Terms and Conditions Agreement

For the purposes of these Terms and Conditions

These terms and conditions apply between you, the User of this Website, and Brand & Palms, the owner, and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

Brand & Palms may change the terms from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

Our website address is www.brandandpalms.com.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either employed by Brand & Palms and acting in the course of their employment or engaged as a consultant or otherwise providing services to Brand & Palms and accessing the Website in connection with the provision of such services.

You must be at least 16 years of age to use this Website. The use of this website is at Your own risk. We host Our site on a trustworthy platform and take reasonable efforts to maintain the site. However, We make no explicit representations or warranties as to the safety of Your individual use of the website. We reserve the right to change these Terms and Conditions from time to time.

The terms “we”, “us”, “our”, I, and “ Brand & Palms” refer to Brand & Palms. The term “site” refers to https://www.brandandpalms.com/ and all of its subdomains. The terms “user”, “customer”, “you”, and “you’re” refer to site visitors, customers, clients, and any other users of the site. The terms “product”, “goods”, “template”, “service”, and “content” refer to our pre-made and time-saving templates, digital goods, fully customizable templates, professional design templates, brand kits, pre-designed ready to edit Social Media Templates, Webdesign, Graphics, Online Digital assets (Product), support work, and all site content.

Intellectual property and acceptable use

All Content included on the Website, unless uploaded by Users, is the property of Brand & Palms, our affiliates, or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software, and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights, and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the site without the owner’s prior written permission
You may, for your own personal, non-commercial use only, do the following:
retrieve, display and view the Content on a computer screen
You must not otherwise reproduce, modify, copy, distribute, or use for commercial purposes any Content without the written permission of Brand & Palms.

Prohibited use

You may not use the Website for any of the following purposes:
in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
in any way which is harmful, unlawful, illegal, abusive, harassing, threatening, or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
making, transmitting, or storing electronic copies of Content protected by copyright without the permission of the owner.

Use and Consent

By purchasing or using any of our Products or Services, you agree to abide by these Terms of Use as well as our Disclaimer, Terms and Conditions, and Privacy Policy, and any other terms and conditions that may apply, and you are required to act in accordance with them. Accessing, purchasing, or using our Products, Services, or Program Materials, in any manner constitutes use of the Program, Products, Services, and Program Materials, and your agreement to be bound by these Terms of Use. All products are owned and provided by Brand & Palms, which provides digital products.

These are the terms on which we sell all Products or Services to you. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept. If you do not click on the button, you will not be able to complete your Order.

Links to other websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Brand & Palms or of our affiliates.
We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of their use of them.
The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Availability of the Website and disclaimers

Any online facilities, tools, services, or information that Brand & Palms makes available through the Website is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of the information, compatibility, and satisfactory quality. Brand & Palms is under no obligation to update information on the Website.
Whilst Brand & Palms uses reasonable endeavors to ensure that the Website is secure and free of errors, viruses, and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
Brand & Palms accepts no liability for any disruption or non-availability of the Website.
Brand & Palms reserves the right to alter, suspend or discontinue any part (or the whole of) of the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of liability

Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
To the maximum extent permitted by law, Brand & Palms accepts no liability for any of the following:
any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill, or commercial opportunities;
loss or corruption of any data, database, or software;
any special, indirect, or consequential loss or damage.

General

You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements, or agreements that might have taken place in relation to the terms and conditions.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
Unless otherwise agreed, no delay, act, or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

Online commerce

Certain sections of the Website or its Content may allow you to make purchases. When You purchased Our Offering, You were given reasonable notice that these Terms and Conditions of Use existed. By moving forward with Your purchase, You implicitly agreed and continue to agree to abide by these Terms and Conditions of Use, as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.

You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of our Website or its Content.

The description of the Services and any Goods is as set out in the Website, catalogs, brochures, or other forms of advertisement.
In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
All Services which appear on the Website are subject to availability.
We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

1. Customer responsibilities

You must co-operate in all matters relating to the Services, provide us and our authorized employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services, and obtain any necessary licenses and consents (unless otherwise agreed).

Failure to comply with the above is a Customer default which entitles us to suspend the performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the service with immediate effect on written notice to you.

You are agreeing that you will not use our Website or its Conduct in any way that causes or is likely to cause the Website, Content, or access to them to be interrupted, damaged, or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us.

To impersonate any third party or otherwise mislead as to the origin of your contributions

To reproduce, duplicate, copy or resell any part of our Programs, Products, Services, or Program Materials in a way that is not in compliance with these Terms of Use or any other agreement with us.

You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and its Content for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.

2. Basis of Sale

The description of the Services and any Goods on our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

A completed sale will be formed for the Services and any Goods ordered after payment is received, you will receive an email confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. You will receive the Order Confirmation within a reasonable time after completing the order.

If you purchase or access any of our Program Materials through our Products or Services, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a non-transferable license for personal, non-commercial use only, limited to you only (unless otherwise agreed). This means that you may not use our Products or Services or the Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized.

Products (Digital goods)

The products will be delivered as an instant download after the purchase
You will get *lifetime access to the product
Reselling, sharing, and giving away are NOT permitted.
Services provided by Brand & Palms
We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:

in the case of Services, within a reasonable time; and
in the case of Goods, the products will be delivered as an instant download after the purchase.
In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees.

Due to the nature of the services and/or products provided, refunds will not be given unless otherwise specified in writing.

We describe and display our products and services as accurately as possible. However, please do not accept that the site is entirely accurate, current, or error-free. We may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

Products and services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person, or entity, without the obligation to assign a reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the site, product, or service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

We will supply the Services with reasonable skill and care. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
we will only Process Personal Data for the purposes identified;
we will respect your rights in relation to your Personal Data; and
we will implement technical and organizational measures to ensure your Personal Data is secure.

Refunds

All sales of Brand & Palms products and services are final. Due to the digital nature of our products, no returns, exchanges, or refunds will be provided under any circumstances. Brand & Palms does not accept order cancellations once payment has been received and accepted.

If there is an issue due to an error on our part that prevents you from using the goods and services, we will consider refunding you partially, or in full. In order to receive a refund, you must allow us the opportunity to fix the issue first by:

Providing email support

Providing you with a file replacement
If you do not give us the opportunity to fix the issue using the above methods, a refund will not be issued.

Termination

If at any time we feel you have violated these Terms and Conditions, then we shall immediately terminate your use of our website and any related communications as we deem appropriate. It is within our sole discretion to allow any user access to our website, and we may revoke this access at any time without notice.

Support

Support is provided for customers of Brand & Palms; any support requiring extensive work is offered to customers of Brand & Palms for an additional fee.

Copyright

Copyright © Brand & Palms. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third parties.