Digital Products Terms of Service

Overview

Welcome to Bracken & Berry. By purchasing a digital product from Bracken & Berry on Gumroad, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”). If you do not agree with any part of these Terms, you should not use or download our digital products or services.

 

1. Products

The products offered for sale on Gumroad by Bracken & Berry are digital products, including but not limited to tutorials, eBooks, courses, designs, and templates. The products are provided "as is" and without any warranty, express or implied, unless otherwise stated in writing by us. Upon purchase, you will be granted a non-transferable, non-exclusive license to use the digital product for personal or lawful business use, as outlined in these Terms.

 

2. License and Usage

  • License: We grant you a limited, non-exclusive, non-transferable, and non-sublicensable license to use the digital product for personal or lawful business purposes.

You may not:

  • Resell, redistribute, or sublicense the digital product in any form.
  • Modify, reverse engineer, or disassemble the digital product in any derivative form.
  • Use the digital product for any illegal or unauthorized purpose.

 

3. Payment and Delivery

  • Payment: All payments are processed through Gumroad. You agree to provide accurate and complete payment information.
  • Delivery: Upon successful payment, you will receive access to download the digital product immediately via a link provided on the Gumroad platform. It is your responsibility to download the digital product within a reasonable time frame.

 

4. Refund Policy

  • Refunds: Due to the nature of digital products, Bracken & Berry does not offer refunds for digital products purchased through Gumroad.
  • Exceptions: If you are not satisfied with your purchase or experience technical issues that prevent the digital product from being downloaded or used as described, please contact us via email and we will endeavour to resolve the issue. Any exceptions to our refund policy are considered on a case-by-case basis and subject to our review and approval. Please address any concerns to hello@brackenandberry.com.au

 

5. Intellectual Property

  • License: All digital products sold by Bracken & Berry on Gumroad remain the intellectual property of Bracken & Berry. We retain all rights to the product, including copyright and trademarks. You are purchasing a license to use the product, not ownership of the product itself.
  • Restrictions: You may not redistribute, sublicense, transfer, or sell the digital product to any third party without the explicit written consent of Bracken & Berry.

 

6. User Conduct

Responsibility: You are responsible for your interactions with other users and for any content you share or upload.

Prohibited Activities: You agree not to:

  • Use the digital products for any illegal or unauthorized purpose.
  • Engage in any activity that could harm our products or services.
  • Interfere with or disrupt the access of other users.
  • Engage in any abusive, harassing, or threatening behaviour.

 

7. Privacy

  • Data Collection: We may collect personal information from you during the purchase process, including your name, email address, and payment information.
  • Data Use: Your personal information will be used to process the purchase and to provide customer support. We will not share your information with third parties except as necessary to process the transaction or as required by law.

 

8. Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all digital products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.


In no case shall Bracken & Berry, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any digital products procured using the Service, or for any other claim related in any way to your use of the Service or any digital product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or digital product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

9. Indemnification

You agree to indemnify, defend, and hold harmless Bracken & Berry and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of the digital products.
  • Your violation of these Terms.
  • Your violation of any third-party rights, including without limitation any intellectual property rights.

 

10. Modifications to Terms

We may update these Terms of Service from time to time. Any changes will be posted on this page, and the effective date will be updated accordingly. It is your responsibility to review these terms regularly to stay informed of any updates.

 

11. Governing Law and Dispute Resolution

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

 

12. Contact Information

Questions about the Terms of Service should be sent to us at hello@brackenandberry.com.au.

 

Last updated February 28, 2025.