Terms and Conditions
Please read these terms and conditions (“terms”) carefully before using this site.
1. Who we are and how to contact us
1.1 www.bookenblend.com is a website (“Site”) operated by Booth Sandhill Pty Ltd ATF Booken Trust ABN 63 299 366 755 (we, us and our).
1.2 To contact us, please email lisa@bookenblend.com.
1.3 Reference to the Site, includes any goods or products we have listed for sale on the Site from time to time, which includes sustainable house design packs (“Products”).
2. Agreement
By using or visiting our Site, you confirm that you accept these Terms and that you have read and agree to comply with them. If you do not agree to these Terms, you must not use our Site. You agree you are at least 18 years old and are residing in and using this Site within Australia to make any purchases on our Site.
3. We may make changes to these Terms
3.1 We may amend these Terms from time to time. Every time you wish to use our Site, please check these Terms to ensure you understand the Terms that apply at that time. By continuing to use our Services after the amendments take effect, you agree to be bound by the Terms as amended.
3.2 These Terms were most recently updated on 7 March 2024.
4. We may make changes to our Site
We may update and change our Site from time to time to reflect changes to our Products, our users' needs, changes in law and our business priorities.
5.We may suspend or withdraw our Site
5.1 Our Site is made available free of charge.
5.2 We do not guarantee that our Site, or any content or Products on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Site or Products for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
5.3 This Site is provided on an "as is" and "as available" basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Site.
6. Placing an Order for Products
6.1 By placing a request to purchase Products under these Terms on the Site (“Order”), you are making an offer to enter into an agreement to purchase the Product(s) in that order. Orders will be deemed received by us at the time we send an order confirmation to your nominated e-mail address. It is your responsibility to ensure that the correct email address and contact details are entered with your Order. Each Order you place will be a separate contract.
6.2 Unless otherwise agreed by us, you acknowledge that all Products purchased under these Terms are intended for personal use only and will not be re-sold.
6.3 After you have paid for the Product, you will be able to download the Product immediately after purchase and the Product will delivered to your nominated email address and available for download.
7. Price and Payment
7.1 When you place an Order, we will charge you and you agree to pay the advertised price (“Price”).
7.2 All Prices are in Australian Dollars and are exclusive of GST. You will be required to pay the additional GST component upon placing the Order.
8. Use of the Products
8.1 Unless otherwise agreed by us in writing, payment of the Price will entitle you to a royalty free, non-exclusive, non-transferable, non-sublicensable licence to use, download and store the Product(s) in accordance with the following terms. You acknowledge that you have purchased a licence to use the Product, and that the grant of this licence does not constitute a transfer of ownership.
Dream It and Plan It Packs
8.2 You may not, unless otherwise expressly permitted:
a) sell, sub-licence, distribute, display, copy, disassemble, decompile, reverse engineer, translate, transfer, or otherwise make available any Product and/or its content to any other person;
b) use any Product or its content to create any derivative works or products that could be considered competitive products;
c) allow any third party to access, benefit or use any Product or its content in any way; or
d) share any password, username or other access information that can be used to access any Product or its content.
Build It Pack
8.3 Upon your purchase of the Build It Pack, we grant you a non-exclusive, non-transferable, revocable licence to use the intellectual property contained within the Build It Pack for the sole purpose of creating and realising your sustainable house design. This license includes the right to modify the contents of the Build It Pack to suit your specific project requirements. However, it is expressly understood that this license does not confer any ownership rights in the intellectual property to you. The intellectual property shall remain our sole property, and any unauthorised use, reproduction, or distribution of the intellectual property outside the scope of this licence is strictly prohibited.
8.4 You acknowledge that the Build It Pack is provided for personal use only, and under no circumstances shall the intellectual property be used for commercial purposes without obtaining a written Business License from us. Any derivative works created using the intellectual property from the Build It Pack shall acknowledge the source of the intellectual property and shall not be used in a manner that competes with or infringes upon our proprietary rights.
8.5 You will maintain all security measures as may reasonably be required to prevent any unauthorised access to or use of any Product.
8.6 Your rights under these Terms may be revoked if you fail to comply with any of the Terms, and upon notice of revocation you will, and will procure that anyone else to whom you have provided access to any Product will, immediately:
a) cease to use or access the Product and its content; and
b) destroy all copies of the Product, its contents and any information or derivative works which have been created or acquired by you as a result of or in connection with these Terms.
8.7 You agree to indemnify us, our employees, officers and licensors against any and all liability arising from your or any third party’s unauthorised use of any Product or its contents provided to you and any use by you or any third party of any derivative works made by you.
9. Product Refunds
9.1 Unless provided for under these Terms or as otherwise agreed by us, no refunds Orders will be accepted. You should carefully check that the Product is accurate and appropriate before you place your Order.
9.2 If you are unhappy with your Order for a legitimate reason such as the Product was misdescribed, we will offer an appropriate refund if it can be shown that the Order you were charged for was not provided as it should have been. Depending on the circumstances, we may, in our sole discretion, provide a full or partial refund of the Price, or provide you with credits to be applied to future purchased. You must contact customer service at lisa@bookenblend.com within three (3) days of receiving your Product to qualify for a refund due to defective goods.
9.3 No change of mind refunds will be given.
9.4 We will refund all monies to the original payment method that was used to pay for the Order.
10. Workshops
Ticket Purchase
10.1 You may purchase a ticket either via our Website or through a third party ticketing platform at our discretion. Tickets purchased through a third party ticketing program may be subject to third party terms and conditions.
10.2 Workshops have limited capacity, and attendance is on a first-come, first-served basis. Early registration is encouraged to ensure participation.
10.3 In purchasing a ticket, you agree that:
a) You will pay the nominated price for the ticket at the time of purchase, plus any ticket booking and any credit card surcharge or administration fees;
b) your booking at the Workshop is confirmed once you have received an email notification and receipt from us;
c) entry to the Workshop will be permitted on presentation of your ticket or booking confirmation; and
d) ticket prices may be subject to change and we will use best endeavours to inform you of any changes.
Refunds, Credits and Transfers
10.4 If you cancel your tickets within 24 hours of purchase (“Cancellation Notice Period”), we will give you a full refund of your ticket price through our ticket booking platform.
10.5 No exchange, credit or refund will be given for any cancellations that are not made within the Cancellation Notice Period. No refund or credit will be provided if you did not enjoy the Workshop, arrive late, or are unable to attend the Workshop. Tickets are non-transferrable.
Workshop Cancellation, Rescheduling or Postponement
10.6 If the Workshop is cancelled, rescheduled or postponed for any reason then this clause will apply.
10.7 If the Workshop is postponed, your ticket will be automatically transferred to the new date for the postponed Workshop.
10.8 If the Workshop is cancelled by us we reserve the right to either:
a) automatically transfer the ticket to a new date for the Workshop; or
b) provide you a refund of the ticket price.
10.9 We will use reasonable endeavours to notify you of any cancellations, rescheduling or postponements of the Workshop through email, however it is your responsibility to ascertain whether an Workshop has been cancelled, rescheduled or postponed. Any refund or credit issued to you under this clause will be your sole remedy for a postponement or cancellation of the Workshop and we will have no further liability to you in respect of any cancellation, rescheduling or postponement of an Workshop for any reason
Variation of Workshop
10.10 We reserve the right to vary the Workshop if required due to circumstances beyond our control.
10.11 If the Workshop is varied in accordance with this clause, no refund or credit will be provided under these circumstances. We will use reasonable commercial endeavours to notify you as soon as reasonably possible of the variation details and specifications if this is to occur.
Your obligations at the Workshop
10.12 When attending a Workshop, you agree to:
a) behave in a professional and appropriate manner at all times during the Workshop;
b) not attend the Workshop if you have any symptoms of cold, sickness or flu, regardless of whether or not you have been tested for COVID-19;
c) leave the Workshop if we make a request that you do so due to unacceptable behaviour at our absolute discretion; and
d) not use any camera, audio or video recorders at the Workshop.
10.13 We reserve the right to refuse entry or require you to leave the Workshop if your behaviour is deemed unacceptable at our absolute discretion.
10.14 We will provide participants with any necessary materials for the Workshop as part of the registration fee, unless otherwise noted in the Workshop description. Participants may not distribute, reproduce, or use the Workshop materials for any commercial purposes without explicit written permission from us.
Photography and Recording Release
10.15 We may take photographs (“Photographs”) and recordings (“Recordings”) at the Workshop. You agree that:
a) accepting these Terms means you consent to being filmed or photographed by us (or our representatives) and for us to use your name, likeness, image and/ or voice in such photographs or films for the purposes of promoting our Workshops, services and products;
b) no remuneration is payable to you for our use of such Photographs and Recordings;
c) you release us from any infringement or violation of personal and or property rights of any sort based on our use of such Photographs or Recordings; and
d) we are not obligated to use any Photographs or Recordings.
10.16 If you do not wish to be photographed or recorded at the Workshop, you must advise us prior to the start of the Workshop.
However, note that we cannot and do not guarantee that you will not appear in the background of a Photograph or Recording and we reserve the right to refund your ticket at our discretion if this is not feasible.
Workshops Disclaimer
10.17 You agree to attend our Workshops on the basis that we do not guarantee any specific outcome or result with respect your attendance and participation in the Workshop.
10.18 Participants acknowledge that they participate in Workshops at their own risk. We are not liable for any personal injury, damage, or loss of property arising from or in connection with attendance at a Workshop, except to the extent such liability cannot be excluded by law.
10.19 Participants agree to indemnify, defend, and hold harmless us, our directors, officers, employees, and agents from and against any claims, liabilities, losses, damages, expenses, and costs arising from or in connection with their conduct, actions, or omissions during a Workshop or any damage that occurs to our property.
Workshop Refunds
10.20 If, after having fully engaged with the Workshop materials, including watching all provided videos and completing the associated workbooks, you find yourself not satisfied with the value of the Workshop, we offer a money-back guarantee. To qualify for this refund, you must demonstrate your engagement with the Workshop materials as described above and express your dissatisfaction within one month of the Workshop's conclusion. Requests for refunds must be submitted to our customer service team at lisa@bookenblend.com, accompanied by evidence of your engagement with the Workshop materials. This money-back guarantee is intended to offer peace of mind to our attendees and reinforce our commitment to delivering high-quality, impactful Workshops.
11. Liability
11.1 Both parties total liability, save for your non-payment of the Price, or any of our loss arising out of your unauthorised use or disclosure of the Products, both of which is uncapped, arising out of or in connection with the Products or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Product to you, or the Price paid by you in the preceding 12 months.
11.2 Neither party is liable to the other in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise for any loss of profit or revenue (whether direct or indirect), loss of opportunity or loss of goodwill, and/or any indirect, special or consequential loss of any kind.
11.3 Nothing in the Agreement will limit a person’s liability for: a) death or personal injury caused by that person’s negligence; b) that person’s fraud; or c) anything else that cannot be limited by law.
11.4 The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely.
12. Disclaimer
12.1 The House Design Packs, including the Dream It and Plan It Packs and Build It Pack (collectively, "Design Packs"), provided on www.bookenblend.com are intended for general information and personal use only. The intellectual property and content contained within these Design Packs are provided 'as is' without any guarantees, conditions, or warranties as to their accuracy, completeness, suitability for a specific purpose, or otherwise.
12.2 It is your responsibility to ensure that the use of the Design Packs meets your personal requirements and is suitable for the purposes for which it is used. We do not represent or warrant that the suggestions, materials, and designs contained within the Design Packs or given at a Workshop will be error-free, that defects will be corrected, or that the Design Packs or the server that makes them available are free of viruses or other harmful components.
12.3 The Design Packs or any information given at a Workshop do not take into account the specific needs, objectives, or circumstances of any individual or entity, and they are not intended to be relied upon as architectural, engineering, or professional advice. We strongly recommend that you seek professional advice before acting on any information provided in the Design Packs or at a Workshop. The use of these Design Packs is not a substitute for professional judgment and expertise, especially in relation to legal, structural, safety, and zoning requirements.
12.4 Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
12.5 Sustainable house building involves complex considerations, including but not limited to environmental impact, local regulations, building codes, and personal safety. We strongly advise that you consult with professionals in architecture, engineering, and environmental science to ensure that any sustainable house building projects meet legal standards and are safe for habitation.
12.6 This disclaimer does not exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
13. Privacy
You agree to allow us to send you emails regarding our business, including any information regarding or relating to our goods and services, in accordance with our Privacy Policy. Please see our Privacy Policy for information about our privacy practices.
14. We are not responsible for viruses
We do not guarantee that our Site will be secure or free from bugs or viruses or any other type of malicious code or software. You are responsible for configuring your technology to access our Site. You should use your own antivirus software.
15. We are not responsible for websites we link to
Where our Site contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only and you access third party websites subject to the terms and conditions for those websites.
16 General
16.1 Termination: These Terms are effective until terminated by either party, upon reasonable notice. In the event of termination, Terms which expressly or by implication from its nature is intended to survive the termination (including limitation of liability and intellectual property) will survive.
16.2 Disputes: In the event of any dispute arising from, the parties must attempt to resolve the dispute in good faith. If the parties do not resolve the dispute between themselves, they may refer the dispute to a mediator.
16.3 Force majeure: No party will be liable to another if it fails to meet its obligations due to matters beyond its reasonable control, including but not limited to an act of god, strike or pandemic.
16.4 Severability: Any provision of these Terms which is void, illegal or otherwise unenforceable will be severed to the extent permitted by law without affecting any other provision of the Terms.
16.5 Relationship: These Terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between us and you or any other party unless expressly stated otherwise.
16.6 Entire agreement: These Terms form the entire agreement between the parties in relation to the Products. It replaces any earlier agreements, representations or discussions. This clause survives termination of these Terms.
16.7 Jurisdiction: These Terms are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the Victorian courts. Although the Services may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Products, comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located. This clause survives termination of these Terms.