Terms & Conditions
The following Terms and Conditions constitute an agreement (the “Agreement”) between you as the (“User”/”Client”) and Zivia Designs (“we”, “us”) and contain the terms and conditions that apply to your access and purchase of products from Us.
- Please read these terms and conditions (the “Terms”) carefully. By visiting our website and/or making a purchase from us, you signify that you agree with these terms and conditions. If you do not agree with our Terms and Conditions, we ask you to cease the use and access of our website.
- We reserve the right to modify this Agreement and/or the Policies (and update our Web Page on which they are displayed) from time to time. A date stamp will be applied at the top of the page therefore it is important that you check this page regularly.
- This Website, including associated social media profiles, may contain links to third party websites. The inclusion of a link does not imply that Zivia Designs endorses, has investigated or verified the linked websites.
- All prices are in Australian Dollars (AUD) and are inclusive of Goods and Services Tax (GST).
- Full and punctual payment for product(s) will be required, before an order is confirmed and reserves the right to amend and/or change the pricing and rates at any given time.
- You agree that at all times that:
- You will comply with this Agreement (including all Zivia Designs Policies) and all applicable laws and regulations;
- You will not use Zivia Designs or any of its related services for any illegal or immoral purpose.
- You agree that at all times that:
Copyright and Intellectual Property
- Unless otherwise stated, the information, blogs, text materials, graphics, logos, button icons, video and audio clips, trademarks, advertisements, layout, arrangement, graphical user interface, look and feel, and control features of Zivia Designs’s Website and or any of its Platforms are owned and controlled for these purposes by Zivia Designs.
- You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Content (either in whole or in part) unless you have been provided with prior written permission by Zivia Designs.
- By purchasing a digital product from Zivia Designs, you are granted one revocable, worldwide, non-exclusive license to the product(s) you have purchased.
- If we find, or have reasonable evidence to believe that you have violated this license by selling, giving, or redistributing our templates or products to anyone or if you imply they have the right to use it for his/her/its commercial purposes, Zivia Designs reserves the right to invoice you for the licenses you have gifted to others and revoke your access to our template(s)/product(s) permanently.
Zivia Designs shall not be liable for incidental or consequential damages or expenses. This includes (and is not limited to) any delays, errors, damage to property, loss of income, profits, any direct/indirect/special economic or commercial losses, third party claims, any punitive damages or any legal costs arising out of, or in connection:
- the use of any e-products sold on Zivia Designs;
- the use of information provided by you through Zivia Designs and or its platforms; or
- you or anyone else being unable to access Zivia Designs for any reason.
- You indemnify Zivia Designs against any action, liability, claim, loss, damage, proceeding or expense (including legal costs) suffered or incurred by Zivia Designs, arising out of, or in connection with your breach or non-observance of any term of these Terms and Conditions.
- This warranty does not affect your statutory rights.
- Zivia Designs makes no guarantee as to the availability or suitability of products on this Site and/or to our services.
- Zivia Designs shall not be liable for incidental or consequential damages or expenses. This includes (and is not limited to) any delays, errors, damage to property, loss of income, profits, any direct/indirect/special economic or commercial losses, third party claims, any punitive damages or any legal costs arising out of, or in connection:
- Our site has been designed to protect the information that we collect online from unauthorised access. We take reasonable steps to safeguard your private information by implementing appropriate physical, electronic and managerial procedures necessary to protect your privacy.
Disputes and Mediation
- If the Client has a complaint about the Service and or Product they have received from Zivia Designs, please contact Zivia Designs directly
- Mediation will be the first cause of action, if communications between the Client and Zivia Designs to attempt to resolve the dispute has exhausted.
- All legal/mediation/arbitration fees associated with a dispute raised by the Client will be at the expense (in full) of the Client.
Choice of Law
- The agreement herein is governed by the law in force in accordance to the law of Western Australia. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the Western Australian Courts.
- Zivia Designsl reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials, which violate any applicable or relevant law.