This Mum Loves Tech Canva Social Media Templates
The following terms and conditions for purchases of our Canva Templates (the “Digital Product Terms & Conditions”) are entered into between you, our customer (referred to as “you” or “your”), and Nicola Walsh – Design and Digital, (referred to as “This Mum Loves Tech”, “NW Design and Digital”, “we”, “our”, or “us”).
The Digital Product
This Mum Loves Tech provides a set of Canva templates for creating social media posts at the correct size for each device, which is a “Digital Product”. As a condition of purchasing and using the Digital Product, you agree to be bound by these Digital Product Terms & Conditions.
Legal terms that apply to your purchase
Our Website Terms of Use and Privacy Policy form part of these Digital Product Terms & Conditions, and they also apply to any purchase you make from us.
If there is any inconsistency between any of those agreements and/or policies and these Digital Product Terms & Conditions, these Digital Product Terms & Conditions will take precedence.
For example, if our general refund policy is a certain number of days, and you see a different number of days in the refund policy in these Digital Product Terms & Conditions, you can be sure that the refund policy you see here applies to your Digital Product purchase.
Minimum age for purchase
Our products are intended to be purchased by individuals over the legal age of adulthood (which happens to be 18 years old in most places in the world).
If you are not a legal adult, you must only make purchases from our site with the consent of a responsible adult.
Our relationship with you
When you purchase a Digital Product, This Mum Loves Tech agrees to provide you with access to the Digital Product, which is an educational and informational resource. The information contained in the Digital Product, including any interactions with our staff or contractors, is not intended as, and shall not be understood as, professional advice.
Nothing in these Digital Product Terms & Conditions forms any partnership, joint venture, employment, or agency relationship between you and This Mum Loves Tech.
Payment required for access
By purchasing the Digital Product, you understand and acknowledge that you are entering into a legally binding contract with This Mum Loves Tech, which requires you to pay the fees in full in exchange for access to the Digital Product.
You will only be allowed to use the Digital Product when we receive payment in full.
Due to the nature of online payments, your payment may appear as “pending” or a similar status for several days. As a gesture of good faith, we provide access immediately when you make a payment, but if the payment then fails, we may revoke your access immediately without notifying you.
By making a payment online with your credit or debit card, you give us permission to automatically charge your payment method for the amounts specified on the Digital Product purchasing page. You also give us permission to share your payment information and instructions required to complete any and all payments in the transaction with our third-party payment providers.
Consequences of Failed Payments
In the event any payment fails or is not made by the due date, your access to the Digital Product will be immediately suspended, and any rights or licenses to use the Digital Product and related materials will be revoked immediately.
By agreeing to these Digital Product Terms & Conditions, you acknowledge that these are fair and reasonable consequences for failed .
Refund Policy
As this product is a pdf download once you have purchased the product and have access to the file we have no way to track if you have used the file or not. For this reason, all sales are final. We do not offer any money-back guarantee or refunds, to the extent permitted by law.
Our policy is in addition to any legal rights you may have through legislation that applies to your purchase. If you believe that a law in your geographic area entitles you to a refund outside of what is permitted by this policy, please contact us at info@thismumlovestech.co.uk. We will verify our legal obligations, and if required, we will provide you with a refund.
What is included with your Digital Product purchase
As part of the Digital Product, This Mum Loves Tech will provide the following:
Access and access instructions
You will receive an email with instructions on how to access the Digital Product shortly after your purchase.
You will have access to the Digital Product from the date of your purchase (the “Start Date”).
“Lifetime” access
Your purchase of the Digital Product comes with “lifetime access,” which means that you will be able to download the Digital Product and use it for as long as you want.
Intellectual property
All content included as part of the Digital Product, in any format, and any software used in delivering the Digital Product, is the property of This Mum Loves Tech (or our suppliers) and is protected by copyright and other intellectual property legal protections.
Your purchase and use of the Digital Product does not result in a transfer of any intellectual property to you. As a condition of your use of the Digital Product, you agree to observe and abide by all copyright and other intellectual property laws.
You cannot use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, or publish any of our intellectual property except as specifically allowed by these Digital Product Terms & Conditions or with prior written consent from us.
Licence
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Digital Product, including all content and resources contained within the Digital Product for your own personal use to achieve the outcomes set out on the Digital Product’s purchasing page (the “Purpose”).
You agree that you will not modify, publish, transmit, reverse engineer, transfer, create derivative works, or in any way exploit any of the content, or any part of the content, found in the Digital Product, except to the extent required to fulfil the Purpose. You also agree that you will not use your access or any part of the content in order to compete with This Mum Loves Tech or to harm our business prospects or relationships.
Our content is not for resale. You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use to achieve the Purpose. You will not use the content in any other way without our specific written permission.
You understand that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property except as specified in these Digital Product Terms & Conditions.
You also agree that any infringement of intellectual property rights will result in an immediate termination of the licence with no refund.
If you violate the terms of this license, your access to the Digital Product and any other related content will be terminated immediately, and you are not entitled to any refund (in part or in full).
Furthermore, if you violate this license by giving or selling a copy of our content to anyone other than a licence holder, sharing your account with anyone other than a licenceholder, or if you imply that anyone who gets access to our content has the right to use it for his/her/its commercial purposes, we reserve the right to invoice you for the licences you have gifted or sold to others.
Confidentiality
This Mum Loves Tech respects the privacy of its customers and will not disclose any Confidential Information you provide except as described in these Digital Product Terms & Conditions.
“Confidential Information” is any information about a person or business which is not generally available to the public and that a reasonable person would consider to be confidential. This includes, but is not limited to:
a) information you share with us about yourself, your contact details, and your payment information;
b) the Digital Product materials, in whatever format they are provided;
c) information about business strategies, operations, financials, marketing plans, methods, forms, processes, templates, and future plans; and
d) information about customers, including their personal details and situations.
Your Confidential Information may be shared with our staff, sub-contractors, and/or third party providers only to the extent necessary in order to provide the best services to you. If we do have to share your Confidential Information for this purpose, we will ensure that any person to whom it is disclosed also stores and treats the Confidential Information with the appropriate level of security and secrecy.
Personal Responsibility
By using the Digital Product, you accept personal responsibility for the results of your actions. You agree that This Mum Loves Tech has not made any guarantees about the results of taking (or choosing not to take) any action, whether recommended in the Digital Product or not. This Mum Loves Tech provides educational and informational resources in the Digital Product that are intended to help you. However, you recognise that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of This Mum Loves Tech.
You also recognise that prior results do not guarantee a similar outcome. Therefore, the results obtained by others, whether they are current or past customers of the Digital Product or otherwise, do not guarantee that you or any other person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Digital Product. You agree to use your judgement and conduct due diligence before taking any actions or implementing any plan or policy suggested or recommended in the Digital Product.
Materials & information provided by you
You own all of the information or materials (including comments, questions, feedback, suggestions, and testimonials) you may provide during use of the Digital Product or post, upload, input, or submit on any platform or social media (collectively, the “Contributions”). This Mum Loves Tech will never claim ownership of these Contributions which belong to you.
However, by posting, uploading, inputting, providing, or submitting your Contributions, you are granting This Mum Loves Tech, our affiliated companies, and our sub-licensees permission to use your Contribution in connection with the operation of their businesses including the rights to:
a) copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Contribution (or any part of the Contribution); and
b) to publish your name, your image, and your business name and logo (if applicable) in connection with your Contribution.
In other words, This Mum Loves Tech has the right to include your Contributions – including any audio or video recordings of you participating in or contributing to the Digital Product (if applicable) – in the Digital Product, other similar Digital Products, and marketing materials going forward.
No compensation will be paid for the use of your Contributions in accordance with the rights granted in these Digital Product Terms & Conditions. This Mum Loves Tech is under no obligation to post or use any Contributions you may provide and may remove any Contributions at any time at This Mum Loves Tech’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Contributions you warrant and represent that you own or otherwise control all of the rights to your Contributions.
This Mum Loves Tech will never use any Contributions in a way that harms your business prospects or reputation. If any Contribution includes the identifiable personal information of an individual other than you, This Mum Loves Tech will anonymise that portion before publishing any Contribution.
Technology and availability
Your use of the Digital Product and any associated services may sometimes be subject to interruption or delay.
Due to the nature of the Internet and electronic communications, we and our service providers cannot guarantee that our websites, platforms, emails, or any associated services will be error free, without interruption or delay, or free from defects in design.
We will not be held responsible if our websites, platforms, or the services supplied through them become unavailable, interrupted or delayed, or cause technical difficulties or glitches, regardless of the reason.
NO WARRANTIES
THE DIGITAL PRODUCT, INCLUDING ALL CONTENT AND RESOURCES CONTAINED WITHIN THE DIGITAL PRODUCT, IS PROVIDED TO YOU “AS IS.”
TO THE FULLEST EXTENT ALLOWED BY THE LAW, WE MAKE NO PROMISES (AKA WARRANTIES) ABOUT THE DIGITAL PRODUCT, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THIS INCLUDES (BUT IS NOT LIMITED TO) WARRANTIES ABOUT: BEING MARKETABLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
WE DO NOT PROMISE (AKA WARRANT) THAT THE DIGITAL PRODUCT WILL MEET YOUR SPECIFIC REQUIREMENTS, THAT IT WILL BE ERROR-FREE, OR THAT IT WILL ALWAYS BE AVAILABLE.
LIMITATION OF LIABILITY
YOU AGREE THAT THIS MUM LOVES TECH IS NOT LEGALLY OR FINANCIALLY RESPONSIBLE FOR ANY LIABILITY LOSS YOU SUFFER RELATED TO ACCESSING OR USING ANY PART OF THE DIGITAL PRODUCT OR ANY INFORMATION/RESOURCES CONTAINED IN IT.
YOU ALSO AGREE THAT, TO THE FULLEST EXTENT ALLOWED BY THE LAW, WE ARE NOT LIABLE FOR ANY KIND OF DAMAGES, INCLUDING BUT NOT LIMITED TO: DIRECT, INDIRECT, SPECIAL, PUNITIVE INCIDENTAL, FAIR, OR CONSEQUENTIAL LOSS OR DAMAGES RELATED TO YOUR ACCESS OR USE OF THE DIGITAL PRODUCT (SUCH AS LOSS OF USE, DATA, OR PROFITS AS WELL AS DELAYS OR INABILITY TO USE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS).
YOU UNDERSTAND THAT ACTS OR NON-ACTS OF THIRD PARTIES ARE OUTSIDE OF OUR CONTROL, AND WE DO NOT ACCEPT ANY LIABILITY FOR SUCH CIRCUMSTANCES, EVEN IF THEY AFFECT YOUR ABILITY TO ACCESS/USE THE DIGITAL PRODUCT.
NOTHING IN THESE DIGITAL PRODUCT TERMS & CONDITIONS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT REPRESENTATION, OR ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW IN YOUR JURISDICTION. HOWEVER, YOU AND THIS MUM LOVES TECH BOTH ACKNOWLEDGE THAT SUCH A CIRCUMSTANCE IS HIGHLY UNLIKELY GIVEN THE NATURE OF THE DIGITAL PRODUCT.
IF YOU ARE NOT SATISFIED WITH THE DIGITAL PRODUCT OR ANY PORTION OF IT, YOUR ONLY OPTION IS TO STOP USING THE DIGITAL PRODUCT. IN THIS CASE, NO REFUND OR REBATE WILL BE GIVEN EXCEPT IF YOU CORRECTLY USE THE REFUND POLICY IN THESE DIGITAL PRODUCT TERMS & CONDITIONS.
Compensation for wrongdoing (aka indemnities)
You agree to indemnify, defend, and hold harmless This Mum Loves Tech, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable legal fees) arising from:
a) your use of or inability to use the Digital Product and related services,
b) any Contributions made by you,
c) your violation of any terms of these Digital Product Terms & Conditions,
d) your violation of any rights of a third party, or
e) your violation of any applicable laws, rules, or regulations.
Entire agreement
These Digital Product Terms & Conditions, along with any agreements and policies incorporated by reference, contain the full agreement between you and us regarding your Digital Product purchase.
Any previous written or spoken agreements, promises, information, or understandings between us on this topic are not valid unless they are specifically mentioned in these Digital Product Terms & Conditions.
A printed version of these Digital Product Terms & Conditions and of any notice given in electronic form will be admissible in judicial or administrative proceedings relating to these Digital Product Terms & Conditions and will be treated the same as documents originally generated and maintained in printed form.
Interpretation
Unless the context requires otherwise, references to the singular include the plural and the masculine includes the feminine (and vice versa). Headings in these Digital Product Terms & Conditions are for convenience only and do not affect their interpretation.
Severability
If any part of these Digital Product Terms & Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, then the rest of the Digital Product Terms & Conditions will not be affected.
If this occurs, you agree to substitute the affected portion with a valid alternative that has the same effect as would have originally been achieved (to the extent possible).
No Waiver
If we delay or choose not to enforce or exercise any term of or any right under these Digital Product Terms & Conditions, we do not waive our rights. We can enforce/exercise it later.
Delays/failures beyond our control
We won’t face legal or financial penalties if we’re delayed or unable to fulfil our legal obligations because of circumstances beyond our control (these are “Circumstances Beyond Our Control”).
Circumstances Beyond Our Control include, but are not limited to, acts of God, natural disasters, governmental actions, terrorist threats or acts, civil unrest, national emergency, epidemic, lock-outs, labour disputes, materials or telecommunication breakdown, and power outage.
If a Circumstance Beyond Our Control affects our ability to meet our obligations under these Digital Product Terms & Conditions, we will notify you as soon as possible. Any dates/deadlines will be extended by however long the Circumstance Beyond Our Control lasts.
The date this contact applies from
These Digital Product Terms & Conditions will apply and be enforceable with respect to each Digital Product purchased by you from the date that you initially purchased that Digital Product.
Dealing with disputes
You give up any current or future claims relating to your purchase, access, and use of the Digital Product.
If there have any disagreement about the Digital Product or these Digital Product Terms & Conditions, you and This Mum Loves Tech both commit to resolving it through discussion and negotiation. Legal action can only be taken if honest efforts to resolve the issue fail.
The laws of England apply to interpreting and enforcing these Digital Product Terms & Conditions, and any legal action must only be started in the courts of City of Chelmsford, United Kingdom.
Changes to these Digital Product Terms & Conditions
We may make changes to these Digital Product Terms & Conditions without informing you. If we update, amend or make any changes to these Digital Product Terms & Conditions or any documents or policies referred to in them, those changes will be posted on the website.
Contacting us
For any questions, comments, or concerns regarding these Digital Product Terms & Conditions or any purchase, please contact us at info@thismumlovestech.co.uk.
Nicola Walsh – Design and Digital is a business located at 29 Plymouth Road, Chelmsford, Essex, CM1 6JG