Terms by posting an updated version on the Website. All updated Terms become effective immediately upon being published on the Website. Your continued use of the Service after a change to the Terms constitutes your acceptance of the Terms.
11.2 If any changes to our Terms has a significant impact on any contract between you and DBX or you and any Designer, DBX will notify you of the changes and give you the opportunity to cancel your contract pursuant to clause 9.2. For the purpose of this clause, a ‘significant impact’ means any increase in cost or timeframe for your Project of more than 10% of the original cost and timeframe.
11.3 We may change, suspend, or discontinue any aspect of the Website or Service at any time, including hours of operation or availability of the Website or any feature, without notice or liability.
12.1 You warrant that you have the authority and power to be bound by these Terms and enter into the contract with DBX for the Services and the contract with the Designer for the Design Services.
12.2 If you are acting on behalf of a company, trust, partnership or other entity, you warrant that you have the authority to bind that entity to these Terms and to the contract with DBX for the Services and the contract with the Designer for the Design Services.
12.3 Certain Services, content or the Website may not be available or appropriate to access in particular locations. By accessing and using the Website you take full responsibility for compliance with any customs or law regulating your use or access of the Website and its content and you warrant that, if you continue to access or use the Website, that you are authorised to do so.
13. THIRD PARTIES
13.1 The Website may contain links to third party websites or content (Third Party Content). DBX does not monitor, review or update, and does not have any control over, Third Party Content. Unless expressly stated otherwise, DBX does not endorse or adopt Third Party Content and makes no representation, warranty or guarantee as to accuracy, completeness, timeliness or reliability of Third Party Content or the safety of any third party website.
13.2 We take all reasonable steps to monitor all content on the Website to ensure that it is not offensive, indecent or objectionable however you acknowledge and agree that by accessing the Website, you may encounter data, information, applications, materials and other content from third parties, DBX and Designers which may be offensive, indecent, or objectionable.
13.3 You agree to use the Website at your own risk and acknowledge that DBX is not liable for any loss, cost or expense nor for any claim brought by or on behalf of you relating to any Website content that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise objectionable.
13.4 If you use the links contained on our Website to access Third Party Content you do so entirely at your own risk and liability. In addition, without limiting any other part of the Terms, reference to any products, services, processes or other information by name, trade mark, manufacturer, supplier or otherwise on or via the Website does not constitute or imply any endorsement, sponsorship or recommendation by DBX.
14. CONDITIONS OF USE
14.1 Your access and use of the Website is expressly conditional on the following:
14.2 You may access the Website solely as intended through the provided functionality of the Website and as permitted under the Terms.
14.3 You agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without DBX's prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without DBX's express written consent:
altering, defacing, mutilating or otherwise bypassing any approved software through which the Service is made available; and
using any trademarks, service marks, design marks, logos, photographs or other content belonging to DBX or obtained from the Service.
14.4 You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the Website designed to control the manner in which the Service is used, harvest or mine Website content or otherwise access or use the Website in a manner inconsistent with individual human usage.
14.5 You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Website and the Service, including any Website content available on or through the Website, or attempt to do any of the foregoing, except and solely to the extent permitted by the Terms, the authorized features of the Website, or by law, or otherwise attempt to use or access any portion of the Website other than as intended by DBX.
14.6 You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Website, including any Website content available on or through the Website, or any portion thereof, through any other application or website, unless and solely to the extent DBX makes available the means for embedding any part of the Website or Website Content.
14.7 You agree not to access, tamper with, or use non-public areas of the Website, DBX's (and its hosting company's) computer systems and infrastructure, or the technical delivery systems of DBX's providers.
14.8 You agree not to harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including DBX employees and other users.
14.9 You agree not to provide any false personal information to DBX or any other user, or create a false identify or impersonate another person or entity in any way.
14.10 You agree not to create a new account with DBX, without DBX's express written consent, if DBX has previously disabled an account of yours.
14.11 You agree not to solicit, or attempt to solicit, personal information from other users.
14.12 You agree not to restrict, discourage or inhibit any person from using the Website, disclose personal information about a third person on the Website or obtained from the Website without the consent of such person, or collect information about users.
14.13 You agree not to use the Website or the Service, without DBX's express written consent, to communicate or facilitate any commercial advertisement or solicitation, except as expressly permitted in the Terms.
14.14 You agree not to gain unauthorized access to the Website or the Service, to other users' accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service.
14.15 You agree not to post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Website.
14.16 You agree not to interfere with or disrupt the Website, or networks or servers connected to the Website, or violate the regulations, policies or procedures of such networks or servers.
14.17 You agree not to violate any applicable federal, state or local laws or regulations or the Terms.
14.18 You agree not to assist or permit any persons in engaging in any of the activities described above.
15. NO WARRANTIES
15.1 The Website and Content are provided "as is" without warranty of any kind, express or implied. Except to the extent required by the law, DBX does not make any representations or warranties as to the Website, including but not limited to, warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, informational content, system integration or accuracy and the express warranty of quiet enjoyment or as to the accuracy or suitability of information, descriptions, guidelines and images on the Website including colour, design and texture samples, descriptions of any materials or products, services, offers, merchants or any other information shown on the Website.
15.2 DBX does not represent or warrant that the Website or its server(s), applications or functionalities are free of viruses or other harmful components, and you bear the entire risk of losses or damages that you may incur or suffer as a result of any use of or visit to this Website. DBX does not guarantee continuous, uninterrupted, error-free or secure access to the Website or its services, since the operation of the Website may be interfered with by numerous factors outside of DBX’s control.
16. LIMITATION OF LIABILITY
16.1 Except to the extent required by the law or as is expressly set out in the Terms, DBX specifically disclaims all or any liability arising from your access to or use of the Website and Website content, purchasing any Package and engaging any Designer to provide Design Services and in no event will DBX, its subsidiaries, affiliates, officers, directors, shareholders, employees or agents be liable for any loss or damage of any kind, including indirect, incidental, consequential, punitive, or special damages or any loss of use, loss of profits or loss of data, whether in an action in contract, tort, strict liability or otherwise (including but not limited to negligence), arising out of or in any way connected with those matters (even if DBX has been advised of the possibility of such damages).
16.2 In any event, DBX’s total liability to you for damages, losses, and causes of action (whether in contract or tort (including, but not limited to, negligence) or otherwise) will not exceed the amount paid by you, if any, for accessing the Website or purchasing any Services.
16.3 DBX’s liability for breach of any condition or warranty implied by legislation is, at DBX’s option, limited to supplying services again or payment of the cost of having services supplied again.
16.4 Without limiting the above, you acknowledge that DBX accepts no responsibility or any liability for purchases made by you and you acknowledge that instructions are to be strictly observed and followed at your own risk. DBX does not accept any responsibility or liability for any information or errors provided by you, including your failure to do all things necessary to ensure the order, booking and receipt of services, are suitable and safe for your circumstances.
16.5 You release and forever discharge DBX, its officers, employees and agents from all and any loss, damage or liability (including indirect, special or consequential) excluded under these Terms, including from any third party claim, except to the extent that any legislation applies and cannot be lawfully excluded.
17.1 You indemnify and will keep indemnified, DBX and its subsidiaries, affiliates, officers, directors, agents, shareholders, employees or agents and will hold us harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of the Terms, or your violation of any law or the rights of any party. You also indemnify and will keep indemnified DBX from any and all damage you may cause DBX, its business, or the Website due to your interaction with the Website including without limitation your contributions, if any to the Website.
17.2 You indemnify and will keep indemnified and hold harmless DBX, its officers, employees and agents against any loss or damage of any kind that is either excluded under the Terms, including from any third party claim, for any property or injury to or death of any person, or caused as a result in any way by a breach by you of the Terms, any negligent act or omission or wilful misconduct of yours or any claim, suit or action brought against DBX as a result of your ordering, booking and receiving any services or programs.
17.3 This clause contains continuing separate obligations and it survives termination.
18.1 We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service (including, without limitation, Designer and third party partners (including furniture or design item suppliers). However, to the extent disputes between users arise in connection with the use of the Service, DBX reserves the right, in its sole and exclusive discretion, to mediate between the subject users to an effort to resolve the dispute. This includes disputes between Clients and Designers.
18.2 You assume all risk associated with dealing with third parties through the Website including but not limited to any risks associated with obtaining Design Services from any Designer, including all risks of physical or emotional injury or harm resulting or arising out of the provision of Design Services.
18.3 You agree to resolve disputes directly with the other party.
18.4 In circumstances where a dispute has arisen between you and a Designer in relation to the quality of work, communication issues or related matters, DBX may, in its sole discretion, facilitate a resolution to the dispute by adjudicating the dispute. The following terms will apply:
(a) If DBX determines that the Designer has provided insufficient work quality or if the Designer is found to be at fault in relation to other matters then DBX may offer for the Project to be delivered by an alternative Designer or may, in exceptional circumstances and determined solely by DBX, allow the Project to be cancelled.
(b) Termination of a Project pursuant to clause 18.4(a) above will only be available prior to approval of all design elements of the Projects. Once all elements have been approved the Project then no termination of the Project is permitted.
(c) If any Project is cancelled during the Design Phase but prior to approval of all elements of the Project a Project Termination Fee will apply and will be withheld by DBX prior to refunding the balance of the Fees to the Customer.
(d) The Customer will have no right to access or use any Style Board or Design Folio components and no intellectual property rights in the created intellectual property will vest in the Customer.
18.5 You release DBX of all claims, demands, and damages in disputes with third parties you have dealt with through the Website or the Service.
19.1 DBX reserves the right, without notice and in its sole discretion, to restrict or terminate your ability to use the Website, and to limit, block or prevent access to and use of this Website, including access to and use of your account or orders, without any liability to you. Failure by you to abide by the Terms revokes your authorisation to use the Website and its services, including any licence granted.
19.2 DBX reserves its right to refuse service, terminate an order or change or remove the Website or Service at its sole discretion and will not be liable for any damages, loss or expenses of any kind, including indirect or consequential loss or damage, suffered or incurred by you in any way (including due to negligence) as a result of refusal, termination, change or removal, or in connection with your reliance on the Service in any way, other than a refund that is expressly permitted under the Terms.
20. INTELLECTUAL PROPERTY
20.1 You acknowledge that DBX is the owner or licensee of all intellectual property rights in the Website and all works and designs therein and nothing in these Terms grants or gives you any intellectual property rights in the Website, works or designs, which to avoid doubt are absolutely assigned to DBX.
20.2 You acknowledge and agree that all information and materials provided to you in the delivery of the services or programs are the sole property of DBX. You are not permitted to use, distribute or in any manner share any materials or information received by you from DBX or any other party in the delivery of services or programs to you.
20.3 Upon contributing or providing content of any kind to the Website, including via third party sites such as Facebook or Twitter, you immediately grant DBX a licence to use it for the
purpose for which it was given and for our reasonable promotional or marketing purposes relating to the Website and you acknowledge that this clause is sufficient to give effect to the licence. You acknowledge that any contribution you make to the Website or via other sites, does not in any way give you a right, title or interest in the Service or the Website and you warrant to DBX you have all necessary rights, including copyright, in the content you are contributing and have not granted any rights inconsistent with any rights granted under these Terms. You warrant that any content contributed by you is not unlawful, defamatory, false or misleading, in violation of laws including privacy, harassment or discrimination, infringing rights, abusive, offensive, obscene or inappropriate, including by being vexatious, provocative, an endorsement or a solicitation and there is currently no claim or dispute with any party about any ownership or use of it.
20.4 All material published on the Website may, at DBX’s sole discretion, be edited, removed or republished for any reason whatsoever.
21.1 DBX is not an employment service and does not serve as an employer of any Designer.
21.2 No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement or any terms herein. Without limiting the foregoing, except as expressly set forth herein, DBX is not acting and does not act as an agent for any user (Designer or otherwise) of the Website. No Designer or any other user of the Website has any authority to bind or commit DBX to any agreements or other obligations, except with DBX's prior written consent which may be granted or withheld at the sole discretion of DBX.
21.3 Unless otherwise expressly stated, these Terms prevail over any representation made on the Website or by DBX’s staff and personnel or any third party.
21.4 If either party fails to do anything it is entitled to under these Terms that does not amount to a waiver of that right. Any waiver or variation must be in writing.
21.5 If any clause or part of a clause is illegal or unenforceable, it is to be treated as removed, but the rest of this document is not affected. Any references to a party include their agents, officers, employees or assigns. These Terms are interpreted under and governed by laws and jurisdiction of the courts of New South Wales.
21.6 These Terms are an original work protected by copyright and cannot be copied or reproduced without permission in accordance with any applicable copyright laws