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Terms of Service

Last Updated: 23/04/2025

Please read these Terms of Service (“Terms”) carefully before accessing or using the Brightkind website (“Service”), which is operated by Brightkind (“Company”, “we”, “us”, or “our”). These Terms govern your use of our website, content, services, and features. By accessing or using any part of the Service, you agree to be bound by these Terms. If you do not agree to all the Terms, then you may not access the website or use any services.

1. Use of Our Website

You are granted a limited, non-exclusive, and revocable licence to use the Brightkind website for your personal, non-commercial use. By doing so, you agree to:

  • Comply with all applicable laws and regulations

  • Refrain from using the site for unlawful, fraudulent, or harmful purposes

  • Avoid posting or transmitting any malicious software, spam, or harmful material

  • Not attempt to gain unauthorised access to any portion of the website or its servers

  • Not interfere with or disrupt the website’s infrastructure, security, or user experience

We reserve the right to deny or restrict access to our website to any user who violates these Terms or engages in conduct we deem inappropriate or unlawful.

2. Accounts

To use certain features of the Service, you may be required to register for an account. When doing so, you agree to:

  • Provide accurate, complete, and up-to-date information

  • Maintain the confidentiality of your account login details

  • Accept responsibility for all activity under your account, including any misuse by others with access to your credentials

We reserve the right to suspend, deactivate, or permanently delete accounts that are misused, inactive, or violate our Terms. You are responsible for updating your account information and notifying us of any unauthorised use.

3. Orders and Payment

When placing an order through our website, you agree that:

  • All information provided is accurate and truthful

  • You have the legal right to use the payment method submitted

  • Orders are subject to product availability and confirmation of the order price

Prices listed are in Australian Dollars (AUD) and include Goods and Services Tax (GST) unless otherwise stated. Orders are processed through secure payment gateways such as Stripe. Shipping costs and delivery times will vary depending on your location and are detailed at checkout.

We reserve the right to cancel orders at our discretion, including but not limited to pricing errors, product availability, or suspected fraud.

4. Product Information

We strive to present products on our site with the highest degree of accuracy. However, due to digital screen differences and photography, product colours and appearances may vary slightly.

We do not warrant that all descriptions, pricing, or other content is error-free, complete, or current. Product dimensions, weights, and other specifications provided are approximate. In cases of significant discrepancy, please contact us.

5. Intellectual Property

All content on the Brightkind website, including but not limited to original designs, artworks, text, images, videos, logos, graphics, icons, software, and layout, is the sole intellectual property of Brightkind or its content creators and is protected by Australian and international copyright, trademark, and intellectual property laws.

The original artwork and designs showcased on our website are created solely by the founder and are a result of unique creative expression. These works are considered protected intellectual property and may not be reproduced, copied, imitated, repurposed, displayed, sold, or distributed in any form without our prior written consent.

Any attempt to replicate, reproduce, or create derivative works of the original designs for commercial, promotional, or non-commercial use will be regarded as a serious breach of our intellectual property rights. We actively monitor for infringement and will pursue all available legal remedies against any individual or entity that infringes upon these rights, including seeking injunctive relief and damages.

You are not permitted to use our content in a manner that misrepresents the source or falsely suggests an association, partnership, or endorsement by Brightkind. Any unauthorised use may result in legal action and termination of your access to the Service.

If you believe any content on the Brightkind website has been used without proper authorisation or infringes your intellectual property rights, please contact us immediately.

6. Links to Third-Party Sites

Our Service may contain links to external websites or services not owned or operated by Brightkind. These links are provided for convenience and informational purposes only.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. We do not endorse or verify the accuracy of third-party content and advise you to read their terms and privacy policies before engaging with them.

7. Limitation of Liability

To the maximum extent permitted by applicable law, Brightkind shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to:

  • Loss of profits or revenue

  • Business interruption

  • Loss of data

  • Reputational harm

This limitation of liability applies whether the claim is based on contract, tort, negligence, strict liability, or otherwise. Our total aggregate liability in any matter arising from or relating to the Service shall not exceed the amount you paid to us in the 6 months preceding the incident.

8. Indemnification

You agree to defend, indemnify, and hold harmless Brightkind and its affiliates, employees, contractors, and partners from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from:

  • Your use and access to the Service

  • Your violation of any term of these Terms

  • Your violation of any third-party right, including intellectual property or privacy

9. Governing Law

These Terms shall be governed by, and interpreted in accordance with, the laws of Queensland, Australia. You agree that any legal action or dispute related to these Terms shall be brought exclusively in the courts located in Queensland.

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be severed and the remaining provisions will continue in full force.

10. Termination

We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, for any reason, including if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. Any provisions of the Terms which by their nature should survive termination shall do so, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Changes to These Terms

We may revise and update these Terms periodically. Any modifications will take effect immediately upon posting on this page. We encourage you to review this page regularly. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

12. Contact Us

If you have questions, comments, or concerns regarding these Terms or your use of the Service, please contact us via our contact form at https://brightkind.co/contact/.

We are committed to providing a transparent and fair experience for all our users.

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