Terms of service

These are the Terms and Conditions of Sale for all products, online guides, Digital Products, recipes and any other services (Content) sold by A Cookie Or Two (ABN 43355063707) trading as ACOT (A Cookie Or Two) on our website, email, or other associated Platforms.

Please read these terms and conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us. By proceeding with a purchase with us, you’re indicating to us that you’ve read, understood and agreed to enter into a binding agreement with us on these terms and conditions. If you have any questions or concerns about our terms of service, products, digital license agreement, Content or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us.

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ACOT™ DIGITAL LICENSE AGREEMENT

This Digital License Agreement (“Agreement”) governs the purchase, download, access, and use of all digital products, including STL files, cutters, stamp files, templates, guides, and related digital content (“Digital Products”) provided by acot™ / A Cookie Or Two (“ACOT”, “we”, “our”, or “us”).

By purchasing, downloading, accessing, or using our Digital Products, you (“Customer”, “you”, or “your”) agree to the terms outlined below.

1. LICENSE GRANT

Upon purchase, ACOT grants you a limited, non-exclusive, non-transferable, revocable license to use the purchased Digital Products for personal, small business, non-commercial use only. This purchase is a license to use the files — not a transfer of ownership. All intellectual property rights remain the sole property of ACOT.

2. PERMITTED USE

You MAY:

  • Use the Digital Products for personal, small business, non-commercial purposes only
  • Use the files for hobby purposes

  • Use your personally owned 3D printer to print and manufacture physical items from our Digital Products, for the purpose of creating and selling cookies within your small business

3. PROHIBITED USE

You MAY NOT:

  • Sell, manufacture, distribute, or commercially produce physical products created from the Digital Products
  • Sell physical cookie cutters, stamps, moulds, fondant toppers, or any digital products derived from ACOT Products
  • Use the Digital Products for commercial gain 
  • Share, forward, gift, sublicense, upload, distribute, or resell the Digital Products in any format
  • Upload files to Facebook or social media groups, shared drives, websites, public library 3D printers, marketplaces, cloud storage platforms, or file-sharing websites
  • Modify, trace, recreate, adapt, or alter the files for resale, redistribution, or commercial use
  • Claim the designs as your own
  • Sell altered or modified versions of the files
  • Use ACOT designs to create competing products, collections, or digital assets
  • Transfer access or share your customer account or login to another individual
  • Print our files using a public resource or third party owned 3D printer, including public libraries or other competing businesses 

Purchase of a Digital Product does not grant commercial manufacturing, resale, or distribution rights unless expressly provided in writing by ACOT. Unauthorized use of ACOT Digital Products for physical product sales, manufacturing, redistribution, or commercial activity is considered a breach of this Agreement and may constitute copyright infringement.

4. CUSTOMER ACCOUNT & PORTAL ACCESS

Access to Digital Products may be provided through a secure customer portal or member area. You are responsible for maintaining the confidentiality of your account login details.

ACOT reserves the right to:

  • suspend or revoke access to any customer found breaching this Agreement
  • investigate suspected unauthorized sharing or misuse
  • disable downloads or terminate licenses at our discretion where misuse is identified

No refunds will be issued where access is revoked due to breach of this Agreement.

5. INTELLECTUAL PROPERTY

All Digital Products, designs, graphics, concepts, layouts, branding, and associated content remain the intellectual property of ACOT. Purchasing a Digital Product does not transfer copyright ownership. All rights not expressly granted under this Agreement are reserved by ACOT.

6. NO REFUNDS ON DIGITAL PRODUCTS

Due to the digital nature of our products, all digital sales are final. No refunds, exchanges, or cancellations will be provided once access, download, or delivery has occurred, including accidental duplicate purchases.

7. FILE SECURITY & MONITORING

ACOT may use security measures including:

  • customer account tracking
  • download monitoring
  • watermarking
  • access logs
  • customer tagging
  • restricted portal access

to protect our intellectual property and detect unauthorized sharing or misuse.

8. LIMITATION OF LIABILITY

ACOT is not responsible for:

  • printer settings or compatibility issues
  • scaling or manufacturing errors
  • software incompatibility
  • production outcomes
  • customer misuse of files

Digital Products are provided “as is” without warranties of any kind.

9. TERMINATION

This license may be terminated immediately if you breach any term of this Agreement. Upon termination, you must cease all use of the Digital Products and permanently delete all copies in your possession.

10. GOVERNING LAW

This Agreement is governed by the laws of Queensland, Australia. Any disputes arising in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia.

11. CONTACT

For licensing inquiries, permissions, or support, please contact:

acot™ / A Cookie Or Two

acot@outlook.com.au

www.acookieortwo.com

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TERMS OF SERVICE

1. SERVICES

We may provide the following products, services and content to you: (hereafter, the “Product”).

2. PAYMENT

2.1. You agree to pay us the purchase price for the Content and products listed on the Website or payment platform. Prices are listed in Australian dollars (AUD) and are not inclusive of GST, unless otherwise stated on the Website.

2.2. The payment structure for all products and Content includes:

2.2.1. full-fee upfront payment; or

2.2.2. the required instalments for a fixed and agreed period of time set out by third parties (PayPal or Afterpay).

2.3. We currently accept payment via PayPal, Afterpay and debit/ credit card. We may offer other ways to pay from time to time, such as through other third-party payment gateways or processors or electronic funds transfer into our nominated bank account, via issued invoices.

2.4. In making a payment, you warrant to us that you’ve read and agreed to the terms of any other third-party payment gateway or processor we use on the Website from time to time, which are available on their website. You understand that these services are provided by third parties and are made available to you on our Website for convenience only.

2.5. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider, please contact them directly.

2.6. We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website or otherwise notifying you.

2.7. If you fail to make a scheduled payment, or if any such payment is returned or denied for any reason, we may terminate this Agreement or suspend or cancel your involvement with our Content or products, including but not limited to course content, email support, or products and services at our absolute discretion, unless or until payment is received.


3. LICENCE

3.1. As a purchaser of a digital or physical product, we grant you a worldwide, non-exclusive, royalty-free, revocable license to access the product and all associated intellectual property in accordance with these terms, and store the digital product contained therein in your device's cache memory and to 3D print the digital product for your own personal and non-commercial use.

3.2. The payment for the product entitles you to a sole, exclusive non-transferable license to use the product for yourself. You are not to reproduce, duplicate or alter this in any manner without our explicit written permission.

3.3. Further, we don’t grant you any other rights whatsoever in relation to the Website or physical and digital products and services. Specifically, you are prohibited from re-using the products contained on our website or associated platforms (Etsy) for commercial use.

3.4. We can revoke this license immediately and without notice if you use the product other than in accordance with this license.

 

4. DISCOUNTS OR PROMOTIONAL OFFERS

4.1. We may offer discounts or promotions from time to time. Please note that discounts or promotional offers are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount to a purchase, not both).

4.2. Discounts or promotions are available for the stated time specified in the marketing of the offer.

4.3. We reserve the right to revoke any discount or promotional offer at any time without notice.

4.4. Discounts or promotions do not apply to sugar cookies and sugar cookie packs. Sugar cookies are exempt from all promoted discounts and sales. 

 

5. ACCESS for digital products

 

5.1. Once we’ve received your payment and confirmed your order, you’ll receive an email with an attached PDF which contains the digital product.

5.2. If you have any technical problems accessing the material which forms part of the product and services, please contact us for assistance.

5.3. Please ensure you provide the correct contact information in order to properly receive the product and services.

 

6. CONDUCT

 

6.1. You agree to follow our rules for participation in the product and services. You understand and agree that you must treat our team and members with respect and to refrain from conduct which is otherwise illegal, discriminatory, harassing, threatening, sexist, defamatory, vilifying, bullying, trolling, misleading or deceptive.

6.2. Failure to comply with this clause amounts to a breach of this Agreement and we may suspend or limit your access to the Content or terminate this Agreement.

 

7. EVENTS BEYOND CONTROL

 

7.1. We will not be liable for any loss caused by any failure to observe the terms and conditions of this Agreement, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, other extreme weather event or natural disaster, riot, strike, act of war, terrorist attack, nuclear event, pandemic, epidemic, widespread contagion, quarantine restriction, critical infrastructure failure, severe disruption to virtual infrastructure, restriction or prohibition or any other action by any government or semi government authority, or major injury or illness of key personnel. We may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution. 

 

8. ADVICE, INFORMATION AND INSTRUCTIONAL VIDEOS

 

8.1. We may give you advice, recommendations, information, instruction or assistance in relation to the Content and in material provided to you through the Content, believing it to be accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability.

8.2. The information, advice and instruction we give are general in nature and is not intended to constitute or substitute for professional or medical advice. You should seek appropriate professional advice suitable for your personal circumstances if necessary.

8.3. We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our Website or products, unless otherwise required by law.

8.4. As part of the Content and products, we may recommend the Content and products of third parties. Where we make introductions and referrals to other service providers, you are under no obligation to work with any service providers to whom we introduce. If you do use these service providers, you make the decision to use that service provider independently of our recommendation. If you do engage a recommended service provider of ours, it is expected that you will be required to enter into terms and conditions with the service provider and it is your responsibility to fully understand the rights and obligations of that contractual arrangement. We cannot and will not give you advice on these contractual arrangements and you must take the opportunity to obtain independent advice, whether legal or otherwise, in relation to these contractual arrangements.

8.5. We will not be liable for any claim, demand, loss, costs or expense made by any person arising from your relationship with a service provider introduced by us. You agree to indemnify and hold us harmless for any loss and damage arising from such relationship, or for any non-performance, error or change made by you or the service provider.

 

9. LINKED WEBSITES

 

9.1. As part of the Content and products, we may link to and from other websites that we think share our ethos and that we think you will find helpful. Those websites will have information collated and presented by third-party businesses, organisations and individuals. Please note that we may include these links for your convenience, however we don’t necessarily endorse or support the views, opinions, standards or information expressed on them. For your own safety, please make sure you check the protocols and standards of the linked websites before using them.

9.2. Of course, because the linked websites are run by third parties, we can’t warrant or represent that any of the information on them is up to date, complete or correct. While we do our best to make sure we link to reputable websites, we can’t accept responsibility or liability for any loss, damage, cost or expense you or anyone else might incur because you’ve used or relied on material on the linked websites, so please make sure you use caution and common sense while browsing online, especially if you’re making purchases.

 

10. AUSTRALIAN CONSUMER LAW

 

10.1. The Content and products comes with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL).

10.2. Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.

10.3. Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, under s64A of the ACL to replacement of the Content and products or the cost of having the Content or products replaced, or such other remedy that we see fit.

10.4. We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL (for example, we are unable to exclude or limit liability for consequential loss arising out of a breach of a consumer guarantee).

 

11. DISCLAIMER AND LIMITATION OF LIABILITY

 

11.1. Except as set out above, to the maximum extent permitted by law, we exclude all terms, guarantees, warranties, representations or conditions which are not expressly stated in these terms and conditions.

11.2. Please note that we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee to which you are entitled under the ACL), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Content, products, Website or these terms and conditions (including as a result of not being able to use or access the Services or Website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

11.3. We make the Content and products available to you, however you use the Content and products at your own risk. Everything in the Content and products is provided "as is" and "as available" – we don’t make any representations or warranties of any kind.

11.4. If for any reason you are not a consumer of Content and products for the purposes of the Australian Consumer Law, we exclude all liability to you, however arising, including by negligence.

11.5. You understand that there can be no assurance as to any particular outcome or results based on the use of the Content. Any testimonials or examples shown in marketing materials examples of what may be possible for you. You agree to be open, present and partake in services as proposed. You are responsible for your own success and implementation of objectives. We may revise methods or parts of the Content based on the needs of the Client.

 

12. REFUNDS AND CANCELLATIONS

 

12.1. Unless otherwise required by law, all fees paid for the Services and products are non-refundable. Further, once you have enrolled in the course or paid for your products, you are unable to cancel. Where you no longer wish to participate in the course, or receive said products, you will still be required to pay the Fees for the fixed period of time as described in Clause 2.2.2.

12.2 We reserve the right to cancel sugar cookie orders if the requested order infringes upon an external intellectual property rights. 

 

13. INTELLECTUAL PROPERTY

 

13.1. All content and products in the Services and Website is subject to copyright and is protected by copyright under the laws of Australia and through international treaties. Unless we say otherwise, all rights (including copyright) in the Services and website (including text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us and are reserved by us.

13.2. You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this Agreement will remain our sole property and that nothing in this Agreement transfers any ownership in our intellectual property rights to you.

13.3. If you would like to share our website or social media content that’s freely available for re-use or is in the public domain, you are permitted to do so, as long as you attribute same to us and link back to our website. This includes images on our website and social media profiles, unless we explicitly cite a copyright notice indicating otherwise. If you’d like to share, re-publish or otherwise use our website or content in a way that you aren’t expressly authorised to do by these terms, please don’t hesitate to get in touch with us.

13.4. You are expressly prohibited from producing, publishing, or otherwise distributing any of the Intellectual Property (such as our course content), save as to any licence of the Intellectual Property or part thereof granted under this Agreement.

 

14. CONFIDENTIALITY

 

14.1. You acknowledge that you may have access to certain confidential information of ours, including (but not limited to) technical information and know how relating to the Content, the Website (Confidential Information). You agree to treat as confidential the Confidential Information and not use or disclose the Confidential Information during the term of this Agreement or thereafter, other than in connection with performing this Agreement or with our prior written consent.

14.2. In the event of a breach or threatened breach by you of this clause, you acknowledge we will be irreparably harmed, and monetary damages will be an insufficient remedy. Accordingly, you consent to enforcement of this clause by means of temporary or permanent injunction and other appropriate legal or equitable relief in any competent court.

15.3. This clause survives the expiry or termination for any reason of this Agreement.

14.4. You agree the restrictions set out in this clause are reasonable and necessary to protect our goodwill and reasonable commercial interests.

 

15. CONFLICT OF INTEREST

15.1. You are required to immediately disclose any potential, perceived or actual conflict of interest (whether direct or indirect) that may give rise to a conflict your involvement in the course or the provision of Content to you. We may take action to eliminate or reduce any such conflict. If in our opinion, you fail or refuse to declare any such conflict, or to resolve it in a manner satisfactory to us in accordance with our directions, then notwithstanding any other provision of this contract, we may terminate this Agreement.

 

16. DISPUTE RESOLUTION

 

16.1. If a dispute arises between the parties, the party claiming the dispute must not commence any court or arbitration proceedings (except where they seek urgent interlocutory relief), unless they have first complied with this clause. The party must inform the other party in writing of the following:

a) the nature of the dispute;

b) the outcome they desire to resolve the dispute, and

c) the action they believe will settle the dispute.

16.2. On receipt of the notice by the other party, both parties will make every effort, without delay and in good faith, to resolve the dispute by mutual negotiation within fourteen (14) Business Days.

16.3. Each party acknowledges and agrees that they will not make any oral or written statement about the other party in relation to the subject matter of this agreement that is intended or is reasonably likely to disparage the other party; or otherwise degrades the other party’s reputation.

16.4. If the parties are unable to resolve the dispute in that time, the parties must agree on selection of a mediator (if the parties are unable to agree, they agree to request that the President of the Law Society of Western Australia appoint a mediator) and will be equally liable for the fees and reasonable expenses of the mediator and the cost of the venue of the mediation (to be paid in advance). The parties must each pay their own costs associated with the mediation, which must be held in Western Australia.

16.5. The existence of a dispute or the commencement of proceedings does not affect the obligation of the parties to continue to perform their obligations under this Agreement.

16.6. This clause survives termination of this Agreement.

 

17. VARIATION

 

17.1. We may make permitted variations to these conditions at any time by updating this document and giving notice to you by posting a copy on the Website, or otherwise notifying you in writing. The variations will take effect thirty (30) days after the date of posting. Your continued access and use of the Services will indicate your acceptance of the variations.

17.2. Permitted variations will be limited to those reasonably required by us to protect our legitimate business interests and which do not seriously impact the benefit you receive under this Agreement.

 

18. SEVERANCE

 

If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the Agreement will remain in force.

 

19. ASSIGNMENT

The rights of each party under this Agreement are personal. You may only assign, charge, transfer or otherwise encumber or dispose of any of their rights under this Agreement with our prior written consent, which can only be withheld on reasonable grounds. We may assign, charge, transfer or otherwise encumber or dispose of any of their rights under this Agreement on giving you notice in writing.

 

 

  1. WAIVER 

A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.

 

21. TERM 

This Agreement commences on the date that it is accepted by you and will remain in force until each party has fulfilled their obligations under this Agreement, unless terminated earlier in accordance with this Agreement or general law.

 

22. TERMINATION

We may terminate this Agreement at any time for any reason and can restrict your access to the Content where we feel is a risk of further breach. All disclaimers and limitations of liability will survive termination. Any accrued rights or remedies to which either party is entitled will not be affected.

 

23. JURISDICTION

As we’re based in QUEENSLAND, these conditions will be governed by the laws of this state/territory. If we do end up in court, you agree that the non-exclusive venue for resolving any dispute will be in the courts of Queensland, Australia.