1. Overview

We, Kylie Docherty trading as Be Wild Agency ABN 86 799 787 235 NZBN 9429049299977 (Be Wild, us, our, we) own and operate the online store located at www.bewild.agency (Store) which allows businesses and individuals to purchase customised website templates and other brand elements as displayed on the Store from time to time (Products). 

By accessing and using the Store or purchasing a Product, you acknowledge you have read, understood and agree to comply with these Terms and Conditions (Terms). 

Our Terms form a binding contractual agreement between the user of the Store (you) and us.

Before accessing and using the Store, you should read the Terms carefully. If you have any questions about the Terms, you can contact us at hello [at] bewild.agency. 

If you do not agree to the Terms, as amended from time to time, in whole or in part, you must not access or use the Store or purchase Products from us. 

2. Purchases 

You must Purchase the relevant Product through the functionality of the Store. 

Once we receive a Purchase, we will check the relevant Product against the details submitted in the Purchase to confirm that the Product is compatible with the business name and other details in the Purchase. If we are reasonably satisfied as to the compatibility of the Product, we will notify you that the Purchase has to be approved. 

We may accept or reject a Purchase at our sole and absolute discretion. 

Once we have accepted a Purchase, we will: 

• issue you with access to the Product within 2 business days (in Brisbane, Australia). 

3. Fees and payments 

Each Product has a one-off fee which is listed on the Store and is payable in advance. 

All fees are listed in Australian dollars. 

You will arrange for payment in full.

Payment can be made through the Store. 

Once we receive payment in full, we will: 

• give access to the Product in accordance with clause 4 below.

We may, at any time and in our sole and absolute discretion, vary our fees, pricing structure or payment method. Such changes will be displayed on the Store and will apply to you on and from the date of the change. 

All payments are non-refundable. 

4. Access

Once we have received payment in full, we will give access to the Product within 2 business days. 

You acknowledge and agree that, if you do not cooperate with us and comply with our reasonable requests for information or assistance, then: 

• delivery of the Product to you may be delayed; and 

• we are not liable to you for such delays made in accordance with this clause 4. 

5. Delivery 

We will use commercially reasonable endeavours to send you the Product within 2 business days (in Brisbane, Australia) from your payment of the Product. 

Once we have completed the customisation of the Product, we will notify you by email that the Product is ready for use.

You are solely responsible for checking your spam email folder, and making sure hello@bewild.agency is added to your safe senders list through your email provider. 

We are not responsible to you for any loss of data, including the Product, as a result of your failure to access the Product within timeframes set out in this clause. 

6. Our obligations

We guarantee that the Products we supply to you will be:

• developed and customised with due care and skill; 

• fit for any purpose that we advertise or that you advise us of in advance; and 

• supplied promptly and without undue delay. 

We give no other warranty, guarantee or representation about the Products.

7. Your obligations

In accessing the Store, you represent and warrant that: 

• you will cooperate with us and promptly comply with our reasonable requests for information or assistance; 

• you will not submit a Purchase unless you intend to use the Product; 

• any and all information that you submit to us, including in the Purchase, is true, correct and complete; 

• you have the necessary rights, title and interest in the business name and any other elements that you provide to us;  

• you will not: 

  • infringe any intellectual property rights or any other contractual or proprietary rights of another person;

  • interfere with or disrupt the Store, including by transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;

  • do any act, engage in any practice or omit to do any act or engage in any practice that:

    • is or could reasonably be considered obscene, illegal, offensive, inappropriate, defamatory, indecent, threatening or objectionable in any way;

    • would cause us to breach or to be taken to breach a law; 

    • would bring us into disrepute;

  • interfere with the integrity or supply of the Store to all users; or

  • encourage or facilitate violations of the Terms. 

8. Intellectual property rights in Products

We own or are the licensee of all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Products, including any drafts and the final Product that we deliver to you.

On delivery of the final Product, we grant you a perpetual, exclusive, worldwide, transferable, sub-licensable licence to use the Product for your business and commercial purposes. For the avoidance of doubt, we do not grant you a licence in and you are not permitted to use any drafts of the Product. 

Unless agreed otherwise in writing between you and us, your purchase of the Product does not grant or transfer to you any rights, title or interest in relation to the individual components of the Product, including but not limited to the font, colours, images and/or other components.  

You must not:

• resell or otherwise commercialise any of the Products we deliver to you. 

9. Intellectual property rights in Store

We own or are the licensee of all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Store and in or to the material made available to you in providing the Store (together, the Store Content). 

Your use and access of the Store does not grant or transfer any rights, title or interest to you in relation to the Store Content. 

You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any Store Content or any other material in whatever form contained within the Store.

10. Exclusivity

Each Product on the Store will be sold an unlimited number of times.

You acknowledge and agree that you will not be the exclusive customer of us for any purpose or use. For the avoidance of doubt, we may work with and supply Products to your competitors, employees or contractors, without notice or liability to you. 

11. Privacy

We will collect, use and disclose any personal information you provide us when using the Store in accordance with our Privacy Policy.

For more information on our information collection and handling practices, please view our Privacy Policy here.

12. Disclaimer

The Store and Products are provided to you on an 'as is' and 'as available' basis. We give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise of the Store or Products.

We reserve the right to change, suspend or discontinue any aspect of the Store, including removing any Products, at any time and without notice to you.

You are responsible for considering the appropriateness of the Products for your intended application and use and we give no warranty, guarantee or representation that the Products are suitable for or meets your requirements. 

We do not guarantee that the Products are not deceptively similar to any third party trade marks (whether registered or unregistered) and you are responsible for conducting your own enquiries and satisfying yourself as to the suitability of the Products or any issues that may arise from your use of the Product. 

13. Exclusions and limitation of liability

To the fullest extent permitted by law, we are not liable to you for any loss or damage you may suffer or incur in connection with your access and use of the Store or any Product. 

To the fullest extent permitted by law, we exclude liability for special, indirect or consequential damages, including damages for loss of data, loss of or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit.

Any limitations or exclusions do not apply to our liability for loss suffered or incurred by you for: 

• fraud or other unlawful acts;

• gross negligence; or

• liability that cannot be limited or excluded by law, including under the Australian Consumer Law. 

Our total liability to you for all loss or damage arising out of or in connection with the Store or Products will not exceed the fees paid by you under these Terms for the Product giving rise to the liability. 

14. Indemnity

You must indemnify and keep indemnified us, our directors, employees, contractors and agents, Related Bodies Corporate and Related Entities as defined in the Corporations Act 2001 (Cth) (together, Indemnified Persons) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of the Indemnified Persons from any claim, demand, suit, action or proceeding by any person against any of the Indemnified Persons where such loss or liability arose  directly or indirectly out of or in connection with: 

• any breach of these Terms by you; 

• your use or misuse of the Products; and

• any intellectual property infringement claims from a third party arising from your use of the Products,

except to the extent that the loss or liability is caused or contributed to by the act or omission of any of the Indemnified Persons. 

15. Dispute resolution 

The parties must use their reasonable endeavours to resolve through negotiation all disputes, conflicts (including, without limitation, conflicts of interest) differences or questions between them arising out of or in connection with these Terms.

If within 10 business days (that is, days that are not bank holidays in Brisbane, Australia), the dispute cannot be resolved following negotiation between the parties, either party may refer the dispute for arbitration. 

The parties agree to negotiate in good faith to agree on the appointment of a single arbitrator, or failing agreement, as appointed by the President of The Queensland Law Society (if all the parties are situated in Australia) or by the Australian Centre for International Commercial Arbitration Court (ACICA) (where one or more of the disputing parties is not situated in Australia).

The arbitration will be conducted in Australia in accordance with the ACICA Rules operating at the time the dispute is referred to ACICA (the Rules). 

The terms of the Rules are deemed incorporated into these Terms. 

If a party fails to adhere to the terms of this clause 15 and proceedings are subsequently issued by the defaulting party, these Terms can be used as a bar to any proceedings so issued. 

16. Termination

We reserve the right to cease operating the Store, without notice and for any reason. 

We may terminate our relationship with you without notice and with immediate effect if you, in any way, breach these Terms.   

We are not liable for any costs, losses or damages of any kind arising as a consequence of terminating your access to the Store.  

17. Contact us

If you wish to contact us or make a complaint, please contact us at hello@bewild.agency.

18. Variation to the Terms

We may vary, amend or otherwise modify the Terms at any time. 

We will publish the new or varied terms on the Store, at which time they will be effective. 

Your continued use of the Store following posting of the new or varied terms constitutes your acceptance of the terms.

19. Severability

If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid and will not affect the enforceability or validity of the remaining provisions.

20. Jurisdiction

The Terms are governed by the laws in force in Queensland, Australia. 

You and we submit to the exclusive jurisdiction of the courts of Queensland. 

Last update of these Terms and Conditions: 6 November 2023