Design Preset Library – Terms and Conditions  

These Terms and Conditions (Terms) govern your use of the Bathroom Design Presets Library, operated by Fasters Digital Pty Ltd (ACN 669 850 373) as trustee for Fasters Digital Trust (ABN 57 480 736 253) trading as The Bathroom Guide (ABN 83 642 602 649) (we, us, our), and form a binding contractual agreement between us and you (the Member, you, your).

Our Privacy Policy, other terms and conditions, and any notices and consents also form part of this agreement. By paying the Membership Fee or otherwise using the Bathroom Design Presets Library, you confirm that you have read, understood, and agree to be bound by these Terms.

1           DEFINITIONS

1.1        Bathroom Design Presets Library means our subscription-based online platform containing design presets including but not limited to photographs, 3D renders, mood boards, product specifications, shopping lists, and design notes.

1.2        Preset Apply Pack means an optional add-on service available only to Members, whereby we apply an existing preset to a Member’s nominated project, providing renders, walkthroughs, elevations, tile set outs, joinery, and related documentation at discounted Members-only rates.

1.3        Custom Design Services means any bespoke design services beyond the Preset Apply Pack, which are separately quoted and governed by our standard design service terms.

1.4        Membership Fee means the upfront annual fee of AUD $2,988 payable for access to the Bathroom Design Presets Library.

1.5        Intellectual Property Rights means all present and future intellectual property rights including copyright, trade marks, designs, patents, trade secrets and confidential information, whether registered or unregistered.

2           ACCEPTANCE OF TERMS

2.1        By submitting payment for the Membership Fee and receiving account approval, you agree to comply with these Terms. You must not access the Bathroom Design Presets Library if you do not agree with these Terms.

3           MEMBERSHIP AND FEES

3.1        Membership is granted on an annual basis, subject to payment of the Membership Fee in full and account approval following business verification.

3.2        The Membership Fee is AUD $2,988, payable upfront. We are not currently registered for GST.

3.3        Once access to the Bathroom Design Presets Library is granted, Membership Fees are non-refundable, except as required by the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)).
Where a Member seeks to cancel their Membership before the expiry of the annual term, we may provide, at our discretion, or if required under the ACL, a credit equal to the unused portion of the Membership Fee. This credit may be applied towards other services offered by us, including but not limited to the Builders Package (valued at AUD $2,690) or other design services at our prevailing rates.

Nothing in this clause limits your statutory rights under the Australian Consumer Law.

3.4        Memberships auto-renew annually unless cancelled in writing at least 30 days before the renewal date. We will provide you with written notice (by email to your nominated email address) at least 30 days before the renewal date, reminding you of the upcoming renewal and your right to cancel.

4           ACCOUNTS AND ACCESS

4.1           Each Membership provides one business login. Account sharing, sublicensing, or transferring access is strictly prohibited.

4.2           Access is limited to internal business use, including presenting designs to clients, but redistribution, resale, or commercialisation of the designs outside of client presentation is strictly prohibited.

4.3           We reserve the right to suspend or terminate your Membership immediately if we determine, in our sole discretion, that you have breached these Terms, including Intellectual Property provisions.

5           SERVICES

5.1           Membership includes access to the Bathroom Design Presets Library.

5.2           Members may request Preset Apply Packs at discounted Members-only rates.

5.3           Any Custom Design Services are provided under separate agreement and fee structures, not included in Membership.

6           INTELLECTUAL PROPERTY

6.1           All Intellectual Property Rights in the Bathroom Design Presets Library, Preset Apply Packs, and any related materials remain our sole property.

6.2           Members are granted a limited, non-exclusive, non-transferable licence to use the designs solely for incorporation into their client work.

6.3           Members may make minor adaptations to designs for client use. However, substantial modifications or derivative works require payment of applicable fees and/or engagement under our Custom Design Services.

6.4           Misuse, unauthorised reproduction, or redistribution of designs constitutes a material breach and entitles us to terminate Membership and pursue remedies including injunctive relief.

7           DISCLAIMERS

7.1           The Bathroom Design Presets Library is provided “as is” and for inspirational and aesthetic purposes only.

7.2           We make no guarantee that designs will comply with Australian Standards, Building Codes of Australia (BCA), National Construction Code (NCC), or local planning regulations.

7.3           7.3 You acknowledge and agree that builders and designers are solely responsible for ensuring compliance, suitability, and safety in the use of any designs.

7.4           We disclaim liability for construction outcomes, regulatory compliance, or client satisfaction.

8           LIMITATION OF LIABILITY

8.1           To the maximum extent permitted by law, we exclude all conditions, warranties, guarantees and representations not expressly set out in these Terms.

Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies to which you may be entitled under the Australian Consumer Law, including protections relating to unfair contract terms, which cannot be excluded by law. 

8.2           Where liability cannot be excluded under the Australian Consumer Law, our liability is limited, at our option, to:

(a) resupplying the services; or

(b) paying the cost of resupplying the services.

Subject to the above, our aggregate liability to you in any 12-month period is limited to the Membership Fee paid in that period. We are not liable for any indirect, consequential, special or economic loss, including loss of profits, opportunity, goodwill, or data.

9           TERMINATION

9.1           We may suspend or terminate your Membership immediately if you:

·       breach these Terms,

·       fail to pay the Membership Fee or renewal, or

·       engage in misuse of our Intellectual Property.

9.2           Upon termination, your licence to use our designs immediately ceases and you must cease all use.

10         PAYMENTS GOVERNING LAW AND DISPUTE RESOLUTION

10.1        These Terms are governed by the laws of Queensland, Australia.

10.2        If a dispute arises, the parties must first attempt mediation under the rules of the Australian Commercial Disputes Centre (ACDC) before commencing litigation.

10.3        Each party must continue to perform its obligations under these Terms during any dispute.

11         GENERAL

11.1        No Assignment: You may not assign your Membership without our prior written consent.

11.2        Severability: If any clause is invalid, the remaining Terms remain enforceable.

11.3        Force Majeure: We are not liable for failure to perform obligations due to events beyond our reasonable control.

11.4        Entire Agreement: These Terms constitute the entire agreement between us and supersede all prior arrangements.