THE SOCIAL IMPACT TERMS & CONDITIONS
Thank you for making a purchase with The Social Impact. These Terms and Conditions govern your purchase.
By clicking “accept” you agree to these Terms and Conditions.
1. Purchase Services
- The Website is operated by The Social Impact Pty Ltd (acn: 650 616 176) t/a The Social Impact (‘The Social Impact’). Access to and use of the Website, or any of its associated Products or Services, is provided by The Social Impact.
- The Website provides you with an opportunity to browse and purchase a variety of digital design templates (the ‘Templates’), Eproducts (‘Eproducts’) as well as physical products (‘Physical Products’) 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').
2. 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 The Social Impact in the user interface.
3. Personal Information
- When purchasing a Product, you will be required to provide personal information such as your name, address and e-mail address.
- You agree that all details that you have provided in completing the purchase are true and correct.
4. 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').
- Payment of the Purchase Price may be made through Stripe or as otherwise stated (the 'Payment Gateway Providers')
- Following payment of the Purchase Price being confirmed by The Social Impact, you will be issued with a receipt to confirm that the payment has been received and The Social Impact may record your purchase details for future use.
5. Refunds and Returns
- The Social Impact does not provide refunds for any Products. Please keep this in mind when making a purchase.
6. Delivery (Physical Products)
- You acknowledge that the Purchase Services offered by The Social Impact integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').
- In providing the Purchase Services, The Social Impact may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that The Social Impact is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
- In the event that an item is lost or damaged in the course of the Delivery Services, The Social Impact asks that you:
- contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
- contact The Social Impact by sending an email to [email protected] outlining in what way the Products were damaged in transit so The Social Impact is able to determine if the Delivery Service Provider should be removed from the Purchase Services.
7. Delivery (Eproducts)
- Eproducts, including templates, are delivered are delivered as links to download sent via email following purchase. Should you not receive the email within 30 minutes of purchase please first check your spam folder and then contact [email protected].
- The Social Impact will endeavour to respond to you as a priority and will not be liable for any issues concerning your e-mail account and inability to receive the Eproduct.
- The Social Impact offers a variety of Templates (‘Templates’) for sale through the Online Store which can be customized and edited using Canva (‘Editing Programs’).
- The Templates include stock images as a placeholder. You are permitted to use the stock images or to source others independently.
- To use the Templates offered by The Social Impact You may be require a paid account with Canva which gives you access to fonts that are not available on a free account.
- You agree that it is your sole responsibility to ensure that you have the correct type of account with the relevant Editing Program and the skills and ability to customize the Template you have purchased.
- You understand that The Social Impact has no affiliation or relationship with the relevant Editing Program.
9. License Information
- When you purchase a Template through the Website, The Social Impact grants you a non-exclusive, non-transferable, revocable worldwide license to use the intellectual property for its intended use only as a template on your social media account for commercial or personal use (‘Permitted Use’) only.
- You are permitted to use the Template you purchase an unlimited number of times as long as it is for a Permitted Use.
- The Licence does not permit you to do the following:
- reproduce or use any of the Templates for commercial purposes outside of the Permitted Uses, including reselling the Templates;
- redistribute the Template in a tool or template, or with source files;
- share or sublicense the Template;
- use the Template in an application where users are invited to build or design their own products using the Template as a template for a final product.
- Attribution is not required, but would be greatly appreciated.
- The Social Impact’ Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
12. Mailing List
- When making a purchase, you will be given the opportunity to sign up for The Social Impact Mailing List. If you choose to sign up for this service you agree to receive promotional materials, updates and other content from The Social Impact via e-mail.
- You can opt out at any time by following the unsubscribe process contained in the e-mail or e-mailing [email protected].
13. Information Disclaimer
- The information contained within all associated Eproducts and is for general information purposes only and is not meant to substitute professional business or marketing advice. You agree to seek marketing or business advice prior to following any advice or utilizing information offered by The Social Impact. To the maximum extent permitted by law, The Social Impact and all persons acting on behalf of The Social Impact, disclaim all responsibility and liability to any person, arising directly or indirectly from any person taking or not taking action based upon the information presented within Eproducts.
- You understand and agree that The Social Impact does not in any way, directly or indirectly, guarantee or provide warranties or undertakings, as to the success or outcome of any information or Products it provides.
14. Limitation of Liability
- The Social Impact' 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 The Social Impact is the resupply of information or Purchase Services to you.
- You expressly understand and agree that The Social Impact, 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.
- The Social Impact 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 The Social Impact, by third parties or by any of the Purchase Services offered by The Social Impact.
- You agree to indemnify The Social Impact, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
- 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
- any breach of the Terms.
16. Venue and Jurisdiction
- The Purchase Services offered by The Social Impact is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
17. Governing Law
- The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
18. Independent Legal Advice
- Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
- If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.