Terms & Conditions

BY VISITING OR PURCHASING FROM KREATIVE AVENUE DESIGNS
YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.

Overview

In these terms and conditions, the following words have the following meanings:

  • “We”, “us”, “our” refer to Kreative Avenue Designs, a business registered in Australia with ABN [insert number].
  • “You”, “your” refer to the user, customer, or visitor of this website.
  • “Website” refers to https://www.kreativeavenuedesigns.com/ and any subdomains or pages under it.
  • “Products” or “services” refer to any Kadence themes or related items that we offer for sale on this website.
  • “Order” refers to any request or purchase of products or services that you make on this website.

Use of the Website

You may use this website for lawful purposes only. You must not:

  • Use this website in any way that breaches any applicable laws or regulations;
  • Use this website in any way that infringes our or any third party’s intellectual property rights;
  • Use this website in any way that is fraudulent, deceptive, abusive, harassing, threatening, defamatory, obscene, or otherwise objectionable;
  • Use this website in any way that interferes with the security, functionality, or performance of this website or any other websites or systems;
  • Use this website in any way that transmits or introduces any viruses, malware, or other harmful code or material;
  • Use this website in any way that attempts to access, copy, modify, delete, or otherwise misuse any data or information on this website;
  • Use this website in any way that impersonates any person or entity or misrepresents your identity or affiliation;
  • Use this website in any way that violates the rights or privacy of any other person or entity.

We reserve the right to suspend, terminate, or restrict your access to this website at any time and without notice if we believe that you have breached these terms and conditions or for any other reason at our sole discretion. We also reserve the right to modify, update, suspend, or discontinue this website or any part of it at any time and without notice.

Products and Services

We sell Kadence themes for photographers & videographers on this website. Kadence themes are WordPress themes that are designed to work with the Kadence theme and plugins. Kadence themes are fully customizable and easy to use. You can change the colors, fonts, layouts, and features of your website with just a few clicks.

We make every effort to display the products and services as accurately as possible on this website. However, we cannot guarantee that the images, descriptions, prices, availability, or other information are accurate, complete, current, or error-free. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time without prior notice.

We also reserve the right to limit the quantities of products or services that we offer or sell. We may refuse or cancel any order at any time for any reason at our sole discretion. If we cancel an order after you have made a payment, we will refund you the full amount of your payment.

Orders and Payments

To place an order on this website, you must be at least 18 years old and have a valid email address. You must also provide us with accurate and complete information when placing an order. You are responsible for ensuring that the information you provide is correct and up to date.

When you place an order on this website, you are making an offer to purchase the products or services that you have selected. We will send you an email confirmation of your order. However, this does not mean that we have accepted your order. We will only accept your order when we send you another email confirmation that we have processed your payment and delivered your products or services.

We accept payments by credit card, debit card, PayPal, Stripe, Afterpay,

ZipPay, Apple Pay, Google Pay, and other methods as indicated on our checkout page. You must pay the full amount of your order at the time of placing it. You must also pay any applicable taxes, fees, charges, or shipping costs as indicated on our checkout page.

We use third-party payment processors to process your payments. By making a payment on this website, you agree to comply with their terms and conditions and privacy policies. We are not responsible for any errors, delays, or failures in processing your payments.

Cancellations, Refunds & Returns

Due to the digital nature of our products and services, we do not offer any cancellations, refunds, or returns once you have placed an order and received your products or services. All sales are final and non-refundable.

However, if you have any issues or concerns with your products or services, please contact us within 14 days of receiving them and we will try our best to resolve them. We value your satisfaction and feedback.

WordPress.com Sites

Our products and services are designed to work with self-hosted WordPress.org sites only. They are not compatible with WordPress.com sites unless you have a Business or eCommerce plan. If you are unsure about the difference between WordPress.org and WordPress.com, please refer to this article.

We are not responsible for any issues or damages that may arise from using our products or services on WordPress.com sites or any other platforms that are not supported by us.

Warranty

We warrant that our products and services will function as described and as shown on our website. However, we do not warrant that they will be error-free, bug-free, or compatible with all browsers, devices, plugins, or themes. We also do not warrant that they will meet your specific requirements or expectations

We are not liable for any issues or damages that may result from using our products or services on your website or any other websites. You are solely responsible for maintaining backups of your website and data, and ensuring the security and performance of your website.

Theme Support

We provide theme support for our customers who have purchased our products or services. Theme support includes:

  • Answering questions about the installation, setup, and customization of our products or services;
  • Providing updates and fixes for any bugs or errors in our products or services;
  • Offering suggestions and tips for improving the functionality and appearance of your website using our products or services.

Theme support does not include:

  • Customizing or modifying our products or services beyond their original features and options;
  • Troubleshooting or resolving issues that are caused by third-party plugins, themes, or hosting providers;
  • Providing support for WordPress.org core features or functions;
  • Providing support for any products or services that are not purchased from us.

You can access theme support by contacting us through our support forum or email. We will try to respond to your queries as soon as possible, but we cannot guarantee a specific response time. Our theme support hours are Monday to Friday from 9 am to 5 pm (Brisbane time)

Theme Compatibility

Our products and services are compatible with the latest version of WordPress.org and the Kadence theme and plugins. We also test our products and services with the most popular browsers such as Chrome, Firefox, Safari, Edge, and Internet Explorer 11.

However, we cannot guarantee that our products and services will be compatible with all browsers, devices, plugins, themes, or hosting providers. We also cannot guarantee that our products and services will be compatible with future versions of WordPress.org or the Kadence theme and plugins.

We recommend that you always update your WordPress.org site and the Kadence theme and plugins to the latest version to ensure the best performance and compatibility of our products and services. We also recommend that you use a reliable hosting provider that meets the minimum requirements for WordPress.org.

Footer Credit

Our products and services come with a footer credit that links back to our website. The footer credit is a small text that says “Theme by Kreative Avenue Designs”. You can see an example of the footer credit on our demo sites.

You are allowed to remove or modify the footer credit if you wish. However, we would appreciate it if you keep it as a way of supporting us and our work. The footer credit does not affect the functionality or appearance of your website in any way.

Third-Party Links

This website may contain links to third-party websites or resources that are not owned or controlled by us. These links are provided for your convenience and information only. We do not endorse, recommend, or guarantee the quality, accuracy, reliability, or suitability of any third-party websites or resources.

We are not responsible for any content, products, services, policies, practices, or actions of any third-party websites or resources. You access and use any third-party websites or resources at your own risk and discretion. You should review the terms and conditions and privacy policies of any third-party websites or resources before using them.

Copyright & Licensure

All the content, products, services, and materials on this website are the property of Kreative Avenue Designs or its licensors. They are protected by Australian and international copyright laws.

When you purchase a product or service from us, you are granted a non-exclusive, non-transferable, revocable, and limited license to use the product or service on one website only. You are not allowed to resell, redistribute, share, copy, modify, or otherwise use the product or service for any other purposes without our prior written consent.

You are also not allowed to use our products or services for any illegal or unethical activities, such as spamming, phishing, hacking, or infringing the rights of others.

We reserve the right to terminate your license and access to our products or services at any time and without notice if we believe that you have violated these terms and conditions or for any other reason at our sole discretion.

Lawful Purposes

You agree to use this website and our products and services for lawful purposes only. You agree to comply with all applicable laws and regulations in your jurisdiction. You agree not to use this website or our products and services for any purposes that are prohibited by these terms and conditions.

You agree not to use this website or our products and services in any way that could harm us, our affiliates, our partners, our customers, or any other person or entity. You agree not to use this website or our products and services in any way that could interfere with the normal operation of this website or any other websites or systems.

You agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, costs, or expenses (including legal fees) that may arise from your use of this website or our products and services in violation of these terms and conditions or any applicable laws or regulations.

Intellectual Property Rights to Your Materials

We respect your intellectual property rights and expect you to do the same. If you submit, upload, post, or otherwise provide any materials to us or this website, such as feedback, testimonials, reviews, comments, questions, suggestions, or ideas (collectively, “your materials”), you retain the ownership of your materials and grant us a non-exclusive,

perpetual, irrevocable, royalty-free, worldwide, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your materials in any media and for any purpose, including but not limited to marketing, promotion, and improvement of our products and services.

You represent and warrant that you own or have the necessary rights and permissions to provide your materials to us and this website. You agree not to provide any materials that are illegal, infringing, offensive, abusive, or otherwise objectionable. You agree not to provide any materials that contain any personal or sensitive information of yourself or others.

We are not responsible for any use or misuse of your materials by us or any third parties. We are not obligated to review, monitor, edit, or remove any of your materials. However, we reserve the right to do so at any time and without notice if we believe that your materials violate these terms and conditions or for any other reason at our sole discretion.

Changes and Updates to Terms

We reserve the right to change or update these terms and conditions at any time and without notice. Any changes or updates will be effective immediately upon posting them on this website. Your continued use of this website or our products and services after any changes or updates will constitute your acceptance of the revised terms and conditions.

It is your responsibility to check this page periodically for any changes or updates. If you do not agree to the revised terms and conditions, you must stop using this website and our products and services.

Limitation of Liability

To the fullest extent permitted by law, we are not liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages or losses that may arise from your use of or inability to use this website or our products and services, including but not limited to loss of profits, revenue, data, goodwill, or other intangible losses.

This limitation of liability applies whether the damages or losses are based on contract, tort, negligence, strict liability, or any other legal theory, and whether we have been advised of the possibility of such damages or losses.

Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages or losses. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, costs, or expenses (including legal fees) that may arise from your breach of these terms and conditions or your use of this website or our products and services.

Entire Agreement; Waiver

These terms and conditions constitute the entire agreement between you and us regarding your use of this website and our products and services. They supersede any prior or contemporaneous agreements, communications, or understandings between you and us on the same subject matter.

Our failure to exercise or enforce any right or provision of these terms and conditions will not constitute a waiver of such right or provision. Any waiver of any right or provision of these terms and conditions will only be effective if it is in writing and signed by us.

Contact

If you have any questions or comments about these terms and conditions or our products and services, please contact us at hello@kreativeavenuedesigns.com. We will try to respond to your queries as soon as possible.