03.10.204
We are so happy you found your way to our corner of the internet. Thank you for becoming a part of our online community. At Midnight Bloom Creative Design ("Company," "we," "us," or "our"), your privacy is of paramount importance to us. This Privacy Policy outlines how we collect, use, store, and share your personal information in connection with your use of our website, services, and interactions with our brand.
By visiting our website midnightbloomcd.com ("Website"), you agree to the practices outlined in this policy and acknowledge that we are committed to complying with Australian privacy laws, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).
1. What This Policy Covers
This Privacy Policy applies to any personal information collected through:
Our Website.
Client inquiries, consultations, and service agreements.
Forms and surveys submitted by you.
Email subscriptions, newsletters, and marketing communications.
Interactions with third-party service providers we use to facilitate our services.
It also applies to information collected automatically through cookies and similar tracking technologies when you browse our Website.
2. Services We Provide
Midnight Bloom Creative Design offers the following services:
-Website Design and Development: We collect and process personal information during the design consultation, throughout the project development process, and to deliver the final product.
-Branding Consultation and Creative Services: Personal data is used to better understand your business, industry, and vision to deliver customised branding solutions.
3. Types of Personal Information We Collect
To provide our services effectively, we collect the following categories of personal data:
-Contact Information: Full name, email address, phone number, and physical address.
-Business Information: Business name, industry details, website URL, and business objectives.
-Financial Information: Payment details, including credit card or bank account details (handled securely through third-party payment processors).
-User Preferences and Feedback: Information related to your preferences and feedback collected through forms, consultations, and communications.
-Usage Data: IP address, browser type, geographic location, and behaviour data (such as which pages you visited) collected through cookies and similar technologies.
-Project Information: Creative briefs, branding preferences, and strategic objectives shared during consultations.
We collect this data when:
You provide it to us directly through forms, surveys, or consultations.
We collect it automatically as you browse our Website (through cookies and analytics tools).
Third-party service providers (e.g., payment processors or social media platforms) share data with us as needed for your project.
4. How We Use Your Personal Information
We use your personal information to:
-Deliver Services: We collect and use your data to communicate with you, design and deliver projects, manage timelines, and ensure quality service.
-Improve Our Website and Services: We analyse browsing data and feedback to improve user experience, optimise service delivery, and enhance client satisfaction.
-Communicate with You: We use your contact information to send you updates, respond to inquiries, provide project updates, and deliver email newsletters.
-Marketing and Advertising: With your consent, we may send promotional emails or materials about our services or those of our trusted partners. You can opt out of receiving these communications at any time.
-Legal Compliance: We may process your personal data as required to comply with Australian laws or respond to legal requests from authorities.
5. Sharing and Disclosing Your Information
We value your privacy and only share personal data in specific circumstances:
-Third-Party Service Providers: We may share data with trusted service providers who assist us in delivering our services, such as payment processors, cloud storage providers, and marketing platforms.
-Business Partners: If necessary for project delivery, we may collaborate with third-party contractors, including photographers, graphic designers, or other creative professionals.
-Legal Compliance: We may disclose your personal data if required by law, such as in response to a court order or regulatory investigation.
We ensure that third-party service providers adhere to strict confidentiality and data protection standards.
6. Cookies and Automated Collection
We use cookies and similar technologies to collect information about your browsing habits, device, and location for analytical and marketing purposes. Cookies help us understand how you engage with our Website and services, allowing us to improve user experience and deliver tailored content.
Types of cookies we use:
-Essential Cookies: Necessary for the proper functioning of the Website.
-Performance and Analytics Cookies: Collect data on user behaviour and help us optimise our Website.
-Marketing Cookies: Used to display relevant ads and track campaign effectiveness.
You can manage or disable cookies through your browser settings. Please note that disabling certain cookies may affect your ability to use some features of our Website.
7. Data Security
We take reasonable steps to ensure that your data is securely stored and protected from unauthorised access, alteration, or misuse. This includes using encryption, secure data storage methods, and restricted access to your personal information.
While we strive to protect your data, no online data transmission is completely secure. By using our services, you acknowledge the risks involved in providing personal information over the internet.
8. Data Retention
We retain your personal data for as long as necessary to fulfil the purposes outlined in this Privacy Policy or as required by law. When we no longer need your data, we securely delete or anonymise it.
If you wish to have your personal information deleted before this period, you can request this by contacting us at hello@midnightbloomcd.com.
9. Your Rights Under Australian Privacy Laws
Under Australian law, you have the following rights regarding your personal data:
-Access: You have the right to request access to the personal data we hold about you.
-Correction: If any of your information is incorrect, you may request that we update it.
-Deletion: You may request that we delete your personal information, except where retention is required by law.
-Complaints: You have the right to make a complaint if you believe we have mishandled your data or violated your privacy.
To exercise any of these rights, contact us at hello@midnightbloomcd.com. We will respond to your request within a reasonable timeframe.
10. Opting Out of Marketing Communications
If you no longer wish to receive marketing communications from us, you can unsubscribe at any time by clicking the "unsubscribe" link in our emails or contacting us directly at hello@midnightbloomcd.com.
You can also manage your cookie preferences via your browser settings to control how your data is used for marketing purposes.
11. Changes to This Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our business practices or Australian privacy laws. We will post any updates on our Website and notify you of significant changes via email if applicable.
The date of the latest update will be listed at the top of this Policy.
12. Contact Us
We take your privacy seriously and are here to answer any questions or concerns you may have. If you have any questions about this Privacy Policy, your personal data, or how we handle your privacy, please contact us at hello@midnightbloomcd.com.
This Privacy Policy reflects Midnight Bloom Creative Design's commitment to protecting your personal information in accordance with Australian law. We encourage you to review this policy periodically to stay informed about how your data is being used.
Privacy Policy
Terms and Conditions
03.10.204
Terms and Conditions
Thank you for visiting Midnight Bloom Creative Design ("Company," "we," "us," "our") Website midnightbloomcd.com ("Website"). We hope you find what you are looking for and enjoy the content we have thoughtfully crafted for users like you. Please review these Terms and Conditions ("Terms") carefully. By accessing our Website, you agree to these Terms, and you express that you have had reasonable access to review them before using our Website. These Terms are binding as of the date you access our Website.
1. General Purpose
These Terms of Use ("Terms," or "Agreement") govern how you, the Website user ("you," "your"), may access and use our Website. These Terms also include references to our Privacy Policy, which governs how we handle your personal information. By accessing our Website, you agree to these Terms and our Privacy Policy. If you do not wish to agree to these Terms and our Privacy Policy, or are not legally able to form a binding contract, you must discontinue using our Website.
2. Age Limitations
Our Website is offered to users who are at least 16 years old. If you are not at least 16 years old, you are not allowed to use our Website. By continuing to use our Website, you represent that you meet the minimum age requirements under Australian law and are able to form a binding contract.
3. Changes to the Terms
We reserve the right to update and revise these Terms at any time without prior notice to you. The date these Terms were last updated is noted at the top of this Agreement. By continuing to use the Website after updates are made, you accept and agree to the changes.
4. Website Changes and Access
As Midnight Bloom Creative Design evolves, so will our Website and its contents. We reserve the right to modify, delete, or update any part of our Website at any time without notice. This includes the removal of services, materials, or any part of the Website. We are not liable if our Website or any portion of it becomes temporarily unavailable, such as during maintenance or updates.
If you are prompted to provide information to access certain parts of the Website, you agree that the information you provide is correct, current, and complete. Any information submitted is subject to our Privacy Policy.
5. Privacy
We respect your privacy and are committed to protecting it. Our Privacy Policy outlines how we collect, use, and share your personal information when you use our Website and services. By continuing to use our Website, you agree to the practices described in our Privacy Policy. Please review our Privacy Policy for further details.
6. Protection of Personal Information
If you are provided with or create login credentials (such as a username or password) to access certain parts of our Website, you must treat such information as confidential. You agree not to share these credentials with anyone. You are responsible for safeguarding your account and notifying us immediately if there is any unauthorised use of your account. Midnight Bloom Creative Design has the right to disable your account or login credentials if you violate these Terms or for any reason at our discretion.
7. Intellectual Property
All content, design, and materials on our Website are the intellectual property of Midnight Bloom Creative Design. This includes, but is not limited to, trademarks, copyrighted material, trade secrets, and proprietary information. You may access our Website and its content for your personal, non-commercial use. However, you may not reproduce, modify, share, or distribute any content from our Website without our express written consent.
You may not use any of our trademarks, brand names, logos, or designs without our written permission.
8. Linking to Our Website and Social Media
You may link to our Website or social media accounts, provided you do so in a manner that does not damage our reputation or imply any form of endorsement without our approval. If you are linking to our Website as part of a citation or reference, ensure proper credit is given by linking directly to our Website.
If you wish to place a link to our Website on your platform, you must comply with our content guidelines and ensure the link reflects positively on Midnight Bloom Creative Design. We reserve the right to request the removal of any links at any time.
9. Restricted Uses
To ensure a safe and secure environment for all users, our Website may only be used for lawful purposes and as outlined in these Terms. You are not allowed to:
-Use the Website in violation of Australian, state, or international laws.
-Engage in activities that are discriminatory, defamatory, or illegal.
-Use automated systems such as bots, crawlers, or scrapers to access or interact with the Website.
-Transmit spam, phishing, or malicious content.
-Violating these restrictions may result in the termination of your access to the Website, and we reserve the right to take legal action.
10. User Submissions and Content
From time to time, our Website may include features allowing you to submit content (such as reviews, comments, testimonials, or posts). By submitting content to our Website, you grant Midnight Bloom Creative Design the right to use your submissions for any business-related purpose, including marketing and promotional activities.
By submitting content, you also confirm that:
-You own or have the right to submit the content.
-The content does not violate any laws or infringe on the rights of others.
-You understand that your submissions may be used publicly and that Midnight Bloom Creative Design is not responsible for how third parties interact with your content.
11. Consent to Use
By submitting reviews, testimonials, or content on any platform (including social media), you grant Midnight Bloom Creative Design a commercial license to use your submissions in our marketing, Website content, and other promotional materials. We may use your name, photo, and other publicly available information when referencing your submissions.
12. Monitoring and Enforcement
We strive to maintain a positive environment on our Website. While we do not actively monitor all submissions, we reserve the right to review, edit, or remove any content at our discretion, especially if it violates these Terms. We may also terminate or restrict user access to the Website for any reason.
In compliance with Australian laws, we may be required to disclose your personal information in response to legal requests, such as court orders or requests from law enforcement. By using our Website, you acknowledge that we may disclose this information under such circumstances.
13. User Content Guidelines
To maintain a positive and respectful community, users must adhere to the following content guidelines. Submissions are not permitted to:
-Violate any local, state, or federal laws.
-Infringe on the intellectual property or legal rights of others.
-Contain obscene, defamatory, or discriminatory content.
-Promote illegal activities or false representations.
-Be used for commercial purposes or advertising without permission.
-We reserve the right to remove any content that does not comply with these guidelines and to take action against users who violate our Terms.
14. Limitation of Liability
We strive to ensure that our Website is accurate, up-to-date, and free of disruptions. However, we make no guarantees that the Website will always be available or that the content will be error-free. To the extent permitted by Australian law, Midnight Bloom Creative Design disclaims all warranties related to the Website and is not liable for any loss or damage arising from your use of our Website.
15. Governing Law
These Terms and Conditions, along with any disputes or claims arising from your use of our Website, are governed by the laws of South Australia. Any legal proceedings or claims must be filed in a court located within Adelaide, Australia.
Contact Information
If you have any questions or concerns about these Terms and Conditions or your use of our Website, please contact us at hello@midnightbloomcd.com.
03.10.204
About Midnight Bloom Creative Design
The Website is operated by Midnight Bloom Creative Design (ABN 70194142711). By visiting Midnight Bloom Creative Design and or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”).
Midnight Bloom Creative Design reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Midnight Bloom Creative Design updates the Terms, we will use reasonable efforts to notify you of updates. Any changes to the Terms take immediate effect from the date of their publication. We recommend keeping a copy of the Terms for your records.
1. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Midnight Bloom Creative Design in the user interface.
2. Website Templates and Creative Services
Licensing
The customer is granted a non-exclusive, non-transferable, non-sublicensable license to use the website templates provided by Midnight Bloom Creative Design for their own business purposes. The customer may not resell the purchased license key or redistribute the website template(s) to any other parties, whether for financial gain or as a gift.
Multi-License Bundles
For multi-license purchases:
If the customer purchases a two-template bundle, Midnight Bloom Creative Design grants one non-exclusive, non-transferable, non-sublicensable license, allowing the customer to publish one (1) website using the templates.
If the customer purchases a three-template bundle, Midnight Bloom Creative Design grants two non-exclusive, non-transferable, non-sublicensable licenses, allowing the customer to publish two (2) websites using the templates.
3. Proprietary Rights
All design elements, text, graphics, logos, and trademarks within the templates provided by Midnight Bloom Creative Design are proprietary and remain the intellectual property of the Company. Midnight Bloom Creative Design does not grant permission or a license agreement for the use of the images included in the templates. Any images included may be sourced from platforms like Unsplash or Pexels, governed under their respective copyright licenses.
4. Acknowledgement
All templates provided by Midnight Bloom Creative Design will include a ‘site credit’ area within the footer. The customer is not required to retain this in their final website unless they are a Graphic, Brand, or Web designer. If you are a Graphic, Brand, or Web designer who uses a template for your own website, you must provide credit in the footer as follows:
"Template Design by Midnight Bloom Creative Design. Customised by [Your Name]."
5. Semi-Custom Brands
Licensing
For semi-custom brand purchases, the customer is granted a non-exclusive, non-transferable, non-sublicensable license. This license permits the customer to use the semi-custom brand for their own business. The customer may not resell or redistribute the brand assets provided by Midnight Bloom Creative Design to any other parties, whether for financial gain or as a gift.
Proprietary Rights
All designs, text, graphics, logos, and trademarks provided within the semi-custom brand packages remain the intellectual property of Midnight Bloom Creative Design. Any images included may be sourced from Unsplash or Pexels and are governed by their respective copyright licenses.
6. Courses
Proprietary Rights
All content provided within Midnight Bloom Creative Design’s courses, including course materials, emails, and downloadable PDFs, are the intellectual property of the Company. This content is protected under Australian trademark, trade dress, and copyright law. You may not market, sell, or distribute the content or any derivative works without explicit permission from Midnight Bloom Creative Design.
7. Payment
Where payment options are provided, you may make payment for the services (the "Services Fee") via third-party payment facilitators, including Stripe and PayPal.
By making a payment, you warrant that you have read, understood, and agree to be bound by Stripe’s or PayPal’s terms and conditions available on their respective websites.
In the event that a payment is returned, denied, or unpaid by your financial institution, you are liable for any associated fees or charges incurred.
8. Payment Plans
For purchases where a payment plan is available (e.g., a 2 x payment plan option), you will be billed in two separate payments over two consecutive months. Payments will be automatically deducted from your account. You are not permitted to use the purchased template or brand until the full payment is made. Midnight Bloom Creative Design reserves the right to lawfully recover outstanding payments.
9. Refund Policy
As the services provided by Midnight Bloom Creative Design are digital, we do not offer refunds. However, if you purchase a template or semi-custom brand that does not fit your business, you may be eligible for an exchange. Please contact us at hello@midnightbloomcd.com to discuss your case. Refunds or exchanges are considered on a case-by-case basis, and we cannot guarantee all requests will be fulfilled.
10. Limitation of Liability
Midnight Bloom Creative Design's total liability arising from or in connection with the services provided under these Terms, whether under contract, tort (including negligence), equity, statute, or otherwise, will not exceed the re-supply of the services to you.
You expressly understand and agree that Midnight Bloom Creative Design, its affiliates, employees, agents, and licensors shall not be liable to you for any indirect, incidental, or consequential damages, including but not limited to loss of profit, goodwill, or reputation.
11. Indemnity
You agree to indemnify and hold harmless Midnight Bloom Creative Design, its affiliates, employees, agents, contributors, and licensors from any:
-Actions, claims, costs, or liabilities arising out of or in connection with your use of our services.
-Any direct or indirect consequences of accessing, using, or transacting on the Website.
-Any breach of the Terms.
12. Governing Law
The Terms are governed by the laws of South Australia, Australia. Any disputes, controversies, proceedings, or claims relating to the Terms shall be governed and construed according to the laws of South Australia.
13. Venue and Jurisdiction
The services offered by Midnight Bloom Creative Design are intended for Australian residents. Any disputes arising out of or related to the Website shall be resolved exclusively in the courts of Adelaide, South Australia.
14. Privacy
Midnight Bloom Creative Design takes your privacy seriously. Any personal information provided through the Website is subject to our Privacy Policy.