Terms of Service
1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you", or "your") and Luminara Digital Pty Ltd, a company registered in Australia ("Luminara Digital", "we", "us", or "our").
By accessing our website (https://luminara.digital), using our free tools, scheduling a consultation, or engaging our digital growth and marketing services, you agree to be bound by these Terms and our Privacy Policy.
2. Scope of Services
Luminara Digital provides Shopify, web app and measurement services, including:
- Shopify store and web app builds, including clinic websites and Launch Kits.
- Analytics and tracking, including GA4 and server-side tracking (such as the Meta Conversions API).
- Search and AI visibility, including technical SEO, Answer Engine Optimisation (AEO), Generative Engine Optimisation (GEO) and search audits.
- Google and Meta ads management.
- Automation, including CRM integration and email and SMS flows.
- Hosting and care for the sites and web apps we build.
Note: For healthcare and dental practices, our services drive enquiries to the booking or practice management system the practice already uses; we do not replace it. We do not provide clinical dental software or medical advice.
3. Client Responsibilities & Healthcare Compliance
So that we can deliver the work, Client agrees to:
- Provide timely access to necessary marketing assets, accounts (Google Ads, Search Console, GA4), and content approvals.
- Ensure that all factual claims regarding clinical procedures, pricing, qualifications, and patient outcomes provided for publication comply with national advertising regulations, including the Australian Health Practitioner Regulation Agency (Ahpra) Guidelines for Advertising a Regulated Health Service and the Therapeutic Goods Administration (TGA) code.
- Maintain full responsibility for final clinical approval of all advertised medical and dental copy.
4. Retainers, Invoicing & Cancellations
- Fees: Services are billed on a monthly subscription or defined project milestone basis, as specified in your proposal or service tier agreement. All prices are in AUD and exclude GST.
- Ad Spend: Media spend (e.g. paid Google Ads or Meta ad budgets) is billed directly by the platform provider to Client's credit card and is separate from agency management fees.
- Cancellation: Monthly retainer agreements may be cancelled with thirty (30) days written notice before the next billing cycle.
- Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, or right conferred by the Australian Consumer Law (Competition and Consumer Act 2010).
5. Intellectual Property
Client Property: Client retains all intellectual property rights in their existing trademarks, patient data, brand assets, and proprietary content provided to Luminara Digital.
Accounts in Client's name: Your store, ad accounts, analytics, email lists and code are set up in your name from day one. Client remains the owner of those accounts and the data in them.
Deliverables: Once the relevant invoices are paid, Client owns the work delivered for their business, including the code we wrote or customised for them, content, designs and configuration. Client may keep changing and extending it themselves or with another provider.
What Luminara keeps: Luminara Digital keeps ownership of its pre-existing and reusable materials: its Launch Kits and their design systems and components, and its internal tools and working methods. Where these form part of a deliverable, Client receives a licence to use them as part of that deliverable. Client may not resell or redistribute a kit itself as a theme, template or starter. The Launch Kit licence sets out these terms for kit builds.
6. Warranties & Disclaimers
Third-party search engines (Google, Bing) and AI search algorithms operate autonomously. We cannot and do not guarantee specific organic ranking positions, revenue quotas, or algorithm immunity. Services are provided with professional skill and care.
7. Limitation of Liability
To the maximum extent permitted by Australian law, Luminara Digital Pty Ltd shall not be liable for any indirect, incidental, special, or consequential damages, loss of profits, data, or business opportunities. In all cases, our total aggregate liability arising out of or related to these Terms shall not exceed the total fees paid by the Client to Luminara Digital in the three (3) months immediately preceding the event giving rise to liability.
8. Governing Law & Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.
Questions regarding these Terms? Email us at info@luminara.digital.