TERMS OF USE
Welcome to www.kdigitaldesign.com (the ‘website’).
Website Shop Terms and Conditions
Please note that all sales from the K Digital Design Shop are final. There will be no refund or exchange, due to their digital nature and instant delivery. All templates are copyright of K Digital Design.
The fonts, images, and elements used are all available on Canva (unless otherwise specified). Please note that you are purchasing the template only. Unless otherwise stated, the images and fonts used are properties of Canva. You may use them or use your own. Some of the images or fonts may be Premium Canva elements, in which case, you may change the image or font with your own or a free image or font available with the free Canva account. Or, you can purchase the premium Canva images/fonts/elements. Alternatively, you may elect to have a Premium Canva account.
All products are sold to individuals and are for the personal use of the buyer only. No permission is given for any product or service to be shared or sold.
Website Terms and Conditions of Use
The website provides you with an opportunity to browse and purchase various products and services that have been listed for sale through the website (the ‘Products’). The website provides this service by way of granting you access to the content on the website (the ‘Purchase Services’).
The website is owned, managed and operated by K Digital Design registered to trade under Australian Business Number 71631523626 and registered to trade as K Digital Design. Whilst this business provides virtual services, it is based in Brisbane, Queensland, Australia.
Access to and use of the website, or any of its associated Products or Services, is provided by K Digital Design. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the website, or any of Services, immediately.
K Digital Design reserves the right to review and change any of the Terms by updating this page at its sole discretion. When K Digital Design updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept the Terms by remaining on the website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by K Digital Design in the user interface.
Liability
K Digital Design will make every attempt to publish true and accurate information, however we cannot guarantee that there will never be any errors or mistakes in published material. K Digital Design does not accept any responsibility for the accuracy or completeness of any material contained in this site. Additionally, K Digital Design disclaims all liability to any person relying wholly or partially upon any information presented in this site in respect of anything, and the consequences of anything, done or omitted to be done.
Our website may contain links to websites that are not owned or controlled by K Digital Design and are considered an “external website”. K Digital Design assumes no responsibility for the content, privacy policies, or practices of the external websites or services. You acknowledge and agree that K Digital Design shall not be responsible for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such external website. We strongly advise you to read the terms and conditions and privacy policies of any external websites that you visit.
You indemnify K Digital Design against each claim, action, proceeding, judgment, damage, loss, expense or liability incurred or suffered by, or brought, made or recovered against us in connection with any breach by you of these terms and conditions.
Any legal issues arising in relation to the use of this website will be dealt with under the laws of Queensland, Australia. Illegal activity under those laws will be a violation of these terms, but as the website is accessible worldwide you should be aware that you could be prosecuted under the law of those jurisdictions.
Privacy
K Digital Design takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to K Digital Design’s Privacy Policy, which is available on the Website.
Things you must not do
You must not misuse this Website. In agreeing to the Terms you warrant that you will not:
• commit or encourage a criminal offence;
• transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
• hack into any aspect of the Service;
• corrupt data;
• cause annoyance to other users;
• infringe upon the rights of any other person’s proprietary rights;
• send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
• attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
You understand and acknowledge that breaching this provision and these obligations would constitute a criminal offense and that we will report any breach of this type to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.
Copyright and Intellectual Property
The website, the Purchase Services and all of the related products of K Digital Design are subject to copyright. The material on the website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the website content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by K Digital Design or its contributors.
K Digital Design retains all rights, title and interest in and to the website and all related content. Nothing you do on or in relation to the website will transfer to you:
(a) the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of K Digital Design; or
(b) the right to use or exploit a business name, trading name, domain name, trademark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
You may not, without the prior written permission of K Digital Design and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the website, which are freely available for re-use or are in the public domain.
Indemnity
You agree to indemnify, defend and hold harmless us as Website Owner and our directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Use.
Invalidity
If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
Purchase of Products and Returns Policy
In using the Purchase Services to purchase the Product through the website, you will agree to the payment of the purchase price listed on the website for the Product (the ‘Purchase Price’). The purchase price is in Australian Dollars.
Payment of the Purchase Price may be made through PayPal, Stripe, Wave or other (the ‘Payment Gateway Provider’) In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
Following payment of the Purchase Price being confirmed by K Digital Design, you will be issued with a receipt to confirm that the payment has been received and K Digital Design may record your purchase details for future use.
As the products and services are of a digital nature, no refunds are available. In the event of purchase of a physical product, K Digital Design may, at their sole discretion, provide a refund on the return of the Products within 14 days where applicable days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
Linking to this website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
General Disclaimer
You acknowledge that K Digital Design does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
K Digital Design will make every effort to ensure a Product is accurately depicted on the website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the website.
Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) K Digital Design 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), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website, the Purchase Services, and any of the products of K Digital Design is at your own risk. Everything on the Website, the Purchase Services, and the Products of K Digital Design are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of K Digital Design make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of K Digital Design) referred to on the website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the website);
(c) costs incurred as a result of you using the website, the Purchase Services or any of the Products;
(d) the Content or operation in respect to links which are provided for the User’s convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
Limitation of Liability
K Digital Design’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of K Digital Design is the resupply of information or Purchase Services to you.
You expressly understand and agree that K Digital Design, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
K Digital Design is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the website or in connection with the Purchase Services, whether posted or caused by users of the website of K Digital Design, by third parties or by any of the Purchase Services offered by K Digital Design.
Termination of Contract
The Terms will continue to apply until terminated by either you or by K Digital Design as set out below.
If you want to terminate the Terms, you may do so by:
(a) notifying K Digital Design at any time; and
(b) closing your accounts for all of the Purchase Services which you use, where K Digital Design has made this option;
(c) ) any direct or indirect consequences of you accessing, using or transacting on the website or attempts to do so and any breach by you or your agents of these Terms; and/or
(d) any breach of the Terms.
Affiliates
From time to time K Digital Design will be a registered affiliate for select and trusted service providers whom they use and recommend, and some links may be shared within this website. Clicks on affiliate links may entitle K Digital Design to a small commission should a sale be generated on the company’s site through the use of the affiliate link. Affiliate links are disclosed when they apply.
Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments by contacting us as follows:
K Digital Design
Email: info@kdigitaldesign.com
Last update: 1st August 2020
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