KRUSHELL CREATIONS'
TERMS AND CONDITIONS

Last updated: 01 JUNE 2024

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website, you agree to comply with and be bound by the following terms and conditions of use, which, together with our privacy policy and website disclaimer, govern Krushell Creations’ relationship with you about your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For these terms and conditions, “Us”, “Our” and “We” refers to Krushell Creations, and “You” and “Your” refers to you, the client, visitor, website user, or person using our website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly before using our website to ensure you are aware of any changes. We will endeavor to highlight any significant or substantive changes to you where possible. If you choose to use our website, we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Krushell Creations’ rights and obligations.

LIMITATION OF LIABILITY

It is an essential precondition to you using our website that you agree and accept that Krushell Creations is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes using or relying on third-party content, links, comments, or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your responsibility to ensure that any products, services, or information available through this website meet your specific personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

Our goods and services come with guarantees that cannot be excluded, modified, or restricted under the Australian Consumer Law and are in addition to any manufacturer or supplier warranty.

For Schedule 2 of the Australian Consumer Law, in particular, Sections 51 to 53, 64, and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Krushell Creations’ liability for any breach of a term of this agreement are limited to the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services resupplied to you.

You must be over 18 years of age to use this website and to purchase any goods or services.

DELIVERY OF GOODS

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of Krushell Creations.

Digital goods are delivered immediately upon successful payment. Please be aware of the inherent risks associated with downloading any software and digital goods. If you have any technical problems downloading any of our goods, please contact us so we can try to assist you.

RETURNS AND REFUNDS

Digital Goods:

As all our products are digital and instantly accessible upon purchase, we want to provide clarity on our refund policy.

All Sales Are Final:

Once you have completed the checkout process and received the ZipFolder containing your Canva Template Links, all sales become final.

Our Commitment to Customer Satisfaction:

While we understand that circumstances may vary, and issues may arise, we are dedicated to ensuring customer satisfaction. If you encounter any problems or concerns, we will make every effort to address them promptly.

Support Channels:

Our support team is available through various channels, including Live Chat on our website, Social Media comments, and email. Please bear in mind that we are a small team at Krushell Creations. You can expect a genuine response (not just an automated reply) within 48 hours of receiving your request.

Non-Refundable Reasons:

We want to be transparent about the reasons why we cannot offer refunds:

Each product (template) has a product description with Images/Video to give you a very good idea of what you will receive.
Editable Templates: Our templates are fully editable and customizable to suit your specific business needs.
Digital Nature: All our products are digital and considered non-tangible irrevocable goods, making them ineligible for return.
Usage Assurance: We cannot guarantee that you or any individual or organization receiving the templates will not use them after receiving the links.

Physical Goods:

Should you wish to return your order, please notify us within 14 days of purchase with a valid reason for the return. If we cannot resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly, and payment will be made by the same method you used. All refunds are made at the discretion of Krushell Creations.

LINKS TO OTHER WEBSITES

Krushell Creations may from time to time provide on its website, links to other websites, advertisements, and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, approval, or arrangement between Krushell Creations and the owners of those websites. Krushell Creations takes no responsibility for any content found on the linked websites.

Krushell Creations’ website may contain information or advertisements provided by third parties for which Krushell Creations accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received.

DISCLAIMER

To the fullest extent permitted by law, Krushell Creations disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Krushell Creations gives no guarantee that the documents, goods, or services will be free of errors, that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable, and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of Krushell Creations to bear any costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you, but you must ensure you are aware of any risk you may be taking by using this website or any products or services offered. It is your responsibility to do so.

YOUR PRIVACY

At Krushell Creations, we are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate privacy policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. Krushell Creations’ secure server software encrypts all customer information before sending it to us. Furthermore, all customer data collected is secured against unauthorised use or access. We do not store credit card information on our servers.

THIRD PARTIES

We do not sell or deal with personal or customer information. We may use it in a general sense without any reference to your name or your information to create marketing statistics, identify user demands and generally assist in meeting customer needs. In addition, we may use the information that you provide to improve our website and services but not for any other use.

DISCLOSURE OF INFORMATION

Krushell Creations may be required, in certain circumstances, to disclose information in good faith and where Krushell Creations is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods, or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Krushell Creations. Krushell Creations expressly excludes and does not permit you to use or access our website, download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Krushell Creations will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Krushell Creations reserves the right to exclude and deny any person access to our website, services, or information at our sole discretion.

This website contains material that is owned by or licensed to us. This material includes but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information, or materials on the website for the purposes of sale or use by any third party. In particular, you are not permitted to republish, upload, transmit electronically, or otherwise or distribute any of the materials, documents, or products that may be available for download from time to time on this website.

Krushell Creations expressly reserves all copyright and trademark in all documents, information, and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to local hard disk extracts for your personal and non-commercial use only, and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not distribute or commercially exploit the content except with our express written permission. Nor may you transmit it or store it on any other website or another form of an electronic retrieval system.

EARNINGS DISCLAIMER

Every effort has been made to present our products and the value they offer accurately. However, we cannot guarantee you will make money using the ideas found in any of our products. When we post revenue or sales figures on our website and other channels, they come from exceptional cases and don't reflect what most people can expect. You should not count on these numbers as any assurance or prediction of your own success.

Your results will be based on several elements, including finances, experience, level of commitment, and economic fluctuations - none of which we have control over.

Operating a web-based business carries certain risks, so using this content is solely at your risk.

Per our Terms of Use, no expressed or implied guarantees accompany any part of this site's content.

By utilising our services and products or continuing to browse, you agree that we won’t be held liable for any decisions you make due to information displayed or products bought from us.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and Krushell Creations concerning your use and access to Krushell Creations’ website and your use and access to its documents and information. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute that cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

CUSTOM DESIGN SERVICES

To engage our services, a formal quote must be agreed upon. All proposals, quotes, and projects are subject to the client terms included in our Krushell Creations Design Agreement. . When you engage in our services, you agree that we rely on the information supplied by you, the client, to provide the services. We cannot be held responsible for any results of our services based on such client information, and we cannot be held accountable for how you choose to use the outputs of our services.

Any images, graphics, photographs, and other content (together with “Material”) you may find on our website are owned by us or may have been created for our clients with permission to reproduce on our website. At no time are you permitted to copy, download, share, or otherwise use this Material for any purpose. All Material on our website is copyright protected.

JURISDICTION

This agreement and this website are subject to the laws of NSW and Australia. If a dispute between you and Krushell Creations results in litigation, then you must submit to the jurisdiction of the courts of NSW.

KRUSHELL CREATIONS' TERMS AND CONDITIONS

KRUSHELL CREATIONS'
TERMS AND CONDITIONS