Terms of Use

 

ACCEPTANCE OF TERMS OF USE

Please read the following Terms of Use (the ‘Terms’) completely before using idiello.com or purchasing any of the products available on idiello.com (the ‘Service’) ABN 7462 887 3601 (‘Idiello’). These Terms constitute the legally binding terms and conditions attached to the use of the Service.

Your access to, and use of, the Service is conditional on your acceptance of, and compliance with, these Terms and by using the Service and this website, you are deemed to have accepted the Terms. If you disagree with any part of the Terms you may not access the Service.

For the purpose of these Terms, ‘us’, ‘our’ and ‘we’ refer to Idiello, and ‘you’ and ‘your’ refer to visitors to our website and/or users of our Service.

If you are using the Service on behalf of a company or other entity, then ‘you’ includes that entity, and you are binding that entity to the Terms. You represent and agree that you have all necessary legal power and authority to enter into a contract with Idiello on behalf of that entity and bind that entity to the Terms.

OUR SERVICE

Idiello is a creative marketing platform that offers ready-made creative marketing Idea Kits (the ‘Idea Kits’ or ‘Kits’) for purchase. These Kits contain comprehensive and authentic creative concepts that are designed to be implemented across a range of industries and business types, and are fully supported by concept-specific instructions that guide their execution.

We offer three types of Idea Kits: Brand Kits; Agency Kits; and Custom Kits. Brand Kits are designed for use by individual businesses or brands, and include a limited license. Agency Kits are designed for businesses that are implementing the resources for multiple clients of its own. As such, each Agency Kit includes a limited, multi-use license. Custom Kits are designed for those who have a specific brief or want a bespoke creative campaign concept. Each Custom Kit will have exclusive licensing included.

Each Kit is available for one-off purchase or by purchasing a monthly subscription. With each subscription purchased Idiello will deliver two new creative campaign kits per month, including a selection of downloadable resources, access to our exclusive members-only Facebook group and online enquiry support. Agency Kits will also include agency standard implementation tools and guides. The marketing concepts included in each Kit are designed to be used in conjunction with the accompanying support material, guides and resources supplied by us.

Brand Kit subscribers receive a 30-minute Strategist Consultation each quarter and Agency Kit subscribers receive a 30-minute Strategist Consultation each month.

ACCEPTABLE USE OF OUR SERVICE

You must be 18 years or older to access our Service and you may only access the Service in compliance with all local, State, Territory, and international laws, rules, and regulations.

EXCLUSIVITY

You agree that the creative concepts delivered by Idiello as part of the ready-made Kits are not exclusive to you or your particular business or industry.

An exception to this is where there exists more than three businesses in the same geographical location and in direct competition with each other that receive the Service. In this situation, we will provide an alternative, non-exclusive Kit to those purchasers at our discretion; however, this will not be tailored to the specific industry.

LICENSING

Subject to the Terms, we grant all purchasers of Brand Kits a limited, single use license to access and use the Service solely for purposes related to a single business and/or brand entity.

Subject to the Terms, we grant purchasers of Agency Kits a limited, multi-use license to access and use the Service for purposes relating to multiple businesses and/or brand entities.

Subject to the Terms, we grant purchasers of Custom Kits an exclusive license to use the Service according to the terms agreed between the purchaser and Idiello.

In each case, all licenses granted by Idiello are non-exclusive, non-transferable, non-sub licensable and revocable.

RESTRICTIONS ON USE

You are solely responsible for your use of the Service and the information and resources it provides, and agree to use the Service in a legal and proper manner, which is compliant with all local, State, Territory and international laws, rules, and regulations.

Except as permitted under license, you may not sub-license, transfer, share, redistribute or otherwise provide access to the Service to a third party, or copy, resell, make derivative works from, or otherwise allow third parties to utilise or access the resources and concepts provided by the Service from time to time in any medium or format at any time.

For any other use or distribution, you must have express written consent from Idiello.

INTELLECTUAL PROPERTY

This website and all of its original content, including the design, layout, look, appearance, trademarks, images, logos, text, illustrations, resources, concepts, service marks, graphics and other associated intellectual property, are the sole property of Idiello and are, as such, fully protected by the appropriate copyright, trademark and other intellectual property rights laws.

You are not permitted to republish, upload, reproduce, transmit electronically or otherwise, or distribute any of the documents, information or content on the website or obtained via our Service for the purposes of sale or the use by any third party, except as otherwise permitted by express license.

We expressly reserve all intellectual property, including copyright and trademarks in all documents, information, materials and content on our website and provided by our Service and we reserve the right to take action against you if you breach any of these Terms.

ACCOUNTS

It is your responsibility to ensure that the personal information you provide to us when registering for your account membership is accurate and correct. You can make changes to your account at any time by logging in with your username and password.

You are responsible for any activity that takes place under your name and password. Do not disclose your confidential log-in details to anyone. Should you become aware of any unauthorised activity on your account, please contact Idiello immediately.

PAYMENT INFORMATION

Payments for our Service are made through a third-party platform (the ‘Payment Processor’). When you purchase a Kit or a subscription you will be rerouted through the Payment Processor where you will be asked to create an account for payment. It is your responsibility to ensure that payment information and account information is current and correct.

WARRANTIES

Your use of the Service is at your sole risk. Idiello, its directors, employees, contractors and affiliates expressly disclaim all warranties of any kind whether express or implied, including the implied warranties of merchantability, fitness for particular purpose and non-infringement. It shall be your responsibility to ensure that any products, services or information available through this website or the Service meet your specific, personal requirements.

In addition to the above, you expressly acknowledge and agree that Idiello makes no warranty or predictions: (i) that the Service will meet your requirements; (ii) that the Service will be uninterrupted, secure or error-free; (iii) that any results, financial or otherwise, obtained from the use of the Service will be accurate or reliable; or (iv) as to the quality of any products, services, information or other material purchased or obtained by you using the Service.

Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk.

No advice or information, whether oral or written, obtained by you from Idiello or through or from the Service shall create any warranty not expressly stated in these Terms.

Idiello makes no warranty of any kind with regard to the Payment Processor or any other third party affiliate. You are advised to refer to the terms and conditions of the Payment Processor, or any applicable third party affiliate, before accepting services.

RELEASE OF LIABILITY

You acknowledge and agree that Idiello is not liable for any loss or damage you may suffer related to your use of the website or Service.

Without limiting the previous release, you acknowledge and agree that this includes any loss or damaging arising from inaccuracies, errors or omissions in our documents or information, any goods or services we may offer or from any other use of the website and including as a result of negligence. This includes your use or reliance on any third party content, links, comments or advertisements.

You further acknowledge and agree, without limiting the previous release, that Idiello cannot be held liable for any loss or liability, financial or otherwise, resulting from incorrect, inappropriate or unauthorised execution of concepts, or application of the resources, tips, guidelines or other support material provided by the Service. This also includes loss or liability, financial or otherwise, occurring from resources, tips, guidelines or other support material provided by the Service not being applied or followed as directed by the terms of the Service.

You further acknowledge and agree that Idiello is not liable for any loss or damage that you may suffer related to your use of services of the Payment Processor or any other third party affiliate.

ILLEGAL USE

You agree that Idiello cannot be held liable for any loss or liability, legal, financial or otherwise, which may arise from use of the Service in relation to illegal conduct pursuant to business or other activities.

Use of the Service for illegal business or other activities will result in the immediate termination of the Service without a refund of previous monies paid.

CHANGES TO OUR SERVICE

We reserve the right to change prices relating to our Service at any time.

Idiello also reserves the right at any time from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Idiello shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service for any reason including, but not limited to, any loss of data, content, files or otherwise.

You understand and agree that we are not liable to you or any third party for any loss or liability, financial or otherwise, that may arise as a result of any modification, suspension, or discontinuance of the Service.

TERMINATION OF SERVICE

By accessing and using this website or the Service, you agree to the Terms and understand that we may terminate or suspend our Service, including your access to the website and our closed Facebook group as well as ongoing support services, at any time without notice, for any reason and without a refund of monies paid, including for a breach of these Terms.

Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your access to the website and the Service immediately and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website and you may be referred to the appropriate law enforcement authorities

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

NO-REFUND POLICY

We have a no-refund policy, except where required by Australian Competition and Consumer Commission Law. Your payment to Idiello is considered final.

PRIVACY POLICY

At Idiello, we take your privacy seriously. Please review our Privacy Policy for details about how we collect, use and protect your information.

JURISDICTION

These Terms and this website are subject to the laws of New South Wales, Australia. If there is a dispute between you and Idiello that results in litigation then you must submit to the jurisdiction of the courts of New South Wales, without reference to conflict of law principles, except to the extent those laws cannot be contracted out of.

WAIVER AND SEVERABILITY OF TERMS

No right under these Terms shall be deemed to be waived except by notice in writing signed by you and Idiello. A waiver by Idiello pursuant to this clause will not prejudice its rights in respect of any subsequent breach of these Terms by you.

If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Idiello and governs your use of the Service, superseding any prior agreements between you and Idiello with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other affiliate services, third-party content or third-party software.

CONTACT

If there are any queries pursuant to the above Terms, please contact Idiello at support@idiello.com.