This website is owned by Empyrean Design & Build Services doing business as Empyrean Design Studio.

Please read these Terms and Conditions of Use, Privacy Policy, Refunds Policy and Disclaimer carefully as they are legally binding. It is your responsibility to read these Terms and Conditions of Use carefully before purchasing, using or accessing any of our products, including online courses. By viewing this website or anything made available on or through this website, including but not limited to programs, products, templates, services, opt-ins, e-books, videos, webinars, blog posts, newsletters, emails, social media and/or other communication (collectively referred to as "website"), you are agreeing to all parts of these Terms & Conditions. If you do not agree to our Terms & Conditions, you may not use this website and our materials. As used in these Terms & Conditions, the term “we”, "us", "our", "Design Studio", Empyrean Design & Build Services" is defined to include the following: (i) Empyrean Design & Build Services, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns; (ii) any volunteers; (iii) Kurt Clyde daSilva and Karishma daSilva.

General Provisions
 
Empyrean Design & Build Services, an Australian-based partnership, owns and operates this website. Our principal place of business is located in the state of South Australia, Australia.
 
You must be at least eighteen years of age to use our website. Use of this website is at your own risk. We host our site on a reputable platform and make reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties regarding the safety of your individual use of the website. The Terms and Conditions on this page are subject to change at any time.
 
Terms of Service or Product Purchaser Agreement

All programs, products, services, materials and offering are owned and provided by Empyrean Design & Build Services ("Design Studio" or "we" or "us" or "our"). The term "You" or "Your" refers to any user or purchaser of said program(s), product(s) or service(s) (the "Offering"). These Terms and Conditions of Use govern and define how You can use and access our Design Studio offering. We reserve the right to update and change these Terms and Conditions of Use anytime.
 
You are legally bound to these Terms and Conditions of Use whether or not you have read them. If You disagree with our Terms and Conditions of Use, Privacy Policy, Refunds Policy, and Disclaimer do NOT use our website, and any of our offerings.
 
Your Product or Service Use and Consent 
 
When you purchased our offering, you were given reasonable notice that these Terms and Conditions of Use existed. By moving forward with your purchase of the offering and further access to the offering, you implicitly agree and continue to agree to abide by these Terms and Conditions of Use and any disclaimers and privacy disclosures.
 
You agree you are at least 18 years old or of age to access the offering. Access to our Offering and related materials by a minor is a violation of use, and we reserve the right to terminate your access if such an issue is discovered.
 
Intellectual Property Notice
 
All images, text, designs, graphics, trademarks, and service marks are owned by and are the property of Empyrean Design & Build Services or the properly attributed party. It is a violation of law to use any of our intellectual property in whole or in part. Modification of any materials contained on this site is illegal. It may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.
 
You may use our intellectual property with clear and obvious credit to our site and links to the page where the materials, designs, images, text, quotes, or posts are located when appropriate. However, even with attribution, you may never claim our intellectual property as your own or your unique creation.
 
Request for Permission to Use Content 
 
If you wish to use, publish or access any of our content, offering(s) or related materials, You must do so by requesting permission before commencing use of the same by emailing us at [email protected]
 
Civil and Criminal Penalties
 
Even though our offering is not necessarily something you can physically hold in your hand and walk away with, it is nevertheless considered theft to steal, infringe or otherwise violate these Terms and Conditions of Use. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statutes in any jurisdiction. You explicitly consent to personal jurisdiction in Adelaide, South Australia, Australia, by opting into or purchasing any offering or accessing its related communications and/or materials.
 
Your Materials and Contributions
 
By submitting a comment, photo, video or other material(s) onto any website or platform owned or maintained by us, including but not limited to third-party access sites, such as our Facebook group(s) or online software platforms that we use to distribute our offering and related materials, you agree that we have a non-revocable, commercial license to republish your submission in whole or in part unless you explicitly state that we may not do so with said submission. You have no right to privacy by accessing our offering or related materials, and we reserve the right to disclose your participation. You must own the copyright to any image(s) you use by default or voluntarily on our platforms, offerings, or related materials. You grant us a commercial license to any image(s) you submit to us by default, such as a Facebook profile photo or other image you voluntarily provide in accessing our offerings or voluntarily upon our request. Such a default or voluntary release of your image and likeness may be used for any reasonable future business use. Notification of Use - We are not obligated to notify you or anyone in photographs of our publication or other use of any image or images you submit by default or voluntarily.
 
Security
 
You are responsible for securing your username and password from theft or any other means of unauthorised use that would violate these Terms and Conditions of Use. We do not store credit card numbers or payment information; these are processed through third-party processors such as Stripe, Paypal, Shopify etc. By utilising these payment processors to gain access to the offering, You indemnify us and instead assume any risk or liability for the security of the payment details and agree to be bound by the third-party payment processor's applicable terms and conditions of use.
 
Confidentiality
 
You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty. 
 
Assumption of Risk
 
By accessing our offerings and/or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent actions you choose to take due to the influence, information or educational materials provided to you.
 
Your Communications
 
Any communications made through our contact, blog, blog comments, newsletter sign-up or other related pages, or directly to our phones or emailing or email addresses are not held privileged or confidential and are subject to viewing and distribution by third parties. We own all communications displayed on our website, servers, comments, emails, or other media as the law allows. We will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any data provided by you in those communications, please refer to our Privacy Policy.
 
We maintain a right to republish any submission in whole or in part as reasonably necessary for our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to, communications that are potentially libellous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.
 
Errors and Omissions
 
We make no warranty or guarantee regarding the accuracy, timeliness, performance, completeness or suitability of the information in our offering (s). We are not liable for any inaccuracies, errors or reliance on personal opinions in our offering(s) or related material(s).
 
Indemnification
 
You agree at all times to indemnify and hold harmless Empyrean Design & Build Services, as well as any of our partners, affiliates, contractors, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our offering(s).
 
Limitation of Liability
 
We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or in relation to our offering(s). We do not assume liability for any third-party conduct, accidents, delays, harm or other detrimental or adverse outcomes due to your access to our offering(s) and related material(s).
 
Affiliates
 
This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
 
Termination
 
Suppose at any time we feel you have violated these Terms and Conditions. In that case, we shall immediately terminate your use of our website and any related communications as we deem appropriate. It is within our sole discretion to allow any user access to our website, and we may revoke this access at any time without notice and, if necessary, block your IP address from further visits to our site(s).
 
Financial Considerations
 
Due to the nature of the services and/or products provided, refunds will not be given unless otherwise specified in writing. Empyrean Design & Build Services reserves the right to charge a late fee of US$100 after a three-day grace period when payments are due. If payments are delinquent beyond 30 days, the project balance will be immediately due in full. If payment delinquency goes beyond 45 days, the balance will be submitted for collection. After 45 days of outstanding payment, we reserve the right to send you to collections, upon which you will owe the total amount of any outstanding payments plus any collection costs, including reasonable attorney's fees.
 
Dispute Resolution
 
Suppose You and Empyrean Design & Build Services cannot resolve a dispute or potential claim through good-faith negotiation. In that case, You explicitly agree to reasonably attempt to resolve any such dispute through alternative dispute resolution or mediation before filing a civil cause of action.
 
Non-Disparagement
 
Suppose you are found to be slandering, libelling or otherwise disparaging us, our offering(s) or related materials at our discretion. In that case, you will be immediately removed from the offering(s) and any associated communications. We reserve the right to file a civil claim of action against you for any such damaging actions you take that materially harm us.
 
Entire Agreement
 
The terms of the Privacy Policy, Refund Policy, Disclaimer together with these Terms and Conditions, and the information contained herein constitute the entire agreement between our website users and us relating to the use of this website.
 
Severability
 
If any part of these Terms and Conditions, Privacy Policy or Disclaimer is deemed unlawful and/or unenforceable, all other provisions will remain in full force and effect.
 
Law and Jurisdiction
 
These Terms, Conditions, Privacy Policy and Disclaimers are governed by and construed in accordance with South Australian law. Any dispute arising out of or related to the information contained herein is subject to adjudication in South Australia, Australia.
 
Consent
 
By using our website, you hereby consent to our Terms and Conditions of Use. If you require any more information or have any questions about our Terms, Conditions, Privacy Policy, or Disclaimers, please feel free to contact us by email at [email protected]
 
All Rights Reserved 
 
All rights not expressly granted in these Terms and Conditions of Use or any express written here are reserved by Empyrean Design & Build Services.

Limited License: Any and all materials, paid or free, that You access on this or any related domains that contain our offerings are under the sole ownership or licensed use of Empyrean Design & Build Services.
 
We own our page layout and design, overall look and appearance, individual graphics, icons, videos, logos, taglines and trademarks (common law or federally registered). You are not allowed to reproduce any part of our website(s), program(s), product(s), service materials or related communications.
 
You only receive a limited, non-transferable, non-exclusive, revocable license for non-commercial use to access any content or materials in the offering you have paid for or opted to receive. Suppose you exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trials and Appeals Board. In that case, you have infringed in a manner that materially harms us. We have the right to seek damages and/or an injunction to remedy the situation until we are made whole. 
 
You may: 
 
- Access the Offering for Your personal use (if additional members of Your team need to access the Offering, You must purchase additional offerings at one per team member) 
 
- Download and/or print any Offering materials for your personal use in your business (if additional members of Your team need to download and/or print any materials from the Offering, You must purchase additional Offerings at one per team member)
 
- Use our trademarks and copyrighted materials with our consent and proper credit and marking, namely, citing ©Empyrean Design & Build Services as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™. 
 
You may not: 
 
- Re-sell or trade Your access to the offering
 
- Share the Offering with anyone else who has not yet purchased it or opted in to receive it 
 
- Reprint or republish any of the offerings, in part or in whole 
 
- Distribute any of the materials contained in the offering or related materials and/or communications as your own
 
- Reproduce and tweak any part or whole of the offering for distribution as your own work 
 
- Claim ownership or use over any of our intellectual property without our prior consent, which includes (but is not limited to) copyrights such as course materials, worksheets, workbooks, lessons, videos and more; trademarks such as names, logos, taglines or other unique source identifiers; or trade dress including the look and feel of the offering (and its related communications and materials) 
 
- Use our Offering or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s)

TERMS & CONDITIONS OF USE

By initiating the purchase of anything made available on or through this website, including but not limited to programs, products, templates, services, opt-ins, e-books, videos, webinars, blog posts, newsletters, emails, social media and/or other communication (collectively referred to as "website"), you are agreeing to all parts of this Payment, Refunds & Returns Policy.

Payments
 
If you opt for monthly payments, you will remain responsible for those payments unless you obtain a refund according to the respective Service or Product or Program Refund Policy. You may not cancel or avoid these payments except through our Refund Policy.
 
If You elect a payment plan, you hereby authorise Empyrean Design & Build Services and any third-party we use to charge your credit card or debit card automatically according to the terms of your payment plan.

If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to us, without any additional authorisation, for which you will receive an electronic receipt. You also agree that Empyrean Design & Build Services is authorised to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

If all eligible payment methods our third-party payment processor has on file for you are declined for payment of your monthly fee, you must promptly provide a new qualified payment method, or your access will be removed.
 
If you opt for a payment plan and do not request a refund within the terms set forth within the respective enrolled service/product/program (if/as applicable), you are required by law to complete the remaining payments of your payment plan.

If payment is not received when due, we reserve the right to terminate your access, immediately and permanently. 

If you fail to make any payment in a timely manner or voluntarily withdraw at any time or for any reason, you will remain fully responsible for the full cost and all payments in any payment plan you have chosen. We reserve the right to charge a late fee on all balances more than 30 days overdue. You agree to reimburse Empyrean Design & Build Services for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
 
Refunds: Your satisfaction is important to us. However, because of the digital nature of our design, product, service,  and/or program deliverables and extensive time, effort, preparation and care that goes into creating and providing the product, service, and/or program deliverables we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our products, services, and/or programs and no refunds will be provided to you at any time. By using and/or purchasing our services, products, and/or programs, you understand and agree that all sales are final and no refunds will be provided.

Upon determining if you are entitled to a cancellation/refund under our policy for an applicable product, service or program, Empyrean Design & Build Services will promptly instruct the third-party payment processor to issue the refund. Empyrean Design & Build Services does not control the third-party payment processor and cannot expedite any refunds.
 
If you receive a refund of any purchase through the terms and conditions or through our money-back guarantee (if applicable), that shall immediately terminate any and all licenses granted to you to use the material provided under these Terms of Use or any other agreement. You shall immediately cease using the material and destroy all copies of the information provided to you, including, without limitation, video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.
 
We will only provide refunds for requests that come up to seven calendar days following the date of purchase for any applicable service/program or any request that comes in writing to us at [email protected]. After calendar day 7, all payments are non-refundable, and you are responsible for full payment of the fees for the service/program regardless of whether you utilise the service or complete the program. Please note: If you opted for a payment plan and do not request a refund within seven calendar days in writing to [email protected], you are required by law to complete the remaining payments of your payment plan.
 
All refunds are discretionary as determined by Empyrean Design & Build Services. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
 
If payment plans need to be revised or a custom payment plan is created, we will do so ONE time at no charge. Any additional plan alterations or creations will be charged US$150 per payment plan. If you have any questions or problems, you can reach us at [email protected]
 
Returns: Due to the nature of design and the digital file delivery of our products, all sales are FINAL (including payment plans). No returns or refunds are permitted.
 
Exchanges: Due to the digital nature of the service, products and programs we offer, no exchange is permitted.

REFUNDS, RETURNS & PAYMENT POLICY

This Privacy Policy is legally binding. It is your responsibility to read this Privacy Policy carefully before purchasing, using, or accessing any of our products, including online courses. By viewing this website or anything made available on or through this website, including but not limited to programs, products, templates, services, opt-ins, e-books, videos, webinars, blog posts, newsletters, emails, social media and/or other communication (collectively referred to as "website"), you are agreeing to all parts of this Privacy Policy and our Terms and Conditions. If you do not agree to our Terms & Conditions and/or Privacy Policy, you may not use this website and our materials.
 
We at Empyrean Design & Build Services respect your privacy. This Privacy Policy is designed to explain how we collect, use, share, and protect the personal information you provide when you access our website, purchase our goods or services, or engage with us on social media or any other mode of communication, as well as your rights to the information we collect.
 
Please read this Privacy Policy carefully. We encourage you to review this Privacy Policy periodically when you use our website for any purpose or engage with us on social media. You are deemed to have accepted any changes to any revised Privacy Policy by your continued use of our website after the revised Privacy Policy is posted.
 
INFORMATION THAT WE COLLECT
 
We collect a variety of information from you when you visit our website, make purchases, or interact with us via the internet including, on social media. By accepting this Privacy Policy, you are explicitly consenting to our collection of the data described below, to our use of the data, to the processing of this data, and our sharing of the data with third-party processors as needed for our legitimate business interests. The information we collect may include:
 
Personal Data: Personal Data can be used to identify you specifically, including your name, shipping address, email address, telephone number or demographic information like your age, gender, or hometown. You consent to give us this information by providing it to us voluntarily on our website or any mobile application. You provide some of this information when you register with or purchase from our website. You may also provide this information by participating in various activities associated with our site, including responding to blogs, contacting us with questions, or participating in group training. Your decision to disclose this data is entirely voluntary. You are not obligated to provide this information, but your refusal may prevent you from accessing certain benefits from our website or making purchases. 
 
Derivative Data: Derivative data is information that our servers automatically collect about you when you access our website, such as your IP address, browser type, the dates and times you access our website, the specific pages you view etc. If you are using a mobile application, our servers may collect information about your device name and type, phone number, country of origin, and other interactions with our application. Derivative data may also include data collected by third-party service providers, such as advertising and analytics providers, and cookies, log data or web beacons. Cookies are discussed more fully below. Derivative data collected by third-party service providers generally does not identify a specific individual.
 
Financial Data: Financial data is related to your payment method, such as credit card or bank transfer details. We do not store your financial data; however, to allow you to purchase, order, return or exchange products or services from our website and any related mobile apps, your financial data is managed by our payment processor, like Stripe, PayPal etc. You should review these processors' privacy policies to determine how they use, disclose, and protect your financial data. Third-party payment processor policies can be found on their respective websites.

Social Networking Data: We may access personal information from social networking sites and apps, including Facebook, Instagram, Linkedin, Pinterest or other social networking sites or apps not named specifically here, which may include your name, your social network username, location, email address, age, gender, profile picture and any other public information. If you do not want us to access this information, please go to the specific social networking site and change your privacy settings.
 
Mobile Device Data: If you use our website via a mobile device or app, we may collect information about your mobile device, including device ID, model and manufacturer, and location information.
 
Other data: Occasionally, you may give us additional data to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information, and it will be clear that you are offering this kind of information in exchange for an entry into such a contest or giveaway.
 
HOW WE USE YOUR INFORMATION
 
Your information allows us to offer you certain products and services, including the use of our website, to fulfil our obligations to you, to customise your interaction with us and our website, and to allow us to suggest other products and services we think might interest you. We generally store your data and transmit it to a third party for processing. However, to the extent we process your data, we do so to serve our legitimate business interests (such as providing you with the opportunity to purchase our goods or services and interact with our website or mobile app). 
 
Specifically, we may use the information and data described above to:
 
Create and administer your account, and
Deliver any products or services purchased by you to you and
Correspond with you, and
Process payments or refunds; and
Contact you about new offerings that we think you will be interested in, and 
Interact with you via social media and 
Send you a newsletter or other updates about our company or website, and
Deliver targeted advertising and
Request feedback from you and
Notify you of updates to our product and service offerings, and
Resolve disputes and troubleshoot any problems; and
Administer contests or giveaways; and
Generate a profile that is personalised to you so that future interactions with our website will be more personal and
Compile anonymous statistical data for our use or a third party's use; and
Assist law enforcement as necessary and
Prevent fraudulent activity on our website or mobile app, and
Analyse trends to improve our website and offerings.
 
GROUNDS FOR USING AND PROCESSING YOUR DATA
 
The information we collect and store is used primarily to allow us to offer goods and services for sale. In addition, we may collect, use and process your information based on the following grounds:
 
Legitimate Business Interests: We may use and process your data for our legitimate business interests, which include, among other things, communicating with you, improving our goods or services, improving our website, and providing you with the information or products that you have requested.
 
Performance of a Contract: We may use and process your information to enter into a contract with you and perform our contractual obligations.
 
Consent: We may use your data or permit selected third parties to use your data based on your consent to our use and sharing of that data. You may withdraw your consent anytime, but doing so may affect your ability to use our website or other offerings.
 
As required by law: We may also use or process your data as required for us to comply with legal obligations.
 
WHY WE DISCLOSE YOUR INFORMATION
 
We may share your information with third parties in certain situations. In particular, we may share your data with third-party processors as needed to serve our legitimate business interests, which include administration of our website, administration of your account, entering into contracts with you, communicating with you, taking orders for goods or services, delivering our goods and services, identifying trends, protecting the security of our company and website, and marketing additional goods and services to you. The legal basis for our disclosure of your data is both your consent to this Privacy Policy and our right to protect and promote our legitimate business interests.  
 
The following are specific reasons why we may share your information.
 
Third-Party Processing: We may disclose your information to third parties who assist us with various tasks, including payment processing, hosting services, email delivery, communications and customer service. We may not always disclose these third-party processors if not required by law. We do not authorise them to use or disclose your personal information except in connection with providing our company with their services.
 
By Law: We may share your data as required by law to respond to legal processes or as necessary to protect the rights, property, and safety of others. This includes sharing information with other parties to prevent or address fraud and avoid credit risks.
 
To Protect Empyrean Design & Build Services: We may use your information to protect our company and investigate and remedy any violations of our rights or policies. We may also disclose your information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or exercise or defend against legal claims.
 
Business transfers: In the unlikely event we engage in a merger, acquisition, reorganisation or similar transaction or proceeding, we may transfer or share your data as part of that proceeding. In such transitions, customer information is one of the business assets that a third party acquires. You acknowledge that such business transfers may occur and that your personal information can continue to be stored, used or processed as otherwise outlined in this privacy policy.
 
Affiliates: We may share your personal information with business affiliates who promote our product(s) or service(s) for a commission fee. We require our affiliates to honour this Privacy Policy. They are not allowed to spam you and must disclose that they are an affiliate for us. If they do not do so, they violate their affiliate terms, and this Privacy Policy and any violation of this nature should be reported to [email protected]
 
Advertisers: We may use third-party advertising companies, such as Google, Facebook, Pinterest, and Instagram, to run and manage our ads and produce ads that appear when you visit our website or mobile app. These companies may use information about your visit to our website and other websites contained in web cookies (as described below) to offer personalised advertisements about goods and services that might interest you. We cannot control the activities of other advertisers or websites. You should consult the respective Privacy Policies of these third-party advertisers for more detailed information on their practices and instructions about how to opt out of certain practices.
 
Please note that, at this time, we do not recognise automated browser signals regarding tracking systems, which may include "do not track" instructions.
 
Other Third Parties: We may share information with advertisers or third parties to conduct general business analysis. If we do so, we will make reasonable efforts to inform You if required by law. 
 
Interaction with others: If you interact with others on our websites or mobile app, such as participating in a group chat or a group online course, other users may have access to some of your data, including your name, profile picture, and your history of interaction with our website, such as prior comments or posts etc.
 
Online postings: When you post online, others may view your posts, and we may distribute your comments outside the website.
 
External Links: Our website may include hyperlinks to other websites not controlled by us. We suggest you exercise caution when clicking on a hyperlink. Although we use reasonable care in including a hyperlink on our web page, we do not regularly monitor the websites of these third parties. We are not responsible for any damage or consequences you suffer using these hyperlinks. We are not bound by the Privacy Policies of any third-party website you access by a hyperlink, nor do ours bind them. We encourage you to read the Policies of those third-party websites before interacting with them or making purchases. They may collect different information and by other methods than we do.
 
Other purposes: We may disclose your data as necessary to comply with any legal obligation or protect your or the vital interests of others or our company.
 
TRACKING TECHNOLOGIES
 
Log Files: Like many other Websites, we use log files. These files merely log visitors to the site – usually a standard procedure for hosting companies and a part of hosting services' analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyse trends, administer the site, track user's movement around the site, and gather demographic information. IP addresses and other such information are not linked to personally identifiable information.
 
Cookies: We also use cookies - small text files sent to us by your computer - and web beacons to store certain information. We may use cookies to authenticate your identity, to determine if you are logged onto our website, for personalisation, for security, for targeted advertising, or analysis of the performance of our website and services. For example, cookies allow us to recommend blog posts based on what you have read on our site. We use cookies not specific to your account but unique enough to allow us to analyse general trends and use and customise your interaction with our website. This information helps us understand how to use and improve our website and service offerings. 
 
We may use any or all of the following types of cookies:
 
Essential cookies: These cookies help us run our website and improve your experience with your website. These cookies may allow content to load more quickly or allow you to access "members only" or repeat-users sections of our website.

Functionality cookies: These cookies allow us to remember your preferences from earlier visits to our website, including login information, so you do not have to input the same information multiple times.

Social Media cookies: These cookies allow us to record when you have engaged with a social media tool while visiting our website. For example, we may record that you have "liked" a particular aspect of our website. The social media application may also share data you have allowed it to share with us. If you wish to change your social media sharing settings, please visit the privacy settings of the social media network.
 
Advertising cookies: We may work with third-party advertising partners who collect information about your browsing habits on our website to display a relevant ad about our services later when you are on a third-party site such as a social media platform. These cookies may also allow us to access your location.
 
Most browsers are set to accept cookies by default. In addition, when you first encounter our website, you will be asked to "consent to cookies." If you wish to disable cookies, you may do so through your individual browser options at your end. However, this may affect your ability to use or purchase from our website. More detailed information about cookie management with specific web browsers can be found on the browsers' respective websites. By continuing to use our website and not turning off cookies on your browser, you consent to our use of cookies per the terms of this policy.  
 
In addition, we may use third-party software to post advertisements on our website or mobile application, oversee marketing or email campaigns, or manage other company initiatives. These third-party software may use cookies or similar tracking technology. We have no control over these third parties or their use of cookies.
 
Pixel tags: We may use a pixel tag, a small graphic file that allows us to monitor the use of our website and provide us with information regarding your interaction with the website. These tags may collect the IP address from the device you are using and the browser type. Our third-party partners also use pixel tags to collect information when you visit our website, and we may use this information to display targeted advertisements.
 
Email confirmations: We may receive email confirmations when you open an email from us. This allows us to determine if users are responding favourably to our email communications and to improve those communications.
 
Other technologies: Other data technologies may be used that collect comparable information for security, fraud detection, and similar purposes to give us information about your use of our website and improve our website and service offerings to you.
 
WEBSITE ANALYTICS
 
We may partner with third-party analytics companies, including Flodesk, Hotjar, Facebook, Google, or Shopify Analytics etc. The analytic companies may also use cookies (described above) or other tracking technologies to analyse visitors' use of our website or mobile app to determine the popularity of the content and better understand online activity. We do not transfer personal information to these third-party vendors. However, to access our website, you must consent to collecting and using your information by these third-party analytics companies. You should review their Privacy Policy and contact them directly if you have questions.
 
Google Analytics: You can opt out of having your activity on our website made available to Google Analytics by installing the Google Analytics opt-out browser add-on. This add-on prevents Google Analytics from retrieving information about your visits to our website. For more information about Google's Privacy Policy, please visit their website. 
 
Facebook: You can opt out of Facebook's interest-based ads by visiting Facebook's website
 
PROCESSING YOUR INFORMATION
 
For the most part, we do not process your information in-house but give it to third-party processors for processing. For example, when Stripe or PayPal takes your payment information, they are a third-party processor. They process your payment and remit the funds to us. So, in many instances, it will be necessary for us to transmit your information to a third-party processor, as we cannot perform these functions. More details on third-party processing are below.
 
However, we may process your data internally from time to time. The legal basis for this processing is your consent to the processing and our need to conduct our legitimate business interests and comply with legal obligations. Our purposes in processing this information, if we do, is to administer, maintain, and improve our website and offerings, to enter into contracts with you, to fulfil the terms of those contracts, to keep records of our transactions and interactions, to be able to provide you with goods and services, to comply with our legal obligations, to obtain professional advice, and to protect the rights and interests of our company, our customers (including you), and any third parties. We may process the following data: 
 
Data associated with your account include your name, address, email address and payment information.
Data about your website usage include your IP address, geographical information, how long you accessed our website, and what you viewed.
Data related to your profile include your name, address, profile picture, interests and hobbies, or employment details.
Data that you provide us in the course of using our services.
You post data on our website, such as comments or responses to blogs.
Data you submit to us when you inquire about our website or offerings. 
Data related to your transactions with us, including purchasing our goods or services. This information may include contact details and payment information.
Data you provide us when you subscribe to our emails or newsletters, including your email address and contact information.
Data that you submit to us via correspondence, such as when you email us with questions.
Any other data identified in this policy to comply with our legal obligations or to protect the vital interests of you or any other natural person.
 
INTERNATIONAL DATA
 
Our website is hosted by third-party platforms, with its servers primarily in the United States and Canada. Therefore, some of your data will be transferred internationally to and stored on those servers. In addition, we may use third-party processors (including payment processors) and subcontractors located in the United States or other countries. We use all reasonable methods to protect the safety of your data during transfer, including hosting our website on reputable servers and engaging reputable third-party processors. By using this site and providing us with information, you consent to this transfer, processing and storage of your information in the United States or other countries across the globe. Note that the privacy laws in these countries may be more relaxed than those in other countries. Please be aware that:
 
We may transfer data we collect to locations outside our headquarters for processing or storing, and our staff or third-party processors may process the data. For example, we may engage third parties to fulfil orders. You agree to this transfer, storage, and processing by submitting your personal data. We take all reasonable steps to ensure your data is treated securely and conforms with this Privacy Policy.
Data provided to us is stored on secure servers by these third-party platforms. However, the transmission of data via the Internet is never completely secure, and we cannot guarantee the security of data sent to us electronically. Your transmission of data to us is at your own risk. Where data that you have transmitted to use is password protected, you are responsible for keeping the password confidential. You are exclusively responsible for any data breaches resulting from your own disclosure of or failure to protect your password.
 
DATA RETENTION
 
We retain personal data as long as it is needed to conduct our legitimate business purposes or comply with our legal obligations until you ask us to delete your data. For example, we will retain certain personal information indefinitely to maintain your account unless and until you delete your account. Data that we gather for a specific purpose, such as assisting law enforcement or analysing trends, will only be kept for as long as is necessary for that particular purpose. Data we no longer need for any of the abovementioned purposes will be permanently deleted.  
 
We will honour your request to delete your data, as described more fully below, unless we are required by law to retain access to the data. However, note that we cannot control the retention policies of third parties. If you wish to have any third parties, including those to whom we've transmitted your data, delete that data, you will need to contact those third parties directly.
 
We may retain usage data (that is, data that we gather. or third-party companies to analyse the use of our website) as needed for internal analysis purposes. This type of data is usually retained for a shorter period than personal data unless the data is necessary to improve the security or functionality of our website or offerings, or we are legally obligated to retain the data for a more extended period.
 
SECURITY OF YOUR INFORMATION
 
We take all reasonable steps to protect your data and secure your information. We use recognised online secure payment systems and implement generally accepted standards of security to protect against personal data loss or misuse. However, no security measure is foolproof, and no method of data transmission can be guaranteed against interception or misuse. We cannot guarantee the complete security of any information you transmit.
 
By consenting to this Privacy Policy, you acknowledge that your data may be available via the Internet worldwide. We cannot prevent other parties' use or misuse of your data.
 
We will promptly notify you of any known breach of our security systems or your data, which might expose you to serious risk.
 
PERMITTED AGE
 
This website or mobile app is not designed for children under 18 years old, and we do not knowingly solicit personal data from anyone under 18. If you are under 18 years old, do not access our website or related products or services. If you become aware that we have collected data on anyone under 18, please get in touch with us so that we may delete that data.
 
SENSITIVE DATA
 
We request that you do not submit sensitive data to us via public postings, email correspondence with us or any other method, including health data, genetic data, or information related to your ethnic origin, religious beliefs, criminal history, etc. If you send us this information, then by doing so, you consent to our use, storage and processing of this information per this privacy policy.
 
YOUR RIGHTS
 
You have certain rights concerning your personal data, as outlined below. Note that we may charge you a reasonable fee for actions you ask us to take regarding your data. In addition, we reserve the right to request that you provide us with evidence of your identity before we take any action concerning exercising your data rights. Further, your rights may be restricted or nullified to the extent they conflict with our compelling business interests, the public interest, or the law.
 
Update Account Information: You have the right to update or change any information you have provided to us. To edit or delete your information, don't hesitate to get in touch with us at [email protected]
 
Confirm Personal Data and Its Use: You can request that we confirm what data we hold about you and for what purposes. You also have the right to verify whether we process or deliver your data to third-party processors and for what purposes. We will supply you with copies of your data unless doing so would affect the rights and freedoms of others. 
 
Change Consent: You have the right to change your consent to our use of your information. In such cases, we may require you to delete your account with us, as described above, and you may not have full access to our website.
 
Request a Copy of Data: You can request a digital copy of the data we hold about you. Your first request for a copy of your personal data will be provided free; subsequent requests will incur a reasonable fee.
 
Transfer Your Data: You have the right to request that we gather and transfer your data to another controller in a commonly used and machine-readable format unless doing so would cause us an undue burden.
 
Delete All Data: You have the right to request that we delete all data we hold about you, and we must delete such data without delay. There are exceptions to this right, such as when keeping your data is required by law, is necessary to exercise the right of freedom of expression and information, is required for compliance with a legal obligation, or is essential for the exercise or defence of legal claims. Such a request may result in terminating your account with us, and you may have limited or no use of our website. 
 
Emails And Communications: You may opt out of receiving future email correspondence from us by checking the appropriate box when you register for the account or make a purchase. You may change your communication settings by contacting us at [email protected]
 
Marketing Communications: You may opt out of receiving any third-party marketing communications or using your personal information for marketing purposes. You may do this by contacting us at [email protected]
 
Processing: You may, in some circumstances, restrict the processing of your data, such as when you contest the accuracy of your data or when you have objected to processing, pending the verification of that objection. When processing has been restricted, we will continue to store your data. However, we will not pass it on to third-party processors without your consent or as necessary to comply with legal obligations or protect your rights or those of others or our company. In addition, you may opt out of any processing of your data altogether. Note, however, that doing so may result in the termination of your account and loss of access to our website. 
 
Complaints: If you believe we have violated your rights under this Privacy Policy or applicable law, you may write to us at [email protected]. You also have the right to request that we remove any data you post publicly on our website. To ask for the removal of your data, please email us at [email protected]. Note that while we will remove your publicly posted data on our website, we may not be able to remove that data from our systems.
 
Newsletter Privacy
 
We offer the opportunity for you to volunteer certain information to us that is used for email and marketing purposes. This information includes but is not limited to, your name and email. You can unsubscribe from any future communications via email, but we reserve the right to maintain a database of past email subscribers. We reserve the right to use this information as reasonably necessary in our business and as provided by law. Your information will be shared with reasonably necessary parties for conducting our business, such as through Facebook ads or Google Pay Per Click marketing campaigns. We do not sell your information to third parties.
 
Severability
 
If any part of these Terms, Conditions and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions will remain in full force and effect.
 
Entire Agreement
 
The information contained herein constitutes the entire agreement between site users and our company regarding using this website.
 
Law and Jurisdiction
 
These Terms, Conditions and Privacy Policy are governed by and construed in accordance with Australian law. Any dispute arising out of or related to the information contained herein is subject to adjudication in South Australia, Australia.

PRIVACY POLICY

DISCLAIMER

By viewing this website or anything made available on or through this website, including but not limited to programs, products, templates, services, opt-ins, e-books, videos, webinars, blog posts, newsletters, emails, social media and/or other communication (collectively referred to as "website"), you are agreeing to accept all parts of this disclaimer.

You agree to indemnify and hold harmless our website and us for any direct or indirect loss or conduct incurred as a result of your use of our website, services, products, programs and/or any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While we may reference specific results, outcomes or situations on this website, you understand and acknowledge that we do not guarantee the accuracy of third-party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website. If you have medical, legal or financial questions, you should consult a medical professional, lawyer and/or chartered accountant respectively. We expressly disclaim any and all responsibility for any actions or omissions you choose to make from using this website, related materials, products, courses or the materials contained herein.

This website is updated regularly, and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge you gain from using this website is used at your own risk. If you should see any errors or omissions and would like to let us know, please email us at [email protected]

Users Outside Australia

Empyrean Design & Build Services controls and operates this website from offices in the South Australia. We do not represent that our materials are appropriate or available for use in other locations outside South Australia. People who choose to access our services, products and/or programs from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Earnings Disclaimer

Any earnings or income statements or examples shown through our website are only estimates of what might be possible now or in the future. There can be no assurance of any particular financial outcome based on our Website, Services, Products or Programs. You agree that we are not responsible for your earnings, the success or failure of your personal or business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our website. You are solely responsible for your results. You agree that You understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches our offering(s) with different backgrounds, disposable income levels, motivation and other factors outside our control. Therefore, we cannot guarantee Your success merely upon accessing or purchasing our offering(s) or related material(s). 

General Disclaimer

To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our offering (s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however, and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial or other professionals, or if we are, during this offering and related material(s), We are not offering our professional services. You expressly agree we are not acting in any professional capacity, including medical, legal, financial or otherwise, during this offering. None of the Offering or its related material(s) should be construed as medical, legal, or financial advice. 

Third-Party Disclaimer

You acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other participant or user, including you. 

Warranties Disclaimer

WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT OR SERVICE MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. 

Technology Disclaimer

We make reasonable efforts to provide You with modern, reliable technology, software and platforms to access our offering (s) and related material(s). However, in the event of a technological failure, You accept and acknowledge our lack of responsibility for said failure. While we will make reasonable efforts to support you, some technical issues are beyond our control and require you to access support from a third-party provider.

Affiliate Disclaimer

This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of Your purchase through one of these links. We will use reasonable efforts to notify You when and where We have placed affiliate links in addition to this disclaimer located in this disclaimer. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.

Law and Jurisdiction

These Terms, Conditions and Privacy Policy are governed by and construed in accordance with South Australian law. Any dispute arising out of or related to the information contained herein is subject to adjudication in South Australia, Australia.

Consent

By using our website, you hereby consent to our Terms and Conditions of Use.

If you require any more information or have any questions about our Terms and Conditions of website use, Privacy Policy, or Disclaimer, please feel free to contact us by email at [email protected]

All Rights Reserved 

All rights not expressly granted in these Terms and Conditions of Use or any express written here are reserved by Empyrean Design & Build Services.

Contact

If you have any questions about any term of these disclaimers, please get in touch with us at [email protected]

By using this website, you agree to all parts of the above disclaimer. If you have any questions about this disclaimer, please get in touch with us at [email protected]