Terms of Service I Cultive Creative
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Cultive Creative Terms of Service 2020

Definitions

Cultive Creative : Cultive Creative Pty Ltd (ABN 86627251241).

Cultive Creative Content: is all the content that we have put on Cultive Creative and includes the design, compilation, and look and feel of Cultive Creative, and copyright, trademarks, designs and other intellectual property on Cultive Creative(unless otherwise stated and excluding content owned by others like author content)

Products: digital goods found on Cultive Creative, which may include goods like graphic design templates, fonts, WordPress themes, Shopify Theme, Lightroom Preset Files, Photoshop files, Illustrator files, photography and more.

Hi, we’re Cultive Creative, an online service for digital Items created by us. When we say ‘we’, ‘us’ or ‘Cultive Creative’ it’s because that’s who we are and we own and run the Cultive Creative platform and it’s designs..

At Cultive Creative, we are committed to making our Terms and Conditions as easy to read and understand as possible. If you have any questions, please contact us directly at hello@thecultive.com

About these Terms and Conditions

These Terms and Conditions, set out the terms of the agreement between you and Cultive Creative. By using our website, you unreservedly accept these Terms and Conditions, and you agree that your use of our website, including any purchase of goods from us, is subject to the terms thereof.

These Terms and Conditions cannot be varied without our written consent. We may update these Terms and Conditions from time to time and the current version will always be shown on the Terms and Conditions page of our website at https://www.cultivecreative/terms. Failure to read and understand our terms and conditions makes you ineligible to use our website in any manner.

Accessing our website

We will not be liable if for any reason our website is unavailable at any time or for any period. From time to time, we may need to restrict access to our website (wholly or partly). You are entirely responsible for your own access to our website. You are also responsible for ensuring that all persons who access our website through your Internet connection are aware of these Terms and Conditions, and that they comply with them.

Our Website

We endeavour to ensure that all the products on our website are accurately depicted, and we rely on information provided to us by our suppliers. Unfortunately, on some occasions it is possible that our website will contain errors and we reserve the right to correct any errors or inaccuracies at any time, including after you have placed an order. We endeavour to ensure that all colours are displayed accurately, but you should be aware that colours may appear slightly differently on different displays and screens. To the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available or offered on our website are accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of any of the products offered via our website.

We reserve the right to withdraw any products from our website at any time and/or remove or edit any materials or content on our website. 

Whilst we will make our best efforts to process all orders, there may be exceptional circumstances. 

Website Changes

We aim to update our website regularly, and may change content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. We will use reasonable endeavours to ensure our website contains accurate information and content, however, we reserve the right to update our website as soon as an error or inaccuracy has been identified.

Intellectual property 

We are the owner or the licensee of all intellectual property rights (including, without limitation, trademarks and copyright) in our website, and in the material published on it (including, without limitation, its look and feel, brands, logos and trademarks, information, graphics, photographs, content, images, sounds, video, audio, text, layout, logos, button icons and the compilation and organisation thereof, and all intellectual property rights contained therein). Those works are protected by intellectual property laws around the world. All such rights are reserved. 

You must not use any part of the materials on our website, services or e-commerce facilities for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our website in breach of these Terms and Conditions, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You are not permitted to copy, publish or use any of the content in any way, whether personal or commercial, without our prior written permission. 

The products, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.

License and Use

Your purchase of one of our products constitutes our granting to you of a non-exclusive, non-sublicensable, non-transferable license to download and access that product for the purpose of your own personal use and reference, and print or convert the product to an image or vector format for your own storage, retention and reference (the “purpose”). You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose. 

For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our products, whether modified or not, to any third party. You agree not to use any of our products in a way which might be detrimental to us or damage our reputation.

Prices, payment and sales tax

All prices displayed on our website are in US dollars and include sales tax based on the regulations of the region that the product will be shipped to. All payments are processed in US dollars. We accept payment by various methods, including by credit card (Visa and MasterCard) and PayPal. Prices are subject to change effective immediately upon posting to our website or other form of notification. 

Currency conversion costs

You are responsible for all costs of currency conversion relating to your Cultive Creative items. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).

Payment security

We use industry standard encryption to keep your personal information secure throughout the payment process. We do not permanently store your credit card or bank information. We will not be liable for any damages or losses (whether direct or indirect) caused if a member's card is used fraudulently. In an effort to prevent fraudulent use of credit cards or other payment options, we will undertake reasonable efforts to validate the legitimacy of the order and payment method.

Refunds and cancelations

  1. Given the nature of digital content, we do not generally offer a refund or credit on a purchased subscription unless we have made changes to these terms that materially affect you to your detriment or as required under Australian consumer law or other relevant consumer protection laws. If you would like to request a refund or credit you should open a help request. 
  2. We will assess refund or credit requests on their merits. There is generally no obligation to provide a refund or credit in situations like the following:
    1. you have changed your mind about your subscription;
    2. You purchased by mistake
    3. you do not have sufficient expertise to use the Items made available;
    4. you ask for goodwill; or
    5. you can no longer access any of your desired Items (we advise you to download Items as soon as you purchase them to avoid this situation).
  3. If we decide to issue a refund or credit, this will generally be done using the same manner used to make the purchase. Any payment made to you will be made in the currency Cultive Creative offered to you when you purchased your product, under the rules of the payment method 

Delivery failure

It is important that you verify your information is correct before placing your order, especially your delivery email address. If the email address provided is incorrect it is your responsibility to correct this by contacting customer support.

Third party websites

Where our website contains links or references to other sites, resources, products or services provided by third parties, these links or references are provided for your information and convenience only. We have no control over the contents of those sites, resources, products or services, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Your linking to or from these sites, or use of, or reliance on such sites, resources, products or services is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites or third party suppliers that you visit or transact with. Links, references or other connections to these sites, resources, products or services do not imply any endorsement of them or any association with their owners, operators or advertising material (as the context permits).

Our website may be linked to but must not be framed on any other site. Our site must not be utilised by third party web crawlers (or similar) in order to scrape content from our site for any purpose. We reserve the right to withdraw linking permission without notice.

Viruses and Hacking

You must not misuse our website by knowingly introducing viruses, trojans or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website.

Whilst we do our best to ensure that our website is virus-free, you acknowledge that the Internet and e-commerce facilities may attract unknown contingencies out of our control. Accordingly, we will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it. We always recommend all Internet users ensure they have up to date virus checking software installed.

Email communication

You consent to receive communication from us electronically, either by email or by us posting notices on our website and you agree that all communications that we provide to you electronically will satisfy any legal requirement that a communication be in writing.

Social Media and Blog

The purpose of our social channels and our Blog is to provide Cultive Creative’'s fans with inspiration, information on our sale events, access to special promotions plus the latest goings on at Cultive Creative. You 're welcome to contribute your own comments, photos & videos. To ensure a positive and respectful environment for everyone, we ask that you follow a few simple guidelines when making a contribution: We're about creating a more beautiful life. We welcome contributions on this topic. We'll delete posts that we consider to be off-topic, spam, advertising, offensive, sexually inappropriate, threatening, abusive, hateful, profane or defamatory towards a person's race, ethnicity, entity, belief or symbol. We're big supporters of lively, open discussion and we don't shy away from negative feedback from our customers, we simply deal with it in our usual professional, friendly manner. However, we reserve the right to address factual errors or delete posts if we think it appropriate or necessary to do so.

We're happy for our material to be shared within social networks such as Facebook and Instagram, but you should not copy our material and post it without attribution, nor use it for commercial purposes or claim it as your own. We support the Facebook Statement of Rights and Responsibilities, and our Facebook page adheres to relevant Facebook policies. We reserve the right to ban users who don't abide by these guidelines. 

No Warranty

The service is provided on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. 

Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.

Cultive Creative does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Canva service or any hyperlinked website or service, and Canva will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Force Majeure

We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, shipping, postal or other relevant transport strike, postal theft, failure or accident, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, interruption of the internet or a website (such as Facebook) or virus, accidents or breakdown of plant, machinery, software, hardware or communication network. 

Applicable law

These Terms and Conditions are governed by the laws of New South Wales, Australia and are subject to the non-exclusive jurisdiction of the courts of New South Wales. Our website is available only to people who can form legally binding contracts under applicable law. 

Relationship

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms and Conditions.

Severability

If any provision in these Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms and Conditions which will continue in full force and effect.

Variations

We may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our website. Any changes are effective immediately upon posting to our website.

 

 

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