Terms of use

TERMS OF USE

In these savvynow Terms of Use (“Terms”), “we” or “us” means savvynow, a business registered in Queensland, Australia, and “you” means a user of the savvynow website and services.

Through our website (including www.savvynow.com.au) (“Site”), we provide a range of services including brand design, merchandising solutions, and digital marketing strategies. We collaborate with partners to offer comprehensive services and platforms, alongside tools and materials to enhance brand engagement and visibility, including promotional campaigns and merchandise management. We provide access to design tools, web hosting services, and offer strategic tools and insights through analytics and optimisation reports.

These Terms govern your access to and use of the savvynow Platform and services, including our Tools (such as graphic design software and marketing tools), Materials (including copyrighted works and trademarks), and any related tools and softwares with partners and collaborators. We grant you a license to use the savvynow Platform subject to these Terms.

Signing up

Signing up: By signing up with savvynow either through our Site, with us directly or through one of our authorised representatives, you are entering into an agreement with us to provide you with access to the savvynow Platform. This agreement is comprised of these T&Cs, your Order Form, our Privacy Policy, and all other applicable terms or policies incorporated by reference (the “Agreement”).

Confirmation Page: If you have signed up through our Site, once we have entered into the Agreement with you, we will send a confirmation page to you by email. The confirmation page will contain details of your order and a copy of or a link to the terms and policies forming the Agreement, including these T&Cs.

Registering for a Membership Account: If you have signed up through our Site, you must register an account to access and use the savvynow Platform (“Membership Account”). If you have signed up with us directly or through one of our authorised representatives, a Membership Account will be created for you and you will need to validate the account by following the link in the email we send you. You will not able to access the members’ area of our Site (or the savvynow Platform) unless you have a valid and active Membership Account. Unless otherwise specified in the Agreement, you may only register one Membership Account.

User Name and Password: To create a new Membership Account, you must provide your email address and choose a password. Your “username” will be the email address used to register your Membership Account. Please ensure your username and password are kept securely. You are responsible for any misuse of your username, password or other log-in details by any person, and for any authorised or unauthorised use of your Membership Account. Please contact us immediately if you suspect that there has been any unauthorised access to or use of your account or disclosure of your log-in details.

User Information: You warrant that any information you provide to us about yourself is current, accurate and complete (and that you will keep this information up to date by notifying us if and when it changes). By entering into the Agreement with us, you agree that we can use your information to contact you in relation to future promotions, products, packages or other services offered by us, or that otherwise relate to the savvynow Platform. Any personal information we handle will be dealt with in accordance with our Privacy Policy.

Services Offered

Savvynow platform: The savvynow Platform allows you to design engagements which Respondents can access. You can also offer rewards and incentives to increase the likelihood of receiving responses. We host the data and the savvynow Tools allow you to run reports on the responses. The savvynow Tools and savvynow Materials licensed to you may change from time to time as we aim to continually improve the savvynow Platform.

Design Services: We provide a wide range of graphic design solutions tailored to meet your branding and visual communication needs. Our services include logo design, branding strategies, custom graphics, and creation of media assets.

Merchandising: Our merchandising services encompass custom-branded products and merchandise solutions. We partner with reputable brands and suppliers for product sourcing, decoration, and order management. We offer design setup and assistance to ensure your merchandise aligns with your brand identity.

Digital Marketing: We partner with specialised experts in comprehensive digital marketing strategies designed to enhance brand visibility and engagement. Our services include campaign management, strategic planning, and execution across various digital platforms including search engines, social media, and programmatic advertising. 

AI related services: Our services and partners leverage AI-related solutions for optimised campaign performance, providing tailored strategies, analytics, ongoing optimisations, customer services, and lead generation. 

Service Delivery: Our services are delivered through a combination of online platforms and in-person consultations, ensuring flexibility and personalised interaction based on client preferences.

Customisation Options: All our services are highly customisable to specific business objectives. Whether it’s adjusting design elements, selecting product quantities, or refining digital marketing strategies, we tailor our offerings to suit unique needs.

Partnerships and Third-Party Services: We collaborate with professional partners to enhance service delivery across graphic design, merchandising, and digital marketing. These partnerships ensure expert support and expanded capabilities in fulfilling client requirements.

Maintenance and Support: Post-service delivery, we provide ongoing support tailored to each service. This includes comprehensive handovers for graphic design projects, ongoing merchandise order fulfillment, and monthly management and support throughout digital marketing campaigns.

Service Agreements: Specific agreements or terms apply to individual services such as Merchandise and Digital Marketing, which may involve partnerships with other companies subject to their own terms of service. Deadlines must be met to facilitate timely service delivery.

Your General Obligations & Responsibilities 

Client Responsibilities: Clients are expected to provide necessary information and assets promptly, adhere to agreed-upon deadlines, and ensure compliance with licensing, trademarks, and copyright regulations for all materials provided to us.

Prohibited Conduct: When accessing or using the Site or the savvynow Platform or using, storing, retaining or disclosing any Respondent Data you must not:

  1. act unlawfully, fraudulently, dishonestly, inappropriately, mislead or deceive, or engage in improper behaviour of any kind;
  2. harass, abuse or harm any person;
  3. send unwelcome or unauthorised communications;
  4. infringe any rights or invade or violate the privacy of another person;
  5. impersonate another person, hide your identity or falsely represent an association with another person;
  6. contact or otherwise harm Minors or retain or use information in an identifiable form received from or relating to Minors, except where all necessary and express consents have been obtained from the Minor’s legal guardians;
  7. upload Content which is false, inaccurate, misleading or deceptive, unlawful, defamatory, discriminatory, vilifying, pornographic or is otherwise inappropriate, indecent, inaccurate or objectionable, or for which you do not have the necessary rights or permission to use;
  8. interfere with, gain unauthorised access to or disrupt the availability of the savvynow Tools, the Site or the savvynow Platform (including but not limited to any servers or networks connected with our Site); or
  9. upload or other transfer any material containing a bug, virus, trojan or similar malicious program or software to the Site or savvynow Platform.

Assets and items provided by you: By providing assets or items to savvynow, you affirm that you hold the appropriate licenses and ownership rights for their use in the specified service. We will assume these rights are in place and are not responsible for licensing, trademarks, and copyright regulations issues that may arise. 

If you supply any items or add-ons to interact with savvynow Platform or services, you must provide us with any information, data, APIs or other forms of access that we reasonably request of you. You must ensure that we have sufficient rights under the terms of any applicable licences to conduct or arrange for the integration between the item or add-on and the savvynow Platform or services.

Your content

Responsibility for Content: You acknowledge and agree that we are not responsible for and do not accept any liability for Content or any Reward or Trade Promotion originating from you (Your Content) or other users of our Site (including Respondents) and that:

  1. you are solely responsible and liable for Your Content, including any Content originating from Respondents in response to Your Content or use of your Membership Account, whether authorised by you or not;
  2. you may be provided with the opportunity to include text or a link in your engagements to certain terms and conditions or a privacy policy which you wish to apply to your engagement, including in relation to collection of personal information or any Reward or Trade Promotion offered by you. You are entirely responsible for ensuring the necessity, accuracy and completeness of any applicable terms or policies, their effectiveness and enforcement, and the keeping of any records;
  3. you may be exposed to false, misleading or deceptive, unlawful, defamatory, indecent, harmful or otherwise inappropriate or objectionable Content and conduct. You acknowledge and agree that we have no liability or responsibility for the Content or conduct of any other person;
  4. we are under no obligation to monitor, supervise, regulate or control Content originating from you or any third party and do not provide any warranties or guarantees whatsoever, including as to the accuracy, completeness, appropriateness or otherwise of such Content;
  5. you are solely responsible and liable for the promotion, administration and fulfillment any Reward or Trade Promotion; and
  6. you are solely responsible for your use, retention and disclosure, of the Respondent Data and acknowledge that this may include Personal Information of a Respondent. We accept no responsibility for your use, disclosure, storage or retention of any Respondent Data. Any reliance or use of third party Content or Respondent Data is entirely at your own risk. For the avoidance of doubt, it is your responsibility to evaluate and assess the accuracy and completeness of any Respondent Data.

Respondent data

Your use of Respondent Data: Without limiting your obligations under the Agreement (including obligations to comply with the Privacy Laws or Spam Act), you have a non-exclusive, worldwide right (including the right to sub-license) to use, exploit, copy, modify or disclose the Respondent Data for any purpose, except where you have utilised savvynow Media Services in connection with an engagement. Where you have utilised savvynow Media Services in connection with an engagement, your rights to use the Respondent Data are set out in the Services T&Cs.

Our use of Respondent Data: Without limiting our obligations under the Privacy Laws or Spam Act , we have a non-exclusive, worldwide right (including the right to sub-license) to use, exploit, copy, modify or disclose the Respondent Data for any purpose.

De-identified information: You agree that we may use, exploit, copy, modify, disclose, or licence the Respondent Data and Your Content in an aggregate, de-identified form (including usage and statistical information) for any purpose.

Our rights in respect of Content: Whilst we are under no obligation to monitor or control third party use of our Site and the savvynow Platform, we reserve the right to remove, suspend or delete any Content, engagement, Trade Promotion or Reward from our Site or refuse to provide the savvynow Platform or services in circumstances where we consider that you:

1. have breached your obligations under the Agreement;

2. have acted in a manner that is contrary to the spirit of the Agreement; or

3. have engaged in conduct that exposes us to a risk of liability or may adversely affect our reputation or the reputation of the savvynow Platform or services.

Intellectual Property

Savvynow Tools and savvynow Materials: You acknowledge that any and all Intellectual Property in or to the savvynow Tools and savvynow Materials is our property. Apart from the permitted use under the licence granted in this Terms of Use, you acquire no right, title or interest in or to any of above by virtue of the Agreement and will not take any action, or assist any person to take any action that may jeopardise, limit, challenge or interfere with our ownership of or rights in the savvynow Tools or the savvynow Materials.

Ownership: savvynow retains ownership of intellectual property rights for content and designs created through our services unless otherwise agreed upon in writing with clients.

Permissions: savvynow reserves the right to showcase completed projects, including designs, merchandising, mock ups, digital marketing results and statistics, in our marketing materials, portfolio, and on our website. By engaging our services, you grant savvynow permission to use these projects for promotional purposes, ensuring that no confidential or proprietary information is disclosed without your consent.

Content originating from you: We acknowledge and agree that to the extent any Intellectual Property subsists in Your Content, such Intellectual Property vests in and is owned by you. You grant us a non-exclusive, worldwide right (including the right to sub-license) to use, exploit, copy, modify or disclose Your Content for the purpose of providing the savvynow Platform and services or any other purpose foreshadowed in the Agreement.

Warranty: You warrant that you own the Intellectual Property in, or have the necessary rights to use Your Content and that any use by you, or any use by us in accordance with these T&Cs of Your Content will not infringe the Intellectual Property or other rights of any other person.

Respondent Data: You acknowledge and agree that to the extent any Intellectual Property subsists in the Respondent Data or any data-base containing Respondent Data, such Intellectual Property vests in and is owned by us. You will not take any action, or assist any person to take any action that may jeopardise, limit, challenge or interfere with our ownership of or rights in the Respondent Data or any data-base containing Respondent Data.

Indemnity

Indemnity from you: You agree to hold harmless, defend, indemnify and release us and our affiliates and our respective officers, employees, consultants and agents from and against all claims, actions, proceedings and demands (including those brought by third parties), Loss and any other costs (including those incurred in satisfying, defending or settling such claim, proceedings or demand) of any nature arising out of or in connection with:

  1. any breach of the Agreement (whether by you or your officers, employees, consultants, principals or agents);
  2. any breach by you of any applicable laws, regulations or third party terms and conditions;
  3. any access to or use of our Site or the savvynow Platform, services or products and Your Content;
  4. anything that you provide to us in connection with the Agreement;
  5. any access to or use of your Membership Account, whether authorised by you or not;
  6. any Reward or Trade Promotion organised or promised by you; or
  7. your use, disclosure, storage or retention of any Respondent Data.

 

Termination of Services

Termination terms vary by service. We may terminate the Agreement (including your Membership Account) by immediate notice to you if you are in breach of the Agreement (including these T&Cs). 

Without limiting our other rights of termination under this Agreement, we may terminate your savvynow services by immediate notice to you if you fail to pay any Fees and any other sums payable by you in relation to the any services when due.

Graphic Design or related design services: A reignite fee may if a project is on hold for 20 business days or more due to delayed payments or outstanding tasks. 

If termination is requested by you, you will be responsible for outstanding amounts, and we may restrict your access to our services or project files.

Merchandising: Upfront payments are required, and refunds or compensations are not provided for change of mind or general wear and tear. 

Faulty items must be submitted via email to hello@savvynow.com.au within 14 days of receiving the product, accompanied by detailed descriptions and photos. Our team will promptly review your submission and provide a suitable resolution. 

Digital Marketing: Payments are collected upfront, and services may be terminated for non-payment or failure to comply with guidelines. Cancellations require a 30-day notice period and you will be responsible for outstanding amounts.

 

Payment and Fees

Payment Terms: payment terms and can vary per service. Specific terms of payments and fees are provided on service agreement and sign up forms. 

We accept payments Stripe and Pay Advantage for efficient processing, including plans or subscription payments. Direct debit is also accepted with details provided on invoices.

Additional Fees: In addition to standard service charges, potential additional fees may include GST, payment processing fees by third-party software, rush orders, freight and delivery costs, additional revisions or out-of-scope work, and set-up fees for specialised requests.

 

Privacy and Data Handling

Security Measures: We employ industry-standard security measures provided by our software and service providers to protect user data and privacy. Our systems undergo continual updates and maintenance.

 

 

Terms of Use are updated periodically on our website. It is the responsibility of users to review these terms regularly for any changes.

For questions or support regarding these Terms of Use, please contact us at hello@savvynow.com.au.