TERMS OF SERVICE
**Lavender and Velvet Creative Agency** (“Company”) offers digital products for purchase by customers and clients ("Customer") under the terms outlined below:
SECTION 1 | INTRODUCTION
Lavender and Velvet Creative Agency, based in British Columbia, Canada, provides digital resources and products to help businesses and individuals with their creative and business needs. The product currently available for purchase is:
1. **The Designer Toolkit**: A comprehensive digital resource designed to support customers in their creative and business projects.
This digital resource (hereafter referred to as the “Product”) is intended to offer structure and guidance for customers in their creative processes.
SECTION 2 | DURATION & CANCELLATION
**Duration**: This Agreement remains effective for as long as the Customer has access to the Product.
**Cancellation**: Dissatisfaction with the Product, the Company's services, or any related method does not justify terminating this Agreement or requesting a refund. By completing the purchase, the Customer agrees to adhere to all terms and remains responsible for the full payment, irrespective of the extent of Product usage or level of satisfaction.
SECTION 3 | DISCLAIMERS
The Product is provided solely for educational and informational purposes. While the Company offers general guidance through the Product, it is the Customer's responsibility to apply and interpret the information according to their unique circumstances. The Company does not warrant any specific outcomes, and any use of the Product is at the Customer's own discretion and risk.
The Product does not include:
1. Personalized or tailored business advice.
2. Legal, financial, or therapeutic counseling.
3. Public relations or social media marketing services.
4. Access to the Company’s professional network or direct business connections.
SECTION 4 | CUSTOMER’S RESPONSIBILITIES
The Customer acknowledges that the Product is designed for educational use and accepts full responsibility for the implementation and success of the information provided. The Customer agrees to:
1. Assume full accountability for their actions and outcomes.
2. Apply the strategies from the Product independently, without reliance on additional support.
SECTION 5 | PAYMENTS & FEES
1. **Payment Terms**: Customer agrees to pay the entire purchase amount for the Product at the time of checkout, according to the payment options available.
2. **Authorization**: Customer authorizes the Company to charge the designated payment method for the full amount or for each installment, if a payment plan is chosen, without requiring further authorization.
3. **Failed Payments**: In the event of a failed payment, the Customer is responsible for resolving the issue within five (5) business days. Failure to do so will result in forfeiture of access to the Product.
4. **Chargebacks**: Customer agrees not to initiate chargebacks without prior written agreement from the Company. The Company reserves the right to pursue any and all legal means to recover due payments, including the costs associated with such recovery.
5. **Late Fees**: Payments not received within five (5) days of the due date will incur a late fee of $25 CAD. If payments are not made within ten (10) days, it will be considered a breach of these terms, and the Customer may lose access to the Product, while still being liable for all payments due under this Agreement.
SECTION 6 | REFUND POLICY
All purchases are final. Due to the nature of digital products, refunds will not be issued under any circumstances.
SECTION 7 | CONFIDENTIALITY, NON-DISCLOSURE & 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 8 | INTELLECTUAL PROPERTY & 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 9 | INDEMNITY & 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 10 | MISCELLANEOUS
1. **Amendments**: The Company reserves the right to amend these Terms of Service. Any updates will be posted on the Company’s website, and Customers are encouraged to review these terms periodically.
2. **Headings & Severability**: Section headings are for convenience and do not affect the interpretation of these terms. If any part of this Agreement is deemed unenforceable, the remaining sections will continue to be in full effect.
3. **Entire Agreement**: This document represents the complete agreement between the parties, superseding any previous agreements, communications, or understandings.
4. **Governing Law**: This Agreement is governed by the laws of British Columbia and the applicable laws of Canada.
5. **Arbitration**: Any disputes arising from this Agreement will be resolved through binding arbitration in British Columbia.
6. **Maximum Liability**: The Customer agrees that the maximum amount of damages they may seek will not exceed the cost of the Product purchased.
7. **Acceptance**: By purchasing **The Designer Toolkit**, the Customer acknowledges that they have read, understood, and agree to these Terms of Service.
