Terms and Conditions of Purchase
Effective Date: 01/01/2025
These Terms and Conditions of Purchase ("Terms and Conditions") set forth your rights and responsibilities for purchases from www.lavenderandvelvetcreative.com and its sub-domains and affiliated sites ("Site"). This document constitutes a legally binding contract between Lavender And Velvet Creative Agency Inc. ("Company") and you ("Customer") regarding your purchase of website templates and digital products ("Product").
Lavender And Velvet Creative Agency Inc.'s Terms and Conditions of Purchase, website Terms and Conditions, and the website Privacy Policy are collectively referred to as this "Agreement." In the event of any conflict between these documents, these Terms and Conditions shall prevail over the website Terms, which shall prevail over the Privacy Policy.
The section below titled "Binding Arbitration" contains a binding arbitration agreement. Because this section affects your legal rights, please read it carefully. By purchasing this product, you agree to the following terms as a condition of your participation in the Program.
SECTION 1. | Payment Terms
At checkout, you may select a payment plan to either pay in full or in installments. Due to the nature of digital product delivery, you are responsible for payment in full regardless of use, dislike, or other claims to cancel or discontinue payment. You may not dispute payments, cancel your credit card on file, or stop installment payments per the selected plan.
SECTION 2. | No Refund Policy
All digital products, websites, templates, downloads, and any other purchases made on this Site are non-refundable under any circumstances. Purchased products cannot be exchanged for other products.
SECTION 3. | Confidentiality, Non-Disclosure, and Non-Disparagement
1. Confidentiality: The Customer agrees to maintain the confidentiality of any proprietary or sensitive information contained in the Product and to use it solely for their own purposes.
2. Testimonials: The Company may use general feedback or success stories from Customers as testimonials for promotional purposes. By purchasing the Product, the Customer consents to such use.
3. Non-Disparagement: The Customer agrees to refrain from making any negative or harmful statements about the Company, its services, or its products during or after the use of the Product.
SECTION 4. | Product License
You are not permitted to share Lavender And Velvet Creative Agency Inc. branded products with third parties, nor may you copy or redistribute the product and/or design elements in any way.
Each product license is for one use of the product, licensed directly to you for personal or business purposes. Using the product across multiple businesses or websites requires separate licenses. Unauthorized use will result in license termination and fees equal to additional violated licenses, plus attorney's fees, as liquidated damages.
SECTION 5. | Licensed Images and Fonts
All images and photos included in the templates are free for you to use within the software and template purchased. Many of these photos have been sourced from free stock photo websites, such as Unsplash, Kaboompics, and Pexels, and can be published on your website without restriction. Additionally, all images and fonts included in any Lavender and Velvet Creative Agency Inc. products are either the intellectual property of the Company or licensed intellectual property that the Company has obtained from third parties for use in its products. These licenses belong exclusively to the Company, and your purchase of any Lavender and Velvet Creative Agency Inc. products does not constitute a purchase, lease, assignment, or transfer of any licenses to the images or fonts contained within the products. Redistribution, resale, or use of these images and fonts outside the scope of the purchased product is strictly prohibited. By accepting these terms and conditions, you agree to abide by the usage limitations and restrictions outlined in this agreement.
SECTION 6. | Intellectual Property and Limited License
1. Intellectual Property: All content within the Product, including but not limited to text, graphics, logos, and designs, remains the property of the Company. The Customer is granted a limited license to use this content for personal purposes only.
2. Limited License: The Customer may not reproduce, distribute, or otherwise exploit any part of the Product beyond its intended personal or internal business use without explicit permission from the Company.
3. Restrictions: Customers in related industries are prohibited from using the Product content commercially or presenting it as their own.
SECTION 7. | Intellectual Property Rights
The Site's content—including code, databases, designs, text, and graphics—is proprietary and protected under copyright and trademark laws. You may not copy, reproduce, distribute, or exploit any content or trademarks without written permission from the Company.
All products are similarly protected and may not be resold, repackaged, shared, or distributed without authorization. The Company will pursue violations of intellectual property rights to the fullest extent.
SECTION 8. | Indemnity and Limitation of Liability
The Customer agrees to indemnify the Company against any claims arising from actions taken based on the use of the Product. The Company is not liable for any indirect, consequential, or punitive damages.
SECTION 9. | Permission to Use Written Copy
The Company includes ChatGPT-prompted copywriting samples within its templates as a reference for customization. These samples are provided 'as is,' and you are solely responsible for reviewing, modifying, and adapting them to meet your specific needs and ensure their accuracy, compliance, and suitability. The Company disclaims all responsibility for assisting with edits, verifying content accuracy, or ensuring legal or functional appropriateness of the provided samples.
SECTION 10. | Editing and Updating Products
Products are customizable to meet your needs. However, unauthorized edits beyond intended parameters will void your license and breach this Agreement. The Company is not obligated to assist with setup or customization, except for technical issues inherent to the product.
SECTION 11. | Submissions
Submissions of ideas, feedback, or suggestions are considered non-confidential and become the Company's property. The Company may use, modify, or distribute them without compensation or acknowledgment.
SECTION 12. | Lavender And Velvet Creative Agency Inc. Credit
A credit to Lavender and Velvet Creative Agency Inc. is mandatory and must be included in the website footer of any product purchased from the Company. This credit is non-removable and must remain visible for the duration of the product’s use. The inclusion of this credit helps promote the Company’s brand and may offer additional marketing opportunities.
SECTION 13. | Modifications and Interruptions
The Company reserves the right to modify, remove, or discontinue parts of the Site without notice. We are not liable for interruptions, downtime, or updates, and no ongoing support is guaranteed.
SECTION 14. | Site Corrections
The Company reserves the right to correct typographical errors, inaccuracies, or omissions on the Site, including those related to pricing and availability.
SECTION 15. | User Data
You are responsible for data transmitted through the Site. While the Company performs regular backups, we are not liable for data loss or corruption.
SECTION 16. | Electronic Communications, Transactions, and Signatures
By using the Site, you consent to receive electronic communications and agree that electronic signatures and records satisfy legal requirements for written documents.
SECTION 17. | Governing Law
These Terms and your use of the Site are governed by the laws of the Province of British Columbia, Canada, without regard to conflict of law principles.
SECTION 18. | Miscellaneous
These Terms, along with any posted policies or rules, constitute the entire agreement between You and us. Failure to enforce any provision does not waive our rights. These Terms apply to the fullest extent permitted by law and may be assigned by us at any time.
We are not responsible for delays or non-performance caused by events beyond our control, including natural disasters, acts of terrorism, pandemics, or other unforeseen circumstances. If any provision is deemed unlawful or unenforceable, it will be severed without affecting the validity of the remaining terms.
CONTACT US
If you have any questions, concerns, or require clarification regarding these Terms of Service or our Privacy Policy, please contact us:
Lavender And Velvet Creative Agency Inc.
Website: www.lavenderandvelvetcreative.com
Email: lavenderandvelvetcreative@gmail.com
By purchasing or using our Products and accessing our Site, you confirm that you have read, understood, and agree to these Terms and Conditions and our Privacy Policy in their entirety.
Thank you for trusting Lavender and Velvet Creative Agency Inc. to support your creative needs!
