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BKP CREATIVE

GLOBAL TERMS OF SERVICE

EFFECTIVE DATE: 1 May 2025

This Global Terms of Service Agreement ("Agreement") is entered into by and between BKP Creative, a business established in Victoria, Australia ("Company," "we," "us," or "our") and you, the user ("User," "you," or "your").

This Agreement governs your access to and use of the Company's services, including the Business Kickstart Program, Power and Pen, and Bren Voyages (collectively, the "Services").

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE SERVICES.

 

1. SERVICES DESCRIPTION

1.1 Business Kickstart Program

The Business Kickstart Program provides comprehensive business and project planning education, travel planning guidance, and valuable resources for business development and project management to home-based entrepreneurs.

1.2 Power and Pen

Power and Pen offers estate planning education and resources for digital estate planning.

1.3 Bren Voyages

Bren Voyages offers travel planning tools, cruise guidance, and destination guides.

 

2. REGISTRATION AND ACCOUNT

2.1 Account Creation

To access certain features of the Services, you may be required to register for an account.

You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2.2 Account Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to notify us immediately of any unauthorized use of your account.

 

3. PAYMENT TERMS

3.1 Currency

All prices for our Services are listed in United States Dollars (USD) unless explicitly stated otherwise.

3.2 Payment Processing

Payments are processed through secure third-party payment processors. By providing payment information, you represent and warrant that you are authorized to use the designated payment method.

3.3 Taxes

You are responsible for paying all taxes, duties, and other governmental charges applicable to your purchase of the Services. The displayed prices do not include these charges unless explicitly stated.

3.4 Refunds

Refund eligibility varies by Service:

  • Business Kickstart Program: Refunds are available within 14 days of purchase if no more than 20% of the content has been accessed.
  • Power and Pen: Refunds are available within 7 days of purchase if no documents have been generated.
  • Bren Voyages: All sales are final for destination guides. Consultations may be rescheduled but are non-refundable within 48 hours of the scheduled time.

 

4. INTELLECTUAL PROPERTY

4.1 Ownership

The Services, including all content, features, and functionality, are owned by the Company and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2 License to Use

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal or internal business purposes.

4.3 User Content

You retain all rights to any content you submit, post, or display through the Services ("User Content"). By providing User Content, you grant us a worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such User Content to provide and promote our Services.

4.4 Restrictions

You shall not:

  • Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without express written permission
  • Remove any copyright, trademark, or other proprietary notices
  • Attempt to decompile, reverse engineer, or disassemble any software contained in the Services
  • Access or use the Services for developing competing products or services

 

5. USER CONDUCT

5.1 Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with the terms of this Agreement.

You agree not to use the Services:

  • In any way that violates any applicable law or regulation
  • To transmit any material that is defamatory, obscene, or otherwise objectionable
  • To impersonate any person or entity, or misrepresent your affiliation with a person or entity
  • To interfere with or disrupt the Services or servers or networks connected to the Services

5.2 Content Guidelines

User Content must not:

  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights
  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • Promote illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous

 

6. INTERNATIONAL ACCESS AND USE

6.1 Global Availability

The Services are accessible globally; however, some or all features may not be available in your country, and we reserve the right to restrict access to the Services in certain countries at our discretion.

6.2 Regional Compliance

While we offer our Services globally, we make no representation that the Services comply with the laws of all jurisdictions.

You access the Services at your own risk and are responsible for compliance with local laws.

6.3 Country-Specific Provisions

The following country-specific provisions apply if you access or use our Services from these locations:

6.3.1 Australia
  • Our Services come with guarantees that cannot be excluded under the Australian Consumer Law.
  • The laws of the State of Victoria, Australia, will govern all disputes arising under this Agreement.
6.3.2 United States
  • If you are a California resident, you may have additional rights under the California Consumer Privacy Act.
  • Disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules.
6.3.3 United Kingdom
  • You have certain rights under the Consumer Rights Act 2015 and Consumer Contracts Regulations 2013.
  • We process your data in accordance with the UK General Data Protection Regulation.
6.3.4 Canada
  • If you are a resident of Quebec, the Consumer Protection Act may provide you with additional rights.
  • This agreement is available in English. Le présent contrat est disponible en anglais.
6.3.5 New Zealand
  • Our Services come with guarantees under the Consumer Guarantees Act 1993 that cannot be excluded.
  • Nothing in these Terms limits your rights under the Fair Trading Act 1986.

 

7. PRIVACY

7.1 Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by reference. Please review our Privacy Policy to understand our data collection and processing practices.

7.2 Data Processing

We collect and process personal information in accordance with applicable data protection laws, including the Australian Privacy Act 1988 (Cth). Information about our data collection practices can be found in our Privacy Policy.

 

8. DISCLAIMER OF WARRANTIES

8.1 Service Provided "As Is"

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 No Guarantee of Results

We do not guarantee any specific results from the use of our Services. Business and financial advice provided is for educational purposes only and should not be considered legal, financial, or professional advice.

 

9. LIMITATION OF LIABILITY

9.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES.

9.2 Maximum Liability

WHERE LIABILITY CANNOT BE EXCLUDED, OUR MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE CLAIM OR $100 USD, WHICHEVER IS GREATER.

 

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and licensors from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you or arising from your User Content.

 

11. TERM AND TERMINATION

11.1 Term

This Agreement shall remain in full force and effect while you use the Services.

11.2 Termination by You

You may terminate your account at any time by contacting us at [email protected] or by following the instructions on our website.

11.3 Termination by Us

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach this Agreement.

11.4 Effect of Termination

Upon termination, your right to use the Services will immediately cease.

All provisions of this Agreement that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

12. MODIFICATIONS TO THE AGREEMENT

We reserve the right to modify this Agreement at any time.

We will provide notice of material changes through the Services or via email.

Your continued use of the Services after such modifications will constitute your acceptance of the updated Agreement.

 

13. GENERAL PROVISIONS

13.1 Governing Law

This Agreement shall be governed by the laws of Victoria, Australia, without regard to its conflict of law provisions.

13.2 Dispute Resolution

Any dispute arising from this Agreement shall be resolved through the courts of Victoria, Australia, except as modified by country-specific provisions in Section 6.3.

13.3 Force Majeure

We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, pandemics, terrorism, riots, embargoes, acts of civil or military authorities, or interruptions of telecommunications, power, or network services.

13.4 Assignment

You may not assign or transfer this Agreement without our prior written consent. We may freely assign this Agreement without restriction.

13.5 Entire Agreement

This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and the Company regarding the Services and supersedes all prior and contemporaneous agreements, proposals, or representations.

13.6 Severability

Suppose any provision of this Agreement is held to be unenforceable or invalid. In that case, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

13.7 No Waiver

Our failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights.

 

14. CONTACT INFORMATION

If you have any questions about this Agreement, please get in touch with us at:

BKP Creative
Email: [email protected]

By using our Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

Privacy Policy