Digital Products Terms & Conditions
By downloading and/or using products from Barketing’s Shop and/or using this website you agree to be bound by our terms and conditions. If you are unsure about usage, email email@example.com for further explanations.
How You Can Use Your Templates
- You can use your templates for personal or commercial use for your business but cannot be re-sold using original or edited version of the templates.
- Social media channels, newsletters, website, blog, and other marketing materials for promotion of your business.
- Edit templates to customize them to your business.
What you can’t do
- Sell or give templates, or any included elements, to others that have not purchased their own license.
- Edit templates or use any elements and resell as your own.
- Copy templates and resell them in any form.
- Share your login to share templates with anyone other than your team.
- Save, download, import, share with more than one Canva account.
- If you violate any of our terms, your account will be terminated and you will not longer have access to any of Barketing’s services or products. You may also face legal charges for copyright infringement or stealing of intellectual property violation.
- If you have a Virtual Assistant or employee that needs access to your templates, they can have access via your Canva account subscription as long as they are editing the templates for your businesses use.
- Due to the nature of digital products, we do not offer refunds.
We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what, and what happens if something goes wrong. We are required by law to remind you that we do not guarantee results, income or outcomes if you use our tools, services, advice or templates. As we have no control over how well (or if) a client closes deals, how well a client’s website copy converts, or whether a client’s marketing strategy, accountability, and many other factors outside of our control can effect the performance of our services and templates for a client.
Below is everything you need to know when downloading digital products from Barketing Solutions Inc., hereby referred to as Barketing Solutions. All users of our services/products are expected to read through our Terms of Service (TOS). By signing up for our services and/or downloading any products from our website, you acknowledge having read and agree to this TOS. These Terms govern your access and use of the products and services (“Products”) provided by Barketing Solutions. By using our products, you’re agreeing to be bound by these Terms. If you’re using our products for an organization, you’re agreeing to these Terms on behalf of that organization and in these Terms, “you” or “your” refers to that organization. If you disagree to any part of these terms you may not access our services or products.
We may modify these Terms from time to time by posting the most current version on our website. Any new features and new services or products that we add to our Services are subject to these Terms. If a modification materially to the terms reduces your rights, we will notify you. If you do not agree to a modification, you may terminate your use of our Services or request us to terminate the provision of our Services to you. By continuing to use our Services or products after the modification comes into effect, you are agreeing to be bound by the modified Terms. You can view the most recent version of our Main Terms here: https://barketing.co/terms-of-service/ Customers who download digital products from our shop, also agree to both the main TOS and our Digital Products Terms & Conditions.
- While Barketing Solutions uses reasonable efforts to include accurate and up-to-date information throughout the website and without our products, Barketing Solutions makes no warranties or representations as to its accuracy. Barketing Solutions assumes no liability or responsibility for any errors or omissions in the content of the website or our digital products.
- Due to the digital nature of the product, members are not eligible for refunds, and must cancel their subscription prior to their next billing date to avoid further charges. All purchases are final, there are no refunds.
When you purchase digital downloads with Barketing Solutions, you expressly consent to receive any notices, emails, announcements, agreements, documents, communications, or other correspondence from Barketing Solutions. You consent to receive notices electronically via email.
- Barketing Solutions uses commercially reasonable efforts to restrict unauthorized access to our website data and files, but cannot guarantee unauthorized 3rd party access beyond our control. Use of Barketing Solutions website is completely at your own risk.
Our services and work product are sold “as is” in all circumstances. In no event shall we be liable for any lost data or content, lost profits, business interruption, or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services we provide, even if we have been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.
Barketing Solutions agrees to indemnify, defend and hold harmless Client from any and all claims, actions, damages, and liabilities (excluding, without limitation, attorneys’ fees, costs and expenses) arising (i) through Contractor’s gross negligence ; (ii) out of any claim that the materials or deliverables, or any portion thereof, in fact infringes upon or violate any proprietary rights of any third party, including but not limited to patent, copyright and trade secret rights; or (iii) from a breach or alleged breach of any of Contractor’s representations, warranties or agreements herein.
Client agrees to indemnify, defend and hold harmless Barketing Solutions from any and all claims, actions, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising in any manner caused by Client’s (i) gross negligence; (ii) out of any claim that Client provided content, or any portion thereof in fact infringes upon or violate any proprietary rights of any third party, including but not limited to patent, copyright and trade secret rights; or (iii) from a breach or alleged breach of any of Client’s representations, warranties or agreements herein.
TO THE EXTENT PERMITTED BY LAW, PROVIDER SHALL NOT BE LIABLE FOR ANY BODILY INJURY, DEATH OR PROPERTY DAMAGE ARISING IN CONNECTION WITH THE USE OF THE SERVICE. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE AMOUNTS ACTUALLY PAID BY AND DUE FROM CUSTOMER HEREUNDER IN THE TWELVE MONTHS PRECEDING THE INCIDENT GIVING RISE TO LIABILITY.
IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOST SAVINGS OR OTHER SIMILAR PECUNIARY LOSS) HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING, NO LIMITATION OF EITHER PARTY’S LIABILITY SET FORTH IN THIS AGREEMENT SHALL APPLY TO (I) DAMAGES ARISING FROM A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS, (II) DAMAGES ARISING FROM ANY INFRINGEMENT AND/OR MISAPPROPRIATION OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS; OR (III) ANY CLAIMS FOR NON-PAYMENT.
Both Parties agree that when asked, Client must properly identify Barketing Solutions as the creator of the digital downloads. Client does not have a proactive duty to display Barketing Solutions’ name together with the digital products, but Client may not seek to mislead others that the deliverables were created by anyone other than Barketing Solutions.
This Agreement shall be governed by the laws of the Province of Ontario, without regard to its conflict of law principles. No choice of laws rules of any jurisdiction shall apply to this Agreement. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.
Neither party shall be responsible for its failure to perform to the extent due to unforeseen circumstances or causes beyond its control, including but not limited to acts of God, wars, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, or strikes, labour problems (other than those involving the employees of the affected party), computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within a party’s possession or reasonable control, provided that such party gives the other party prompt written notice of the failure to perform and the reason therefore and uses its reasonable efforts to limit the resulting delay in its performance.
This Agreement, including any other documents referenced herein, constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted. To the extent of any conflict or inconsistency between the provisions in the body of this Agreement and any schedule, exhibit or addendum hereto, the terms of such schedule, exhibit or addendum shall prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Customer purchase order or in any other Customer order documentation shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, PROVIDER MAKES NO REPRESENTATIONS AND PROVIDES NO WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS, INCLUDING ANY REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
We can’t guarantee that the functions contained in any web page, in its themes, plugins, add-ons, or templates, or in a completed website, will always be error-free. As one example, sometimes websites get hacked, despite the best security measures. We cannot be blamed or held liable for any inconveniences or costs incurred with these sorts of events. Therefore, we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential, or special damages arising out of the operation of, or inability to operate, your website or any other web pages, even if you have advised us of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
WE WILL USE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT WE DESIGN ALL FINAL DELIVERABLES TO COMPLY WITH THE KNOWN RELEVANT RULES AND REGULATIONS. YOU, UPON ACCEPTANCE OF THE DELIVERABLES, SHALL BE RESPONSIBLE FOR CONFORMANCE WITH ALL LAWS RELATING TO THE TRANSFER OF SOFTWARE AND TECHNOLOGY.
Last Updated: January 14, 2023