This website is operated by Date of Earth from Sydney, New South Wales, Australia. Throughout the Site, “Date of Earth”, “we”, “us”, and “our” refer to the operator of Date of Earth. We make the Site, information, tools, products, and related services available to you subject to these Terms of Service.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot lawfully be excluded under the Australian Consumer Law or another applicable law.
01
Agreement to these terms
By accessing dateofearth.com, using any part of the Site, or placing an order, you engage with our services (the “Service”) and agree to these Terms of Service, together with the policies linked from them. These Terms apply to visitors, customers, suppliers, and anyone who submits content through the Site.
If you do not agree to these Terms, do not use the Service or place an order. Any new feature, tool, product, or service we add to the Site will also be subject to the version of these Terms in effect at that time.
02
Online store terms
You must be at least 18 years old and have legal capacity to enter into a contract, or use the Service with the involvement and permission of a parent or legal guardian who agrees to these Terms on your behalf.
You must not use our products or Service for an unlawful or unauthorised purpose, violate applicable laws (including intellectual property and privacy laws), or transmit viruses, worms, malicious code, or other harmful material. We may suspend or terminate access where you materially breach these Terms.
03
General conditions
We may refuse or cancel an order, restrict access, or decline to provide the Service where reasonably necessary. For example, this may occur because of suspected fraud, unlawful conduct, payment failure, product availability, delivery restrictions, or a material breach of these Terms. If we cancel an accepted and paid order for reasons not caused by you, we will refund the amount you paid for the cancelled order.
You must not reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, access to the Service, or content on the Site without our written permission, except as allowed by law. Headings are for convenience and do not affect interpretation.
04
Products, imagery, and personalisation
Date of Earth products are personalised from the date, location, coordinates, message, theme, format, size, finish, framing, and other selections submitted with an order. You are responsible for reviewing these details, including spelling, dates, place names, orientation, dimensions, and delivery information, before placing your order.
We make reasonable efforts to display product colours, proportions, materials, and finishes accurately. The appearance of a physical product may vary slightly from an on-screen preview because of monitor settings, printing processes, natural material variation, framing, cropping, or scale. These normal variations do not affect your rights where a product fails to meet an applicable consumer guarantee.
Earth imagery and source information
Earth imagery may use exact satellite imagery, the nearest suitable observation, a composite, or a historical reconstruction, depending on the selected date, location, available source data, cloud coverage, and production method. The preview and product source label will describe the applicable imagery basis. Unless expressly stated, a print should not be understood as a photograph captured at the exact local time and viewing position you selected.
References to NASA, NOAA, or another scientific source are source credits only. They do not imply sponsorship, approval, or endorsement of Date of Earth.
05
Orders, prices, and payment
Submitting an order is an offer to purchase. An automated acknowledgement confirms that we received your order; it does not by itself mean that we have accepted it. We accept an order when we confirm it for production or supply the digital product. We may contact you to clarify personalisation details before acceptance.
Our product prices are set in Australian dollars (AUD). Where supported, the Site converts them into a local currency using our saved exchange rate and rounds the displayed selling price to the nearest whole currency unit. Location is estimated from country information; United States dollars (USD) are used when a location or supported local currency cannot be determined. The currency, delivery charge, and total you will pay are displayed before you submit payment. Prices, rates, promotions, products, and availability may change before an order is accepted.
You authorise us and our payment provider to charge the payment method you select for the total displayed at checkout. You must provide current, complete, and accurate contact, billing, delivery, and payment information. We may use third-party payment and fraud-prevention providers, such as Stripe, to process the transaction.
If we discover an obvious pricing, product, or availability error before accepting an order, we may ask you to confirm the corrected order or cancel it and issue a refund. We will not substitute a materially different product without your agreement.
06
Production and delivery
Production and delivery dates are estimates unless we expressly agree otherwise. Personalised goods may be produced and shipped by specialist partners in Australia or overseas. We will take reasonable steps to meet an estimated timeframe and tell you about a material delay we become aware of.
The fulfilment country for each physical order is selected at the time of ordering by our fulfilment partner’s routing system. Where a packaging insert is included, it normally follows the same fulfilment country as the product.
In most cases, an order is fulfilled by the closest suitable production centre. Stock availability, production capacity, product specifications, or service coverage may mean that an order is produced or shipped internationally, even when a production centre operates in the delivery country.
You are responsible for providing a complete and accurate delivery address. Additional reasonable costs caused by an incorrect address, refused delivery, or failed delivery may be charged to you where permitted by law. Risk in physical products passes to you when they are delivered to you or a person authorised to receive them.
Digital products are delivered electronically to the email address or download method shown at checkout. You are responsible for checking file compatibility and retaining a backup after download.
07
Cancellations, returns, and consumer rights
Because personalised products are made to your specifications, we do not generally offer change-of-mind returns after production has begun. If you need to change or cancel an order, email hello@dateofearth.com as soon as possible. We will try to help, but cannot guarantee a change once artwork preparation, production, or digital delivery has started.
This change-of-mind position does not limit your rights if goods or services do not meet an applicable consumer guarantee, are damaged, defective, unsafe, materially different from their description, or are otherwise covered by law. Contact us as soon as reasonably possible with your order details and, where useful, photographs of the issue so we can assess the appropriate remedy. Our additional satisfaction promise and return process are set out in our Refund Policy.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For a major failure, you may be entitled to cancel a service and receive a refund for its unused portion or reduced value, and to choose a refund or replacement for goods. For a failure that is not major, you may be entitled to have the problem rectified within a reasonable time. You may also be entitled to compensation for other reasonably foreseeable loss or damage.
08
Accuracy of Site information
We aim to keep information on the Site accurate, complete, and current, but general material may contain errors or become outdated. Historical or scientific information may also change as datasets and methods develop. Product descriptions, imagery, prices, promotions, delivery estimates, and availability may be corrected or updated.
You should not rely on general Site content as professional, scientific, legal, financial, or other specialist advice. We may modify Site content at any time, but this does not allow us to avoid obligations applying to an order we have already accepted.
09
Third-party tools, services, and links
The Service may use or link to third-party tools, websites, payment services, map and geocoding services, scientific datasets, couriers, printers, or fulfilment providers. Third parties may have their own terms and privacy policies.
We are not responsible for a third-party website or service that we do not control. Review the relevant third-party terms before using it. Nothing in this section excludes responsibility we have under law for suppliers or contractors we use to provide your order.
10
Your content and feedback
You retain ownership of dates, messages, images, text, instructions, and other content you submit for personalisation (“Customer Content”). You grant us and the service providers involved in your order a non-exclusive, worldwide, royalty-free licence to host, reproduce, adapt, and use Customer Content only as reasonably necessary to preview, produce, deliver, support, and keep required records of your order.
You confirm that you have the rights and permissions needed to submit Customer Content and that our authorised use of it will not infringe another person’s intellectual property, privacy, publicity, or other rights. Do not submit unlawful, misleading, abusive, or harmful content.
If you voluntarily send ideas, suggestions, or product feedback that is not Customer Content, you allow us to use it without restriction or payment. We are not required to keep unsolicited feedback confidential or to implement it.
11
Personal information
Our collection, use, holding, and disclosure of Personal Information is described in our Privacy Policy. By submitting Personal Information, you confirm that the information is accurate and that you are authorised to provide it.
12
Prohibited uses
You must not use the Site, Service, or their content:
- for an unlawful, fraudulent, deceptive, obscene, or harmful purpose;
- to infringe intellectual property, privacy, confidentiality, or other rights;
- to harass, abuse, threaten, defame, discriminate against, or harm another person;
- to submit false or misleading information or impersonate another person;
- to upload malicious code or interfere with the security, availability, or operation of the Site;
- to collect or track another person’s information without authority;
- to spam, phish, pharm, pretext, scrape, crawl, or access the Site using automated means except as permitted by us or law; or
- to circumvent security, access controls, rate limits, or technical protections.
We may suspend or terminate access for a prohibited use and may report suspected unlawful conduct to appropriate authorities.
13
Intellectual property
The Site and its original branding, layouts, copy, software, artwork templates, product designs, and other content are owned by or licensed to Date of Earth and are protected by intellectual property laws. Subject to these Terms, we give you a limited, revocable, non-transferable right to use the Site for personal shopping and to use a purchased personal-use digital file for its stated purpose.
Purchasing a product does not transfer our underlying template, software, brand, or design rights. You must not commercially reproduce, resell, distribute, remove rights notices from, or create derivative commercial products from our content unless we give written permission.
14
Service availability, warranties, and liability
We do not promise that the Site will always be uninterrupted, secure, or error-free. We may suspend or change all or part of the Site for maintenance, security, operational, or legal reasons. To the extent permitted by law, general Site features are provided on an “as available” basis.
Nothing in these Terms excludes, restricts, or modifies a right, guarantee, warranty, condition, or remedy that cannot lawfully be excluded. Where liability can lawfully be limited, our liability will be limited to the extent permitted by law and having regard to the loss reasonably caused by our act or omission.
To the maximum extent permitted by law, we are not liable for indirect or consequential loss that was not reasonably foreseeable, or for loss caused by your breach of these Terms, inaccurate information you supplied, unauthorised use, or a third-party service outside our reasonable control. This limitation does not apply to liability that cannot be excluded, including liability for fraud, wilful misconduct, or personal injury caused by negligence where the law prohibits exclusion.
15
Indemnity
To the extent permitted by law, you indemnify Date of Earth and our personnel against a third-party claim, liability, or reasonable cost to the extent it is caused by your unlawful use of the Service, your material breach of these Terms, or Customer Content that infringes the third party’s rights. Your responsibility is reduced to the extent our negligence, breach, or unlawful conduct caused or contributed to the loss.
16
Termination
These Terms apply while you use the Service. You may stop using the Service at any time. We may suspend or terminate your access where reasonably necessary because of a material breach, unlawful conduct, security risk, or non-payment.
Termination does not affect rights, payment obligations, accepted orders, or liabilities that arose before termination. Provisions intended by their nature to continue survive termination. These include intellectual property, payment, liability, indemnity, privacy, and dispute provisions.
17
Severability, waiver, and entire agreement
If a provision of these Terms is unlawful or unenforceable, it will be read down to the minimum extent necessary or severed, and the remaining provisions will continue. A delay or failure to exercise a right is not a waiver of that right.
These Terms and the policies incorporated by reference form the entire agreement between you and us about the Service, replacing earlier communications on the same subject. They do not exclude any representation, guarantee, or right that cannot lawfully be excluded. If an ambiguity exists, it will be interpreted according to applicable law rather than automatically for or against either party.
18
Governing law and disputes
These Terms are governed by the laws of New South Wales, Australia, and applicable Commonwealth laws. Subject to any right you have to bring a claim elsewhere, the courts of New South Wales and the courts hearing appeals from them have non-exclusive jurisdiction.
If a concern arises, please contact hello@dateofearth.com so we can try to resolve it promptly. Nothing in these Terms prevents either party from seeking urgent relief or using a court, tribunal, regulator, consumer affairs body, or other dispute process available under law.
19
Changes to these terms
We may update these Terms to reflect changes to the Service, our practices, or applicable law. The current version will be posted on this page with an updated date. Changes will apply prospectively from the stated effective date. If a change materially affects an accepted order or an ongoing paid service, we will provide notice where required and will not remove rights already accrued without your agreement or a lawful basis.
20
SMS and MMS mobile message program
If you affirmatively opt in, Date of Earth may send recurring SMS or MMS messages about our physical and digital products, order-related information, promotions, offers, and events (the “Program”). Your consent to marketing messages is not a condition of purchase. Message frequency varies and standard message and data rates may apply.
Opting in and out
By joining the Program, you confirm that you control the mobile number supplied and are authorised to consent. To opt out, use the unsubscribe instructions in a message, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT where replies are supported, or email hello@dateofearth.com. We will action a valid unsubscribe request within five working days and may send one confirmation message. For support, reply HELP or email us.
If you stop using or transfer the subscribed number, please unsubscribe or tell us so messages are not sent to a new number holder. You can withdraw consent using any reasonable method; you are not limited to the keywords above.
Delivery and availability
You need a device and mobile service capable of receiving the relevant messages. Carrier support and MMS availability vary. Where supported, an SMS may be sent instead of an MMS. Delivery depends on your network operator and is outside our direct control, so messages may be delayed or undelivered.
Age and acceptable use
You must be at least 18 years old to join the Program, or have the involvement and permission of a parent or legal guardian. You must not use the Program to send unlawful, fraudulent, threatening, harassing, discriminatory, obscene, infringing, malicious, or otherwise prohibited content.
Privacy and changes
We handle Program information under our Privacy Policy. We may change or end the Program, and will communicate material changes where required. Marketing messages will identify Date of Earth, include valid contact details, and provide a clear unsubscribe method as required by Australian law.
21
Contact information
Questions, concerns, and notices about these Terms should be sent to:
Date of Earth Sydney, New South Wales, Australia hello@dateofearth.com